CINCINNATI — An estimated 494 students who were enrolled in Xavier University's College of Nursing could get some money back after Xavier opted to settle a lawsuit filed in 2020 over remote learning during the COVID-19 pandemic.
The settlement totals $750,000 to be shared among any student identified on the Xavier Class List who were enrolled in Xavier University's College of Nursing Accelerated Bachelor of Science in Nursing Program in any city in Ohio during the spring of 2020 and the summer of 2020.
Ximena Miranda filed the suit in U.S. District Court in Cincinnati on July 10, 2020 on behalf of the students enrolled in the program. The lawsuit claimed the academic opportunities offered by Xavier through remote learning were limited in scope and opportunity from what students expected to receive in face-to-face classes, for which they paid tuition.
The lawsuit also claimed that Xavier University did not reduce tuition when it switched to online learning in March of 2020 and subsequently raised tuition costs for the summer semester. Miranda paid approximately $13,500 per semester, in addition to a variety of fees, such as student activity fees and professional liability insurance, which the lawsuit argued should be refunded.
Xavier filed motions to dismiss the lawsuit In September and October of 2020; the court dismissed parts of the original lawsuit as it was filed but allowed several of Miranda's complaints to proceed.
Dropped from the lawsuit were Miranda's requests for reimbursement for annual student activity fees; the original lawsuit stated Miranda paid these fees at the start of the semester "even though there are currently no student activities." Miranda's complaints that the professional liability fee she paid for insurance coverage during clinical learning "even though Xavier no longer offers clinical learning experiences" was allowed to proceed to the settled version of the lawsuit.
On April 14, courts filed Miranda's motion for the approval of an undisputed class action settlement, meaning Xavier has agreed to the terms outlined in the motion.
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