000001/01260859_1 

Class Action Complaint

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

WACO DIVISION

ALLISON KING, on behalf of herself and all 

others similarly situated, 

Plaintiff,

v.

BAYLOR UNIVERSITY,

Defendant.

CASE NO. 6:20-cv-00504

CLASS ACTION COMPLAINT

DEMAND FOR JURY TRIAL

Plaintiff Allison King (“Ms. King” or “Plaintiff”), on behalf of herself and all others 

similarly situated, hereby bring this Class Action Complaint against Defendant Baylor University 

(“Baylor” or “Defendant”). Ms. King makes the following allegations based upon actual 

knowledge as to her own acts, and upon information and belief, including the investigation of her

attorneys, as to all other matters.

NATURE OF THE ACTION

1. There is no question that classroom learning—and all of the experiences that come 

with on-campus education—is more valuable to the student than online learning. Students pay—

and borrow—hundreds of thousands of dollars for the on-campus college experience because it 

provides the students the opportunity to engage directly with their professors, to meet and share 

experiences with diverse and accomplished individuals from around the world, to join student 

clubs, to build professional networks, and to experience the campus environment. Online learning 

offers none of these opportunities—and carries few of the massive expenses associated with live 

classroom learning. For these reasons, many students spend tens of thousands of dollars on private 

colleges and universities that afford the opportunity for in-person college education. 

2. Ms. King, a Baylor student, paid tuition and fees to attend Baylor, participated in 

Baylor’s meal plan, and took advantage of the full on-campus college experience until the spring 

of 2020, when that experience was taken away from students at Baylor. 

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3. In March 2020, in response to the outbreak of the SARS-CoV-2 virus, the virus that 

causes the COVID-19 disease (the “COVID-19 pandemic”), Baylor, like many other universities,

moved all learning online for the remainder of the Spring 2020 semester. Baylor cancelled athletic 

and other on-campus recreational events, cancelled students’ meal plans, and ordered students to 

refrain from going on campus. 

4. As a result, all on-campus classes, dining, and other services and amenities were no 

longer available to Baylor students. 

5. Despite the harsh reality that students could no longer learn on campus, Baylor

refused to provide a prorated refund of fees tied to on-campus services and amenities that were not 

available to students for a significant part of the Spring 2020 semester. In addition, by requiring 

students to pay (and many to borrow) full tuition for the Spring 2020 semester, Baylor did not take 

into account the difference in value between the college experience the school is now offering 

compared to what students were promised. Finally, although Baylor provided credits for unused 

meal plans and dining dollars, students are entitled to a refund and to use their money as they see 

fit. 

6. Accordingly, the students have lost the benefits of the bargain for services and 

education for which they paid but can no longer access or use.

7. While prorated refunds for tuition, meal plans, and fees charged for services not 

provided will not replace the lost on-campus experience, they would provide Ms. King and the 

putative Class Members with some financial relief as many students prepare to graduate into a 

depressed job market.

8. By not giving prorated refunds for tuition, meal plans, and fees charged for services 

not provided, Baylor breached its contracts with students and is alternatively unjustly enriched, as 

it will reap the consequential benefits of revenue while students are deprived of much needed cash.

9. It cannot be disputed that the circumstances underlying this legal action are 

unfortunate and unprecedented. However, the students did not choose this circumstance, and they 

certainly did not agree to pay for tuition and fees when learning remotely without the use of the 

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services for which they paid handsomely.

10. It is unfair and unlawful for Baylor to retain tuition and fees for services not being 

provided and to pass the losses on to the students.

11. Ms. King brings this class action for damages, restitution, and declaratory relief 

resulting from Baylor’s retention of the full tuition, meal plan, and fees paid by Ms. King and the 

other putative Class Members for services not being provided. Specifically, this lawsuit seeks 

disgorgement of the prorated, unused amounts of the meal plans, dining dollars, and fees that Ms. 

King and other putative Class Members paid, but for which they (or the students on behalf of 

whom they paid) will not be provided the benefit, as well as a partial tuition reimbursement to 

compensate for the diminished value of remote instruction along with the portion of the tuition 

that funds on-campus services, facilities, and extra-curricular activities that ceased when Baylor

closed the campus.

PARTIES

12. Ms. King is a citizen of Texas, residing in McAllen, Texas. She paid full tuition 

and fees for the Spring 2020 semester at Baylor. Ms. King was forced to move to exclusively 

online classes, refrain from visiting campus, and prevented from utilizing Baylor’s meal plan, 

among other services she paid for. 

13. Ms. King enrolled at Baylor for the Spring 2020 semester, which was scheduled to 

run from approximately January 13, 2020 through May 11, 2020. Ms. King has not had access to 

campus since March 8, 2020 because the university closed from March 9, 2020 to March 17, 2020 

for spring break, and after that, the campus was closed due to COVID-19. Ms. King paid tuition, 

meal plan that came with $150 in dining dollars, and fees for the Spring 2020 semester, the benefits 

of which she lost because Baylor closed the campus and cut off access to on-campus services, 

facilities, and extra-curricular activities.

14. Baylor is a private, not-for-profit university incorporated in the State of Texas with 

its principal place of business in Waco, Texas. Baylor may be served through its registered agent: 

CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, TX 75201.

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JURISDICTION AND VENUE

15. Venue is proper in this district because Baylor resides in this district. 28 U.S.C. 

§ 1391(b)(1).

16. The Court has original jurisdiction under the Class Action Fairness Act, 28 U.S.C. 

§ 1332(d)(2)(A), because the matter in controversy exceeds the sum or value of $5,000,000.00, 

exclusive of interests and costs, and is a class action in which one or more of the Class Members 

are citizens of a State different from the Baylor. 

17. This Court has personal jurisdiction over Baylor because its principal place of 

business is within this district.

FACTUAL ALLEGATIONS

A. On-Campus Education

18. Students who enroll in Baylor’s on-campus programs and classes do so because inperson education enhances and contributes to the overall educational experience. Students 

choosing an on-campus learning environment pay for the opportunity to have in-person classes 

featuring direct interaction with faculty and on-campus amenities and activities, including the 

dining hall, library, fitness center, pool, sporting events, and other extra-curricular activities. 

19. Baylor tells prospective students:

The Baylor college experience is special. We cultivate a rich campus life that will 

help you grow intellectually, spiritually and emotionally. Whether you’re enjoying 

Diadeloso (our campus-wide “Day of the Bear” celebration), taking some time to 

reflect in chapel or just hanging out over coffee, you’ll feel like a part of the Baylor 

family from the moment you set foot on Fountain Mall.1

20. Baylor invites prospective students to, “[e]xplore the picturesque Baylor Campus 

and learn more about our state-of-the-art facilities that blend historic beauty with innovative 

function.”2 It also boasts its exciting athletics program:

Baylor is a charter member of the powerful Big 12 Conference, which means 

students enjoy the excitement of Division I athletics and receive free tickets to all 

1 https://www.baylor.edu/admissions/index.php?id=924749 (last accessed on June 2, 2020). 

2 https://www.baylor.edu/admissions/whybaylor/index.php?id=968114 (last accessed on June 2, 

2020). 

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sporting events! Not quite at that level of play yourself? No worries. Baylor also 

offers competitive and recreational sports for all students through club and 

intramural groups.3

21. On-campus offerings include the McLane Student Life Center, a 156,000 sq. ft. 

multi-recreational facility that features the tallest free-standing climbing structure in Texas, an 

aquatics center, 3-tiered fitness facility, and four courts equipped to support basketball or 

volleyball.4 Baylor is home to over 330 student organizations, including academic and professional 

clubs, traditional Greek sororities and fraternities, honor societies, musical groups, and religious 

and service organizations.

5

22. Baylor made the decision to close its campus on or about March 16, 2020. 

23. Ms. King and other Baylor students did not pay for online-only courses in a fully 

remote learning environment without access to campus facilities.

24. Several studies have shown that online learning is not as effective as traditional, inperson instruction. For example, a study from the Community College Research Center which 

compared online and face-to-face course outcomes found that “failure and withdrawal rates were 

significantly higher for online courses than for face-to-face courses.”6 Those who completed the 

online courses received poorer grades than students who attended in person.7 The study concluded 

that “online courses may exacerbate already persistent achievement gaps between student 

subgroups.”8 Another study that compared outcomes for students in California community 

colleges also concluded that “in the short term, course by course, student outcomes are worse in 

3 https://www.baylor.edu/admissions/index.php?id=872004 (last accessed on June 2, 2020). 

4 https://www.baylor.edu/campusrec/index.php?id=931299 (last accessed on June 2, 2020). 

5https://www.baylor.edu/admissions/index.php?id=872294 (last accessed on June 2, 2020).

6 Community College Research Center, What We Know About Online Course Outcomes, Research 

Overview 2 (April 2013), https://ccrc.tc.columbia.edu/media/k2/attachments/what-we-knowabout-online-course-outcomes.pdf. 7 Id. at 3. Adding controls for student socioeconomic and educational characteristics increased the 

negative outcomes associated with online learning. See id. at 4.

8 Id. at 6.

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online courses than in traditional courses.”9

25. Faculty, academic leaders, employers, and the public remain skeptical about the 

value of online education.10 In 2013, a Gallup poll found that “Americans’ overall assessment of 

internet-based college programs is tepid at best.” The majority of Americans found internet-based 

college programs to be “only fair” or “poor.”11 

26. In ten national surveys of chief academic officers by the Babson Survey Research 

Group during the 2002-2015 period, no more than a third reported that their faculty “accept the 

value and legitimacy of online education.”12 In a 2012 survey of over 4,500 faculty, two thirds 

reported that learning outcomes for online courses are “inferior or somewhat inferior” when 

compared to face-to-face courses; with only 6% reporting outcomes for online instruction as 

“superior or somewhat superior.”13

27. The Chronicle of Higher Education has also found that online colleges ranked last 

in terms of “employer desirability of college type”; indeed, online programs were the only type of 

college found to be undesirable.14 And a 2013 study found that over half of employers prefer “a 

job applicant with a traditional degree from an average school over an applicant with an online 

degree from a top university (just 17 percent say they’d prefer the latter).”15 Thus, students who 

9 Hans Johnson and Marisol Cuellar Mejia, Online Learning and Student Outcomes in California’s 

Community Colleges, Public Policy Institute of California 1 (May 2014), 

https://www.ppic.org/content/pubs/report/R_514HJR.pdf. 10 I. Elaine Allen, et al., Online Report Card: Tracking Online Education in the United States, Babson Survey Research Group & Quahog Research Group, LLC 9 (Feb. 2016), 

https://onlinelearningsurvey.com/reports/onlinereportcard.pdf.

11 See Lydia Saad, et al., In U.S. Online Education Rates Best for Value and Opinions; Viewed as 

Weakest in Terms of Trusted Grading and Acceptance by Employers, Gallup (Oct. 15, 2013), 

https://news.gallup.com/poll/165425/online-education-rated-best-value-options.apx.

12 I. Elaine Allen, et al., supra note 14 at 6.

13 I. Elaine Allen, et al., Conflicted: Faculty and Online Education, 2012, Babson Survey Research 

Group & Inside Higher Ed (Feb. 2012), https://files.eric.ed.gov/fulltext/ED535214.pdf.

14 The Role of Higher Education in Career Development: Employer Perceptions, Chronicle of 

Higher Education (Dec. 2012),https://chronicleassets.s3.amazonaws.com/5/items/biz/pdf/Employers%20Survey.pdf.

15 Public Agenda, Not Yet Sold: What Employers and Community College Students Think About 

Online Education (Sept. 13, 2013), https://www.publicagenda.org/reports/not-yet-sold-what- employers-and-community-college-students-think-about-online-education/.

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receive entirely online instruction will have “limited labor market opportunities as long as these 

strong views persist among employers.”16

B. Baylor Orders Students Home and Closes Campus In Response to the COVID-19 

Outbreak

28. Before beginning the Spring 2020 semester at Baylor, Ms. King paid $21,421.00 to 

Baylor to cover her Spring 2020 semester tuition. Ms. King also paid a yearly General Student Fee 

in the amount of $2,261, a Course Lab Fee of $50.00 for one of her courses, and a Chapel Fee of 

$90.00. Finally, Ms. King paid $1,773.14 for her meal plan, along with another $150.00 of dining 

dollars for the Spring 2020 semester.

29. Spring 2020 semester classes at Baylor began on or about January 13, 2020, just 

like any other semester, with Ms. King attending classes in-person and on campus. Final exams 

for the semester were scheduled to end on or about May 11, 2020.

30. Baylor’s spring break began on or about March 9, 2020 and was supposed to end 

on March 17, 2020.

31. But on March 11, 2020, as a result of the COVID-19 pandemic, Baylor announced 

that spring break would be extended one week, through March 22, 2020, and that beginning on 

March 23, 2020, all on-campus classes would be moved online for the next two weeks, through 

April 3, 2020.17 On March 13, 2020, Baylor announced that all university activities, events, 

conferences and large gatherings were also suspended from March 16, 2020 through April 3, 

2020.18

32. On March 16, 2020, Baylor notified its students that it had made the decision to 

16 Id.

17 COVID-19 Extends Spring Break, Prepare for Online Instruction, available at 

https://www.baylor.edu/president/news.php?action=story&story=217915 (last accessed on June 

2, 2020). 

18Baylor COV-19 updates, plans for next 3 weeks, available at 

https://www.baylor.edu/president/news.php?action=story&story=217992 (last accessed on June 

2, 2020). 

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extend online instruction at Baylor for the remainder of the Spring 2020 semester.

19 In this 

communication, Baylor also advised that “dining options on campus will be significantly limited, 

primarily to grab-and-go options at one location, and recreational opportunities will be 

unavailable, including those in the McLane Student Life Center.”20 Furthermore, Baylor advised 

that all university activities, events, conferences, and large gatherings would be suspended through 

the end of the semester.21 

33. On or about March 30, 2020, Baylor made an announcement about refunds and 

announced that all meals plans would be prorated by the daily rate associated with the plan and 

students would be given a credit of that amount and that all unused dining dollars will roll forward 

to the next semester.22 The foregoing applies to all meal plans, including the Block Meal Plan.23

However, students are entitled to refunds of their meal plans, not credits. 

34. Baylor also announced that the General Student Fee would not be credited, and that 

it would not be refunding lab fees.24 

35. Baylor has also refused to refund any tuition,25 even though Ms. King and other 

Class Members paid tuition for an on-campus experience with in-person instruction and access to 

on-campus facilities.

36. The value of these services was severely diminished for the Spring 2020 semester. 

With academic instruction moved entirely online, Ms. King and other Baylor students were 

deprived of the benefits of on-campus learning, and Ms. King and other Class Members were 

deprived of the benefit of the bargain for which they paid.

37. Yet Baylor has refused to refund any portion of tuition, which students paid under 

19 Baylor to go online remainder of semester, Commencement postponed, available at 

https://www.baylor.edu/president/news.php?action=story&story=218018 (last accessed on June 

2, 2020). 

20 Id.

21 Id.

22 https://www.baylor.edu/coronavirus/index.php?id=967403 (last accessed on June 2, 2020).

23 Id.

24 Id.

25 Id. 

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the assumption of an on-campus experience, or proportional prorated amounts of Fees, even 

though those Fees specifically cover on-campus facilities and activities.

38. Baylor, a well-endowed, Christian-affiliated private university, apparently expects 

its students to shoulder the financial brunt of the COVID-19 pandemic alone, notwithstanding that 

students are the worst positioned to be able to do so.

39. Indeed, more than two thirds of students graduate college with student loan debt. 

Student loan debt has ballooned to nearly $1.56 trillion dollars, with the average student loan debt 

for the class of 2018 at $29,200. 

40. The average borrower must spend hundreds of dollars per month repaying student 

loans—averages range from $300 to nearly $600 across surveys—and many borrowers struggle to 

repay their loans.26 It is therefore unsurprising that over 10% of borrowers default on their loans.27

Even among borrowers who remain current on their payments, a 2019 survey found that studentdebt holders spent 20% of their take-home pay on their student loans—reducing the amount they 

can save for retirement, a down payment on a home, unexpected medical expenses, to care for 

elderly relatives, and other expenses and emergencies.28

41. Moreover, students graduating in 2020 will struggle as they face an abysmal job 

market, whether or not they took out loans to fund their education. On May 8, 2020, the United 

States Bureau of Labor Statistics reported that 20.5 million Americans lost their jobs in April 2020, 

pushing the unemployment rate up to 14.7% from 4.4% in March 2020.29 Students have already 

lost on campus jobs or in their college towns, as well as internships that help them build their 

resumes, due to the pandemic. Now they are preparing to enter a workforce at a time when tens of 

26 Nigel Ohiwaya, These five charts show how bad the student loan debt situation is, NBC News 

(April 24, 2019), https://www.nbcnews.com/news/us-news/student-loan-statistics-2019-n997836; 

see also Abigail Hess, Survey finds that student debt holders spend 20% of their take-home pay on 

loans, CNBC (Aug. 8, 2019), https://www.cnbc.com/2019/08/08/student-debt-holders-spend20percent-of-their-take-home-pay-on-loans.html.

27 Id.

28 Hess, Survey finds that student debt holders spend 20% of their take-home pay on loans, supra 

note 22.

29 https://www.bls.gov/news.release/empsit.nr0.htm (last accessed May 8, 2020).

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millions are filing for unemployment. The Class of 2020 is graduating into the worst job market 

in a generation, and there is no telling how long it will take for the country to recover. 

42. Yet there has been no indication that the federal government or private lenders will 

forgive student loans simply because student borrowers saw their educations disrupted by the 

pandemic and will likely struggle to pay off their student loans. And it would be manifestly unjust 

that students, including Ms. King, should have to shoulder this burden when they have not even 

received the benefit of the bargain for which they took out those loans in the first place.

A. Tuition

43. Baylor offers an in-person, hands-on curriculum. Ms. King and the putative Class 

Members paid for in-person classes and to otherwise receive an all-encompassing “life oncampus” experience. 

44. Thus, Ms. King and Class Members paid Baylor for, and Baylor in turn agreed to 

provide, services including: 

a. Face to face interaction with professors, mentors, and peers; 

b. Hands-on learning and experimentation; 

c. Networking and mentorship opportunities;

d. Access to on-campus facilities such as computer labs, libraries, study 

rooms, and laboratories;

e. Student government and student unions; 

f. Extra-curricular activities, groups, and intramurals; and

g. Student culture, student development, and other similar activities.

45. Ms. King and other Class Members paid tuition, the value of which has now been 

severely diminished, as well as Fees for the Spring 2020 semester.

46. As the research indicates, students who are forced to attend classes online, rather 

than in person, are unlikely to receive the same quality of education and experience as they would 

from online instruction. This has been borne out in Ms. King’s personal experience.

47. For example, Ms. King has found the lack of first-hand access to her instructors 

and advisors difficult as they are less accessible remotely than they were when she was on campus. 

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Classes have been canceled or shortened due to technical glitches. In addition, some professors 

would merely post assignments for students to complete on their own, rather than provide live 

instruction as they did in the past. 

48. Additionally, critical hands-on instructional experiences and interactions that 

complement pure lecture time were not replaced with similarly complementary remote learning 

tools. 

B. Fees

49. On top of tuition, Baylor required students to pay a General Student Fee in the 

amount of $2,261.00 for the Spring 2020 semester.

30

50. Ms. King, like many other students, also paid a Course or Lab Fee in the amount of 

$50.00 for one of her courses.

51. In addition, Ms. King paid a Chapel Fee of $90.00, that is required of all Baylor 

students for two semesters.

52. Baylor also provides other services for a fee including Parking Fee, Yearbook Fee, 

Student Life Center/Health Center Fee, Athletic Events Attendance Fee, and others. 

53. These required and optional fees are collectively referred to herein as the “Fees.”

C. Meal Plan 

54. Students paid anywhere from $850.69 to $3,037.03 per semester for Baylor’s 

various meal plans.31

55. Ms. King paid $1,773.14 for her selected Classic 10 Meal Plan along with another 

$150.00 in dining dollars for the Spring 2020 semester.

56. Given the closure of Baylor’s campus, Ms. King, and other students similarly 

situated, lost approximately half of the Spring 2020 semester’s on-campus classes, activities, and 

meals. 

30https://web.archive.org/web/20190826052701/https:/www.baylor.edu/admissions/index.php?id

=872111 (last accessed on June 2, 2020). 

31 https://www.baylor.edu/sfs/index.php?id=936925 (last accessed on June 2, 2020). 

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D. Students Are Experiencing Significant Losses, in Many Cases of Borrowed 

Funds as a Result of Defendant’s Conduct

57. At Baylor, the median federal loan debt among borrowers who completed their 

undergraduate degree is $24,000.00.32 The median monthly federal loan payment (if it were repaid 

over 10 years at 5.05% interest) for student federal loan borrowers who graduated from Baylor is 

$255.00.33

58. In addition, 14% of graduating students at Baylor University took out private 

loans.34 Students with private loans had an average of $43,670 in private loan debt at graduation.35

59. With the academic instruction entirely online, Ms. King and Class Members have 

been deprived of the benefits of on-campus learning as set forth above. Yet, Baylor has refused to 

refund any portion of the tuition, which is not worth as much as Ms. King and Class Members paid 

under the assumption of an on-campus experience. 

60. Ms. King and the putative Class Members are entitled to a refund and use of the 

money that they paid Baylor for on-campus instruction and on-campus experiences. Students could 

use that money to pay for expenses; to defray the costs of lost jobs or internships over the summer; 

or, for students who took out loans, to reduce their loan obligations.

61. Baylor has retained the value of the monies paid by Ms. King and the Class 

Members for tuition, Fees, and meal plans for the Spring 2020 semester, while failing to provide 

the services for which those monies were paid.

62. Through this lawsuit, Ms. King seeks for herself and the other Class Members: (i) 

Baylor’s disgorgement of the unused portion of all Fees, meal plans, and dining dollars for the 

Spring 2020 semester, proportionate to the amount of time that remained in the Spring 2020 

semester when classes moved online and corresponding campus services ceased being provided

32 https://www.usnews.com/best-colleges/baylor-university-6967/paying (last accessed on June 

2, 2020). 

33 Id.

34 Id.

35 Id.

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and (ii) a prorated tuition reimbursement to compensate for the diminished value of remote 

instruction and the portions of the tuition attributable to access on-campus facilities and extracurricular activities of which students are no longer receiving the benefit. Ms. King seeks return 

of those amounts on behalf of herself and the Class Members as defined below.

CLASS ACTION ALLEGATIONS

63. Ms. King brings this action on behalf of herself and the following class of persons 

pursuant to Federal Rule of Civil Procedure 23(b)(3):

All students who paid, or other persons who paid on a student’s behalf, Baylor any 

of the following costs for the Spring 2020 semester: (a) tuition and/or (b) Fees and/or 

(c) meal plans (the “Class”).

64. Excluded from the Class are Baylor, any entity in which Baylor has a controlling 

interest, and Baylor’s officers, directors, legal representatives, successors, subsidiaries, and 

assigns. Also excluded from the Class are any judicial officer presiding over this matter, members 

of their immediate family, and members of their judicial staff, and any Judge sitting in the presiding 

court system who may hear an appeal of any judgment entered.

65. Plaintiff reserves the right to amend or modify the Class definition with greater 

specificity or division after having had an opportunity to conduct discovery.

66. The Class meets the criteria for certification under Rule 23(a), (b)(2), (b)(3), and 

(c)(4).

67. Numerosity. The members of the Classes are so numerous that individual joinder 

of all Class Members is impracticable. Although the exact number of members of the Class is 

unknown to Ms. King at this time and can be ascertained only through appropriate discovery, 

Baylor’s website states that it has 17,204 students enrolled.36 Thus, there are likely thousands of 

Class Members.

68. Commonality and Predominance. This action involves common questions of 

law and fact that will drive the litigation and predominate over any questions affecting only 

36https://www.baylor.edu/admissions/index.php?id=871978 (last accessed June 2, 2020). 

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individual Class Members. Common questions include, but are not limited to:

a. Whether Baylor engaged in the conduct alleged herein;

b. Whether Baylor breached its contracts with Plaintiff and other Class 

Members by not refunding them a prorated amount of their tuition, Fees, and/or meal plan

dining dollars on account of the closure of Baylor’s campus in the Spring 2020 semester;

c. Whether Baylor was unjustly enriched by retaining fees and payments for 

meal plans of Plaintiff and other Class Members without providing the services that the 

Fees and meal plans were intended to cover;

d. Whether Baylor was unjustly enriched by not refunding Plaintiff and other 

Class Members a prorated amount of their tuition to account for the difference in value 

between online and in-person education;

e. Whether certification of the Class is appropriate under Rule 23; and 

f. The amount of damages incurred by Plaintiff and the Class Members.

69. Typicality. Plaintiff’s claims are typical of those of the other Class Members 

because Plaintiff and the Class Members each paid for certain costs associated with the Spring 

2020 semester at Baylor but were not provided the services that those costs were meant to cover. 

Plaintiff and other Class Members suffered damages – the loss of their tuition, Fees, and payments 

for meal plans paid – as a direct and proximate result of the wrongful conduct in which Baylor

engaged. Plaintiff’s claims arise from the same practices and course of conduct that gives rise to 

the other Class Members’ claims. 

70. Adequacy. Plaintiff is an adequate representative of the Class because her

interests are aligned, and do not conflict, with the interests of the other Class Members. Plaintiff 

has retained counsel who are experienced and competent in complex class action litigation, 

including consumer contract litigation. Plaintiff and her counsel intend to vigorously prosecute 

this action for the benefit of the Class as a whole. Class Members’ interests will be fairly and 

adequately protected by Plaintiff and her counsel.

71. Superiority. A class action is superior to any other available means for the fair and 

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efficient adjudication of this controversy, and no unusual difficulties are likely to be encountered 

in the management of this class action. The damages or other financial detriment suffered by 

Plaintiff and the other Class Members is relatively small compared to the burden and expense that 

would be required to individually litigate their claims against Baylor, making it impracticable for 

Class Members to individually seek redress for Baylor’s wrongful conduct. Even if Class Members 

could afford individual litigation, the court system could not. Individual litigation creates a 

potential for inconsistent or contradictory judgments and increases the delay and expense to all 

parties and the court system. By contrast, the class action device presents far fewer management 

difficulties and provides the benefits of a single adjudication, economies of scale, and 

comprehensive supervision by a single court.

CAUSES OF ACTION

COUNT I

Breach of Contract

On behalf of Plaintiff and the Class

72. Ms. King and the Class Members repeat and allege paragraphs 1 through 71 above 

as if fully alleged herein.

73. Ms. King brings this claim individually and on behalf of the other members of the 

Class.

74. Ms. King and other Class Members entered into contracts with Baylor, which 

provided that Ms. King and other Class Members would pay monies, and in exchange, Baylor

would provide access to an entirely on-campus education and experience, which includes face-toface academic instruction, along with a host of other educational services and extracurricular 

activities. Pursuant to these contracts, Plaintiff and other Class Members also paid the Fees paid 

for meal plans.

75. Each day for the weeks and months leading up to the closure of campus, students 

attended physical classrooms to receive in-person instruction, and Defendant provided such inperson instruction.

76. Likewise, Ms. King, and upon information and belief, most students were provided 

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with syllabi and other documents that referenced class meeting schedules, locations, and physical 

attendance requirements.

77. Each day for the weeks and months prior to announced closures students had access 

to the full campus. 

78. Accordingly, it is clear that Defendant offered to provide live in-person education 

and that Ms. King and the Class Members accepted that offer by paying tuition and attending 

classes in from the beginning of the Spring 2020 Semester until the campus closures.

79. In fact, it is clear that, prior to the COVID-19 interruption, Defendant had no plans 

whatsoever to offer its in-person classes via an online delivery model. 

80. Ms. King and other Class Members indicated their assent to the on-campus college 

experience and fulfilled their end of the bargain when they paid the monies due and owing for the 

Spring 2020 semester. Baylor did not. Specifically, Baylor failed to provide the agreed-upon oncampus classes and services for which the tuition, Fees, and meal plan payments were paid for the 

entire Spring 2020 semester. Accordingly, Baylor breached its contract(s) with Ms. King and other 

Class Members, entitling Ms. King and Class Members to reimbursement of the monies paid for 

the unused days of on-campus classes and services not received. 

81. Baylor retained monies paid by Ms. King and other Class Members for the Spring 

2020 semester for on-campus classes and other services for which the tuition, Fees, and meal plan

were paid without providing them the benefit of their bargain. 

82. Although the meal plans and dining dollar payments were credited, Ms. King and 

the Class Members are entitled to refunds. 

83. Baylor’s performance under the contracts are not excused because of the COVID19 pandemic: the relevant contracts provide no such terms excusing performance given nationwide 

pandemics. Thus, Baylor should have fully refunded the prorated portion of any unused fees and 

meal plans, as well as provided a refund for the diminution in value of the education received for 

online classes. 

84. Ms. King and other Class Members performed their end of the contract by paying 

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000001/01260859_1 17

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making all payments due for the Spring 2020 semester. 

85. As a result of Baylor’s breach of contract, Ms. King and the other Class Members 

were damaged financially in that they have been deprived of the benefit of their bargain, as 

described herein and in amounts to be proven at trial.

COUNT II

Unjust Enrichment

(In the alternative)

On behalf of Plaintiff and the Class

86. Plaintiff and the Class Members repeat and allege paragraphs 1 through 71 above 

as if fully alleged herein.

87. Ms. King brings this claim individually and on behalf of the other members of the 

Class and in the alternative to the breach of contract claim brought on behalf of Ms. King and the 

other members of the Class. 

88. Ms. King and other Class Members conferred substantial monetary benefits on 

Baylor by paying their tuition, Fees, and paying for meal plans and dining dollars for the Spring 

2020 semester. 

89. Baylor has accepted and retained those benefits at the expense of Ms. King and 

other Class Members, without providing the services for which such payments were made. As to 

the on-campus services and activities covered by the Fees and meal plan payments, zero benefit 

was provided during the weeks in the Spring 2020 semester covering closure of Baylor’s 

campuses. The tuition benefits were also diminished when students were forced to switch 

exclusively to online classes. 

90. Although the meal plan payments were credited, Ms. King and the Class Members 

are entitled to refunds. 

91. Baylor has been unjustly enriched by retaining the monies paid by Ms. King and 

other Class Members for the Spring 2020 semester for services not provided or diminished by the 

campus closure. Equity requires Baylor to return prorated amounts for tuition, Fees, and meal plan 

payments paid by Ms. King and other Class Members as described herein and to be proven at trial. 

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PRAYER FOR RELIEF

Plaintiff, on behalf of herself and all others similarly situated, requests that the Court enter 

judgment as follows:

a. Enter an Order determining at the earliest possible time that this matter may 

proceed as a class action under Rule 23 and certifying this case as such;

b. Declaring Baylor’s policies in failing to pay refunds to be in breach of its contracts 

with students;

c. For herself and each Class Member, his or her actual compensatory damages in an 

amount to be proven at trial;

d. Equitable disgorgement and restitution in an amount to be proven at trial;

e. Reasonable attorneys’ fees and costs of suit;

f. Pre-judgment interest; and

g. Such other and further relief as this Court deems reasonable and just.

PLAINTIFF DEMANDS A TRIAL BY JURY 

ON ALL CLAIMS AND ISSUES SO TRIABLE.

DATED: June 5, 2020 Respectfully submitted,

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Edwards Law

The Haehnel Building

1101 East 11th Street

Austin, Texas 78702

Tel. 512-623-7727

Fax. 512-623-7729 

By: /s/ Michael Singley

Jeff Edwards

Texas Bar No. 24014406

jeff@edwards-law.com

Scott Medlock

Tex. Bar No. 24044783 

Michael Singley

mike@edwards-law.com

Tex. Bar No. 00794642

David James

david@edwards-law.com

Tex. Bar No. 24092572

Jeff Ostrow

Fla. Bar No. 121452

(pro hac vice to be filed)

Joshua R. Levine 

Fla. Bar No. 91807

(pro hac vice to be filed)

KOPELOWITZ OSTROW 

FERGUSON WEISELBERG GILBERT

1 West Las Olas Blvd. Suite 500

Fort Lauderdale, FL 33301

Telephone: (954) 525-4100

Facsimile: (954) 525-4300

Email: ostrow@kolawyers.com

levine@kolawyers.com

Daniel L. Warshaw

Cal. Bar No. 185365

(pro hac vice to be filed)

PEARSON, SIMON & WARSHAW, LLP

15165 Ventura Boulevard, Suite 400

Sherman Oaks, CA 91403

Telephone: (818) 788-8300

Facsimile: (818) 788-8104

Email: dwarshaw@pswlaw.com

Hassan A. Zavareei

Cal. Bar No. 181547

D.C. Bar. No. 456161

(pro hac vice to be filed)

Anna Haac 

D.C. Bar No. 979449

(pro hac vice to be filed)

TYCKO & ZAVAREEI LLP

1828 L Street NW, Suite 1000

Washington, D.C. 20036

Telephone: (202) 973-0900

Facsimile: (202) 973-0950

Email: hzavareei@tzlegal.com

ahaac@tzlegal.com

Counsel for Plaintiff and the Proposed Class

Case 6:20-cv-00504-ADA Document 1 Filed 06/05/20 Page 19 of 19