McKendree University argues that a lawsuit alleging students were deprived of the full on-campus services due to COVID-19 closures is barred by the educational malpractice doctrine.
McKendree University filed its motion to dismiss the amended complaint on Dec. 9 through attorney Kyle Seelbach of Husch Blackwell LLP in St. Louis.
“McKendree implemented the only option available to ensure the safety of its students and employees, while still educating its students,” the motion states. “Plaintiffs do not allege that McKendree’s actions were motivated by anything other than health and safety concerns.”
The defendant argues that while the plaintiffs seek reimbursement for receiving an education that was allegedly lesser in value than what they expected, the complaint does not allege that the university saved money by moving courses online.
McKendree argues that the plaintiffs modified phrases in the amended complaint “in a transparent effort to avoid the educational malpractice doctrine, which bars the entirety of this suit.”
The university also argues that the plaintiffs fail to adequately plead that their tuition and fees were conditioned upon the receipt of in-person education; that the unjust enrichment claim is barred by the contractual relationship between the parties; that they fail to allege McKendree was unjustly enriched; that the claim for money had and received are insufficient; and the complaint improperly seeks to plead a breach of contract as a violation of the consumer fraud statute.
“Regardless of the exact labels plaintiffs use, the substantive complaints are the same - plaintiffs attack the quality and value of the remote education provided by McKendree during the pandemic compared to the education prior to the pandemic,” the motion states. “This is precisely the type of claim that is barred under Illinois’ educational malpractice doctrine.”
Plaintiffs Kelsey Delisle and Kaitlyn Pennington filed an opposition to the motion to dismiss on Jan. 25 through attorney Richard Cornfeld of St. Louis.
They argue that the defendant’s motion to dismiss mischaracterizes the plaintiffs’ claims as being about the quality of their education “in a misguided attempt to make the doctrine fit the facts alleged.”
“Plaintiffs do not claim that the services were to be exclusively in-person, but what defendant in fact provided was exclusively not in-person,” the opposition states.
The plaintiffs allege they adequately plead their claims, including unjust enrichment claims based on money retained for services that were not provided.
McKendree University filed a reply memorandum in support of its motion to dismiss the amended complaint on Feb. 8.
“Plaintiffs here have tried to avoid educational malpractice doctrine by saying their claim has nothing to do with the educational quality, but that McKendree did not provide them with an in-person education ‘at all.’
“This ignores the fact that McKendree undoubtedly provided plaintiffs with educational services and courses, and even in-person educational services during the first portion of the Spring 2020 Semester prior to the COVID-19 pandemic,” the reply states.
The university also argues that just because students have typically been restricted from taking more than one online course “does not constitute a promise by McKendree that it will not change the format of courses (and provide synchronous instruction via remote means) in response to exigent circumstances like the COVID-19 pandemic.”
Cornfeld filed the original complaint on behalf of the plaintiffs in St. Clair County Circuit Court on Sept. 9. McKendree University removed the case to the U.S. District Court for the Southern District of Illinois on Oct. 12.
The defendant first sought dismissal on Nov. 6. In response, the plaintiffs filed an amended complaint on Nov. 25.
According to the complaint, Delisle was an undergraduate student and Pennington was a graduate student at McKendree during the Spring 2020 semester. McKendree announced that in-person courses would be suspended beginning March 16. In an April 2 announcement, the school suspended student activities on campus and closed the library. Additionally, university offices and facilities were operated remotely.
Cornfeld argues that the students received reduced value from student fees and room and board. He adds that the students have not been refunded any part of their tuition, fees or housing costs.
“Plaintiffs do not challenge Defendant’s decision to effectively close its campus and transition to online-only classes because of the COVID-19 pandemic, but the effect of this decision was that Plaintiffs and Class Members were deprived of the many benefits of the full in-person services for which they paid,” Cornfeld wrote.
The suit states that “in-person students pay tuition for the full campus experience.”
“Yet when all that is provided are online courses that must be attended away from campus, students do not receive their bargained for in-person experience, including face-to-face interaction with professors and peers, access to computer labs, libraries, and laboratories, and on-campus activities and organizations,” Cornfeld wrote.
According to the complaint, students paid mandatory fees, including a $100 graduation fee despite not having a graduation ceremony.
“After Defendant’s COVID-19 related restrictions and switch to online learning went into effect, Plaintiffs and Class Members either no longer received the benefit of these mandatory fees or they received a decreased benefit from them, because the fees are primarily associated with the on-campus services.
“Yet Defendant has not provided reimbursements for the unused portions of these mandatory fees,” the suit states.
Cornfeld also alleges that although the accounts of students who lived on campus reflect a partial housing refund, no refund has actually been issued.
He wrote that McKendree has been unjustly enriched by retaining the students’ fees and tuition costs without providing complete services and experiences.
Cornfeld seeks class certification.
The proposed class consists of “students at McKendree University who did not receive the in-person educational experience that they paid for during part of the 2020 Spring Semester as a result of McKendree’s effective closing of its campuses and its switching to online instruction due to risks associated with the Novel Coronavirus Disease (COVID-19).”
The class seeks actual damages, punitive damages, injunctive relief, pre- and post-judgment interest, attorneys’ fees and costs.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-1073