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Amended 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

AMENDED CLASS ACTION

COMPLAINT

DEMAND FOR JURY TRIAL

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

similarly situated, hereby brings 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. Higher education is no different than any other industry in as much as consumers 

(i.e., students) have the ability to shop between different educational products offered by 

competitive institutions before ultimately purchasing the product that is right for them.

2. Some colleges and universities offer an educational product that is taught fully 

online, while others offer an educational product taught in-person and on-campus, requiring 

physical attendance.

3. Baylor University offers both an on-campus product and an online product, which 

it markets, governs, and prices as separate and distinct commodities. 

4. There is no question that classroom learning on a physical campus—and all of the 

experiences that come with on-campus education—represents a more valuable product to the 

student than online learning, hence the premium it commands over the online product. Students 

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

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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.

5. Conversely, colleges and universities offering an online product (including 

Baylor) charge significantly less for that online product than for comparable on-campus 

programs.

6. Ms. King, a Baylor student, paid tuition and fees to enroll in Baylor’s on-campus 

program, including all the benefits and services associated therewith, until the spring of 2020, 

when that experience was taken away from students at Baylor. Ms. King also paid substantial 

sums under a meal plan contract with Defendant that entitled her to on-campus dining options, 

which were similarly not provided from March of 2020 forward.

7. 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, changed all regularly scheduled in-person classes to online classes 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. 

8. As a result, all on-campus classes, dining, and other services and amenities were 

no longer available to Baylor students. 

9. Despite the harsh reality that students could no longer enjoy the benefit of the 

bargain for which they pre-paid, Baylor refused to provide a prorated refund of fees tied to oncampus 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, and then refusing to issue appropriate refunds, Baylor did not take 

into account the difference in value between the online product the school delivered for the latter 

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half of that semester compared to the on-campus product that students were promised and paid 

for. 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. 

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

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

11. 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.

12. 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.

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

unfortunate and unprecedented. However, the students did not choose these circumstances, and 

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

the services for which they paid handsomely.

14. 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.

15. 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) were not provided the benefit, as well as a partial pro-rated tuition 

reimbursement representing the difference in fair value between the on-campus educational 

product for which they had paid, and the online educational product that they received.

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PARTIES

16. 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. 

17. 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, for a 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.

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

with its principal place of business in Waco, Texas. Baylor has been served and appeared 

through counsel. 

JURISDICTION AND VENUE

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

§ 1391(b)(1).

20. 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. 

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

business is within this district.

FACTUAL ALLEGATIONS

A. On-Campus Education

22. Many colleges and universities (including Baylor) offer fully online degree 

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programs at significantly lower cost than their on-campus programs.

23. Students who pay enormous sums to enroll in Baylor’s on-campus programs and 

classes do so because in-person 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 extracurricular activities. 

24. 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

25. 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 

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

26. 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, 

 

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). 

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). 

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and religious and service organizations.

5

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

28. When it did so, it forcibly removed Plaintiff and members of the Class from the 

in-person educational program for which they had paid, and moved them into a separate, distinct, 

and less valuable online program.

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

remote learning environment without access to campus facilities.

30. The difference in value between the competing products has been recognized for 

years among both academics, the business community, and the general population alike.

31. Several studies have shown that online learning is not as effective as traditional, 

in-person 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 online courses than in traditional courses.”9

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

 

5

https://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-weknow-about-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.

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.

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

33. 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

34. 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 receive entirely online instruction will have “limited labor market opportunities as 

long as these strong views persist among employers.”16

 

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/. 16 Id.

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

Outbreak

35. 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.

36. 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.

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

on March 17, 2020.

38. 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

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

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, 

 

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). 

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). 

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

unavailable, including those in the McLane Student Life Center.”20 Notably, the “significantly 

limited” dining options were only available to students who were allowed to return to campus 

because they were students “who have no other option than to be here,” as determined by an 

application created by Baylor.21 These “significantly limited” dining options were not available 

to Plaintiff and Class members, as those students were not able to return to campus. Furthermore, 

Baylor advised that all university activities, events, conferences, and large gatherings would be 

suspended through the end of the semester.22 

40. 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.23 The foregoing applies to all meal plans, including the Block Meal 

Plan.24 However, students are entitled to refunds of their meal plans, not credits. 

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

that it would not be refunding lab fees.25 

42. Baylor has also refused to refund any tuition,26 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. 

43. 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 

 

20 Id.

21 Id.

22 Id.

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

24 Id.

25 Id.

26 Id. 

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

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

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

those Fees specifically cover on-campus facilities and activities.

45. 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.

46. 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. 

47. 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.27 It is therefore unsurprising that over 10% of borrowers default on their 

loans.28 Even among borrowers who remain current on their payments, a 2019 survey found that 

student-debt 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.29

48. 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 

 

27 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 takehome pay on loans, CNBC (Aug. 8, 2019), https://www.cnbc.com/2019/08/08/student-debtholders-spend-20percent-of-their-take-home-pay-on-loans.html.

28 Id.

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

note 22.

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2020, pushing the unemployment rate up to 14.7% from 4.4% in March 2020.30 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 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. 

49. 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

50. Baylor offers both an in-person, hands-on curriculum, and a fully online program.

51. Ms. King and the putative Class Members paid for in-person classes and to 

otherwise receive an all-encompassing “life on-campus” experience. 

52. Although many of Baylor’s in-person and online programs overlap, Baylor 

charges significantly less for the corresponding online programs.

53. For example, a student seeking an MBA from Baylor through the traditional oncampus program would have been charged approximately $39,270 in tuition for full time 

attendance during the 2019-2020 academic year, based on 11 hours per term. This equates to a 

cost of $3,570 per term hour:31

 

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

31 https://www.baylor.edu/sfs/index.php?id=965634

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54. By contrast, the same student seeking the same degree through Baylor’s online 

program would have been charged just $1,068 per term hour, representing a 70% discount:32

55. Thus, when enrolling for on-campus classes, Ms. King and Class Members paid 

Baylor for, and Baylor in turn agreed to provide, benefits and services above and beyond basic 

academic instruction, which include but are not limited to:

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

b. Access to facilities such as computer labs, study rooms, laboratories, 

libraries, etc.;

c. Student governance and student unions;

d. Extra-curricular activities, groups, intramurals, etc.;

e. Student art, cultural, and other activities;

f. Exposure to community members of diverse backgrounds, cultures, and 

schools of thought;

 

32 Id.

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g. Social development and independence;

h. Hands-on learning and experimentation; and

i. Networking and mentorship opportunities.

56. 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.

57. 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 on-campus, in-person instruction. This has been borne out in Ms. King’s personal 

experience.

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

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

Classes were 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. 

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

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

tools. 

B. Fees

60. On top of tuition, Baylor required students enrolled in the on-campus program to 

pay a General Student Fee in the amount of $2,261.00 for the Spring 2020 semester.

33

61. Notably, Baylor does not charge this fee for students enrolled in the online 

program.

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

of $50.00 for one of her courses.

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

 

33https://web.archive.org/web/20190826052701/https:/www.baylor.edu/admissions/index.php?id

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

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students for two semesters.

64. 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. 

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

C. Meal Plan 

66. Students paid anywhere from $835.63 to $2,991.56 per semester for Baylor’s 

various meal plans.34

67. 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.

68. 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. 

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

Funds as a Result of Defendant’s Conduct

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

undergraduate degree is $24,000.00.35 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 $255.00.36

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

loans.37 Students with private loans had an average of $43,670 in private loan debt at 

graduation.38

71. 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 

 

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

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

2, 2020). 

36 Id.

37 Id.

38 Id.

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to refund any portion of the tuition, despite forcing students into an online learning program that

is not worth as much as Ms. King and Class Members paid under the assumption of an oncampus experience. 

72. 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.

73. 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.

74. 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

and (ii) a prorated tuition reimbursement to compensate for the difference in fair market value 

between the on-campus educational product for which they had paid, and the online educational 

product that they received. Ms. King seeks return of those amounts on behalf of herself and the 

Class Members as defined below.

CLASS ACTION ALLEGATIONS

75. 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 for on-campus 

instruction and/or (b) Fees and/or (c) meal plans (the “Class”).

76. 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 

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

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

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

78. The Class meets the criteria for certification under Rule 23(a), (b)(3), and (c)(4).

79. 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.39 Thus, there are likely 

thousands of Class Members.

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

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

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.

 

39https://www.baylor.edu/admissions/index.php?id=871978 (last accessed June 2, 2020). 

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81. 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. 

82. 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.

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

and 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.

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CAUSES OF ACTION

COUNT I

Breach of Contract

On behalf of Plaintiff and the Class

84. Ms. King and the Class Members repeat and allege paragraphs 1 through 83

above as if fully alleged herein.

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

Class.

86. 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 faceto-face academic instruction, along with a host of other educational services and extracurricular 

activities. These contracts are evidenced by the circumstances surrounding their formation, 

including the parties’ communications, conduct, and course of dealing. Pursuant to these 

contracts, Plaintiff and other Class Members also paid fees and some paid for meal plans.

87. It is evident in all respects that Baylor designed and understood its on-campus and 

online degree programs to be separate and distinct products.

88. Defendant’s website and recruitment brochures are the primary means through 

which Defendant targets prospective new students and attempts to influence such students to 

apply for enrollment at Baylor as opposed to other institutions of higher learning.

89. Through these publications, Defendant markets to and enrolls students into the

two separate and distinct products.

90. Defendant specifically markets certain classes and degree programs as being 

offered on a fully online basis.

91. Indeed, Defendant dedicates an entire section of its website to these programs, 

which can be accessed at www.baylor.edu/online.

92. Conversely, Defendant’s publications with respect to non-online classes are full 

of references to the on-campus experience, including numerous references to student activities; 

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campus amenities; class size and student/teacher ratios; campus diversity, campus location, and 

the like.

93. Just a few of among hundreds of representations on Baylor’s traditional program 

website include:

Baylor's commitment to excellence and a broad range of academic 

programs offer students the rich traditions and growth 

opportunities of a large university with the personalized 

experiences and community of a smaller one. Discover your 

calling at Baylor.40

Seeking to enrich the Baylor experience through life-changing 

programs and services resulting in an integrated education known 

for leadership, service, Christian faith, and the total development 

of students.41

With more than 17,000 students from 80+ different countries and 

all 50 states, our community represents a beautiful mosaic of ideas, 

experiences, cultures, and aspirations. Central to our mission is the 

ideal that we are on a transformational journey—one focused on 

the renewing of our mind, body, and soul.42

Throughout the year, students engage in enriching experiences 

designed to help them learn more about themselves, others, and the 

world in which they live. Traditional events such as Homecoming, 

All University Sing, StompFest, and Diadeloso serve as a 

centerpiece around which other programs and activities, most of 

which are student-led, occur. Central to these experiences is the

desire to a build a vibrant Christian community that cares deeply 

for and strives to bring out the best in one another. Investment in 

these experiences, and the students who plan them, fosters 

opportunities to develop leadership skills, lasting friendships, and a 

deep affinity to Baylor University.43

We can help you find a home at Baylor University. We hope your 

unique experience will include joining an organization, attending a 

campus event, enjoying a campus tradition, or simply visiting one 

of our historic buildings.44

 

40 https://www.baylor.edu/ (last accessed August 4, 2020).

41 https://www.baylor.edu/student_life/ (last accessed August 4, 2020).

42 https://www.baylor.edu/student_life/index.php?id=966336 (last accessed August 4, 2020).

43 Id.

44 https://www.baylor.edu/studentactivities/ (last accessed August 4, 2020).

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Baylor provides a vibrant campus community for more than 16,000 

students by blending interdisciplinary research with an 

international reputation for educational excellence and a faculty 

commitment to teaching and scholarship.45

Baylor University provides undergraduate students with a truly 

transformational education — one in which students develop their 

leadership potential, explore their faith and beliefs, increase their 

desire for wisdom, and prepare for service in a diverse and 

interconnected global society.46

At Baylor, undergraduate students become part of a dynamic 

community of accomplished, remarkably diverse men and women 

who come from all 50 states and more than 85 countries. Within 

this community, students are challenged and inspired to build 

community and fulfill their dreams of personal growth, 

professional achievement and faith-based service.47

At Baylor, learning is more than just what happens in the 

classroom. Our students’ educational experiences connect their 

academic and creative strengths to the surrounding world, 

providing experiential learning opportunities in the local 

community and beyond that help prepare them to become leaders 

who can resolve challenging problems in our state, nation, and 

world.48

Baylor will continue to provide transformative undergraduate 

experiences that combine unwavering Christian commitment, 

informed engagement, and academic excellence in a way that is 

unparalleled within higher education.49

To continue to provide the powerful learning experiences that have 

always been the cornerstone of a Baylor undergraduate experience, 

the University will increase the number and diverse nature of highimpact programs that foster transformational learning. 

Undergraduate research possibilities, internship offerings, study 

abroad experiences, and discipline-specific missions experiences 

 

45 https://www.baylor.edu/about/ (last accessed August 4, 2020).

46 https://www.baylor.edu/illuminate/index.php?id=951741 (last accessed August 4, 2020).

47 Id.

48 Id.

49 Id.

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integrate all of the factors that engage students in the 

transformative experiences that distinguish a Baylor education.50

The Baylor community is fully committed to nurturing an 

environment for knowing, being, and doing across the campus 

where people of all backgrounds can sharpen their intellect, 

broaden their worldviews, deepen their capacity for compassion, 

enliven their passion for learning, and expand their ability to 

experience and offer the grace and peace of Christ to each other 

and to the world.51

The Baylor campus is considered one of the most beautiful in the 

country.52

See what it’s like to sit in a classroom and learn from Baylor’s 

world-class faculty...Experience the action and excitement of a 

Baylor game day...Immerse yourself in our award-winning 

campus and explore our blend of modern and historic buildings.53

At Baylor, students are challenged to think beyond the classroom 

by actively participating in domestic and global research, engaging 

in study abroad opportunities, and utilizing the resources of the 

university to lay the groundwork for a successful future.54

With an average class size of just 26 students and a 13:1 studentto-faculty ratio, it's easy to develop a strong working relationship 

with each of your instructors.55

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.56

Once you get to Baylor, visitor or student, you become part of a 

community that is similar to a family setting. College should be a 

 

50 Id.

51 Id.

52 https://www.baylor.edu/about/index.php?id=88788 (last accessed August 4, 2020).

53 https://www.baylor.edu/admissions/whybaylor/ (last accessed August 4, 2020).

54 https://www.baylor.edu/admissions/index.php?id=924750 (last accessed August 4, 2020).

55 Id.

56 https://www.baylor.edu/admissions/index.php?id=924749 (last accessed August 4, 2020).

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place that you’re proud to call home because it’s going to be your 

second home for the next 4 years.57

You can get a good education at a lot of schools, but the 

community at Baylor really sets it apart. The friends, memories, 

and experiences you share during your time here will last you way 

beyond just 4 years.58

At Baylor, we seek to provide students with the opportunity to 

interact and dialogue with individuals from different backgrounds 

and with diverse experiences. By creating this "dialogue of 

difference" in our residential communities, organizations, activities 

and classrooms, we hope to prepare our students for meaningful 

engagement in a global society.59

94. Likewise, as course descriptions are published online and in the academic catalog, 

they are differentiated as being either in-person, online, or hybrid.

95. In addition to be separately marketed and delineated, these products are priced 

drastically differently, as described more fully above.

96. Those prospective students who were interested in enrolling at Baylor after 

consuming the marketing materials described above were invited to complete applications. 

97. Baylor utilizes different applications for its in-person vs. online programs and 

maintains different admissions requirements.

98. When a student is offered admission to Baylor, that student receives a number of 

further communications and has a number of additional interactions with Defendant.

99. After being offered admission but before accepting, prospective students are hit 

with a barrage of other letters and emails from Defendant, targeted on social media, and invited 

to attend an accepted students’ day, where over and again Defendant makes promises about 

Defendant’s educational experience in an effort to persuade the student to choose Defendant’s 

institution over all others.

100. When a student does accept the offer of admission and pay their enrollment 

 

57 Id.

58 Id.

59 https://www.baylor.edu/admissions/index.php?id=871978 (last accessed August 4, 2020).

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deposit, they are asked to attend a new student orientation program, where they are again 

bombarded with information and statistics about campus life, amenities, student organizations, 

and activities.

101. Once students make it through orientation [and for returning students], it comes 

time to register for classes. This is another area where Defendant specifically emphasizes the 

distinction between its in-person and online class offerings through the academic catalogs and 

course listings on the website.

102. When students log into their BearWeb portal to search for classes, they are given 

the option to filter between online only and all classes:60

103. If the student does not choose a filter, he or she will see a list of all classes.

104. In this view, the classes intended to be offered through an online-only medium are 

specifically designated as such on the registration portal, whereas in-person classes are listed not 

only by description, but also by meeting time and physical classroom location:

 

60 https://www1.baylor.edu/scheduleofclasses/ (last accessed August 4, 2020).

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105. As such, when registering for classes, students are specifically advised and aware 

of the instructional medium of the classes for which they are registering.

106. Once classes begin, students are subject to strict in-person physical attendance 

requirements as set forth in the Handbook.

107. That Defendant offered to provide, and Plaintiff and members of the Class 

expected to receive, instruction on a physical campus is further evidenced by the parties’ prior 

course of conduct.

108. 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.

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

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

and physical attendance requirements.

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

access to the full campus. 

111. 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.

112. 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. This is evident from 

the fact that the University had to extend Spring Break by a week while its professors hurriedly 

and ineffectively scrambled to make the switch. 

113. That Defendant marketed and treated the in-person, on-campus educational 

experience as a product separate and distinct from the online degree product is beyond dispute.

114. That Defendant recognized the inherent difference in value between the products 

is likewise evident, particularly in light of differing tuition rates charged for each.

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

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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 on-campus 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. 

116. 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. 

117. Specific to the fees, it is important to note that Baylor does not charge the 

“general student fee” to its students enrolled in the online program, a natural consequence of the 

fact that Baylor does not provide on-campus access and service to its non-general online 

students.

118. However, when Baylor forcibly moved all of its general students into the online 

program during the second half of the Spring 2020 semester, Baylor refused to refund the prorated portion of the general student fee, even though Baylor had prevented those students from 

participating in the general student population and mandated that they join the online student 

population.

119. Likewise, although the meal plans and dining dollar payments were credited, Ms. 

King and the Class Members are entitled to refunds. 

120. 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. Likewise, the common law doctrines of impossibility and frustration of 

purpose do not allow a breaching party to keep the money charged. Rather, they simply limit the 

remedies of specific performance and reliance damages, neither of which is claimed here. Thus, 

Baylor should have fully refunded the prorated portion of any unused fees and meal plans, as 

well as provided a refund for the difference in value of the education received for online classes. 

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

making all payments due for the Spring 2020 semester.

122. To the extent that Ms. King and Class Members had to signal assent to a 

“Financial Responsibility Agreement” when paying their Spring 2020 tuition and Fees, such 

document is not a contract as it lacks material terms such as price, quantity, quality, duration, or 

the work to be done. Accordingly, it does not supersede the implied contracts entered into by Ms. 

King and Class Members on the one hand, and Defendant on the other. To the extent the 

Financial Responsibility Agreement could be interpreted as a contract, Baylor breached that 

contract when it failed to provide the educational services that it represented it would provide

and then failed to provide refunds for the educational services it failed to provide.

123. 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

124. Plaintiff and the Class Members repeat and allege paragraphs 1 through 83 above 

as if fully alleged herein.

125. 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. 

126. 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. 

127. 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 

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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. 

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

Members are entitled to refunds. 

129. As a result of closing campus and moving classes online, Defendant saved 

significant sums of money in the way of reduced utility costs, reduced maintenance and staffing 

requirements, reduced or eliminated hours for hourly employees, reduced or eliminated hours for 

paid work study students, and otherwise.

130. Simply put, it is significantly cheaper to operate a remote, on-line campus than a 

fully open physical campus.

131. 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. 

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;

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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: August 10, 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

Joshua R. Levine*

Fla. Bar No. 91807

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

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

Anna Haac*

D.C. Bar No. 979449

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

Eric M. Poulin*

Roy T. Willey, IV*

ANASTOPOULO LAW FIRM, LLC

32 Ann Street

Charleston, SC 29403

Telephone: (843) 614-8888

Facsimile: (843) 494-5536

Email: eric@akimlawfirm.com

 roy@akimlawfirm.com

*Admitted Pro Hac Vice

Counsel for Plaintiff and the Proposed Class

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CERTIFICATE OF SERVICE

By my signature below, I hereby certify that I electronically filed the foregoing with the Clerk of 

Court using the Court’s Electronic Case Filing system which will send notification to all counsel 

of record.

/s/ Jeff Edwards

Jeff Edwards

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