Student sues Montclair State for closing class due to COVID-19, seeks tuition refund

A film student has brought a class action lawsuit against Montclair State University, seeking a prorated refund of tuition paid for the spring 2020 semester after the school closed its campus and switched to online instruction, according to court documents.

"The online learning options being offered to Montclair students are subpar in practically every aspect and a shadow of what they once were," argues the complaint, which was filed in state court on Wednesday.

The suit was brought by Colin Keyes, an undergraduate film making student at the university, who describes his major as dependent on in-person instruction, critique and student collaboration, as well as access to school-owned film making equipment and facilities, which the complaint notes Keyes paid for in added fees.

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His complaint largely takes aim at the quality of online education, which he argues is worth less than in-person instruction. His suit cites a 20% difference in the cost of an MBA earned through in-person classes on Montclair State's campus, and one earned through online courses offered by the school.

In the lawsuit, Keyes says he paid $6,125 in tuition for the current semester (roughly in-state tuition) as well as $495 in fees, not including those for the film department. This semester's out-of-state tuition, according to the suit, is more than $10,000 for an undergraduate and as much as $12,000 for some graduate students.

On March 10, one day into spring break, the school announced the holiday would be extended to March 22 and that moving forward, all classes would be taught online, as most elementary and high schools in the area did the same to stem the spread of COVID-19. A week later, MSU announced it would close its campus.

With the closure of campus, Keyes' lawsuit argues, he and his classmates lost access to resources such as the library, computer labs, science labs, sports and clubs, all of which were factored into the cost of tuition.

Keyes is suing for breach of contract and unjust enrichment and seeking a tuition refund  that excludes the value of the semester before classes were transitioned online.

The lawsuit says that any student who paid tuition for the spring 2020 semester is eligible to join as a plaintiff. There are currently 19,627 students enrolled in the university this semester.

Montclair State University spokesperson Erika Bleiberg responded Thursday morning, stating that the school would not issue partial refunds for tuition or fees.

"In order to help save lives and slow the spread of the virus, all educational institutions in New Jersey were required, by government order, to stop providing in-person instruction during the public health emergency," Bleiberg wrote in an email. 

"The University has continued to provide all of our students with instruction and support services, so that they can stay on track toward graduation."

Nicholas Katzban is a local reporter for NorthJersey.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.

Email: katzban@northjersey.com Twitter: @nicholaskatzban