Three law firms filed a multimillion-dollar class-action lawsuit against Liberty University over its response to the coronavirus pandemic.
The firms argued the university in Lynchburg, Virginia, should be forced to repay student fees to each student because the university closed dining halls, canceled activities, and moved classes online. The university’s president, Jerry Falwell Jr., has argued that fees should not be refunded because the university is open to students who chose not to leave the dorms.
Student fees range from $9,000 to $16,000, but Liberty University only offered a credit of $1,000 to students who are returning in the fall.
Adam Levitt, one of the plaintiffs in the lawsuit, said, “Liberty’s attempt to profit from the worldwide COVID-19 pandemic is reprehensible and incredibly hypocritical in light of the values upon which the university says that it’s based.”
He added, “This pandemic has already placed tremendous financial strain on many of Liberty’s students and their families, and the fact that Mr. Falwell would disingenuously keep the campus open as a pretext for holding onto student fees while putting their finances and health at risk is a stark illustration of where his true priorities lie.”
The class-action lawsuit argued that students should be repaid because the university is mostly closed. The attorneys also argued Fallwell put the health of students at risk by not acting fast enough.
The attorneys argued the university and Falwell “placed their students at severe physical risk.” They specifically singled out remarks from Falwell claiming that students were “overreacting” to the virus and comparing COVID-19 to the seasonal flu. They also highlighted Falwell’s claim that the virus and resulting shutdown were products of the media attempting to ruin President Trump’s reelection bid.
“Profiteering off a pandemic is wrong. Putting people in harm’s way is wrong,” attorney Matt Miller said.
The lawsuit was filed with the U.S. District Court for the Western District of Virginia by MichieHamlett Attorneys at Law, Matthew S. Miller LLC, and DiCello Levitt Gutzler.
Falwell has maintained that students did not get sick while at the university after the New York Times reported that dozens had fallen ill. He trashed the report, writing, “So despite the Times’ sensational headline and story lead, Liberty is only aware of three off campus student[s] who were sufficiently symptomatic to qualify for COVID-19 testing, two of which did not leave Lynchburg for Spring Break and one of which tested negative during Spring Break.”
Falwell threatened to sue the New York Times for its coverage of the campus.
In a statement to the Washington Examiner about the lawsuit, a Liberty University representative said: “Liberty University has tirelessly attempted to balance the needs of students, employees, and the community as it has navigated through the unprecedented health challenges presented by COVID-19. We have also taken into account the economic impact and legal rights of all the parties involved. While it’s not surprising that plaintiff class action attorneys would seek to profit from a public health crisis, we don’t believe this law firm or its single client speaks for the vast majority of our students.”
The representative continued: “Similar class-action suits are pending against other schools, and such claims will no doubt be made against other higher education institutions that changed how they operate and deliver services to students in the face of COVID-19. Liberty’s attorneys will defend against this lawsuit, which is without legal merit. Each of Liberty’s changes in operations and modes of delivery has been required by governmental officials, a fact the complaint omits. That fact legally excuses Liberty’s adjustments and leaves the plaintiffs without a legal case.”
Liberty University plans to uphold its promise to credit students with $1,000 for next semester. The representative stressed the school had continued to use aggressive sanitation practices and no student at Liberty had tested positive for the coronavirus. The university will file an official response to the allegations in court, but the representative noted that it will not be shared with the media in advance.
