University of Louisville, Grawemeyer Hall. 

LOUISVILLE, Ky. (WDRB) -- A University of Louisville student filed a class action lawsuit alleging she and her peers didn't "receive the in-person benefits and services for which they bargained for" when they paid tuition and fees for the spring semester.

In the lawsuit, filed last week in Franklin County Court, Kelsey Lyvers said students "entered into a contract" in which she paid tuition and fees and U of L "would provide in-person educational services, experiences, opportunities, and other related services."

U of L moved to remote learning in March, when the COVID-19 pandemic began to accelerate nationwide. As a result, Lyvers alleges in the lawsuit, "(U of L) failed to uphold their end of the contract to provide in-person educational services and other related collegiate experiences and services."

Listed as defendants in the suit are all members of the university's board of trustees, except for student constituency representative, Sabrina Collins:

  • Scott Brinkman
  • Randall Bufford
  • Raymond Burse
  • John Chilton
  • Alfonso Cornish
  • Sandra Frazier
  • Diane Medley
  • Mary Nixon
  • Diane Porter
  • James Rogers
  • David Schultz
  • John Smith

Among others reasons, Lyvers argues in the suit for a reimbursement of tuition and fees because an online education costs less than an in-person one, and "the two options are promoted and priced differently, and are separate and distinct."

"The online learning options offered in the Spring 2020 semester by the University were sub-par in practically every aspect as compare to what the education experiences afford Plaintiff and the Class once was," the suit says.

"By denying in-person learning and on-campus benefits and opportunities, Defendants have violated the Kentucky Constitution, Section 13, and the United States Constitution's Fifth and Fourteenth Amendments. Plaintiff and members of the Class are entitled to pro-rated refund of tuition and Mandator Fees for the duration of the University's COVID-10 related closures for the in-person education and on-campus services and opportunities that Plaintiff and members of the Class have been denied."

The suit is seeking monetary damages.

A U of L spokesman said the university typically doesn't comment on pending litigation.

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