By Ella Prieto, Editor-in-Chief
On Mar. 13 2024, former Gettysburg College student Michael Vigliano filed a class action Complaint in the United States District Court for the Middle District of Pennsylvania. The complaint alleges that Vigliano and class members are entitled to a tuition refund due to the College moving classes online at the beginning of Mar. 2020. Vigliano was part of the 2023 graduating class before transferring to Shippensburg University following his junior year at Gettysburg.
The Complaint further states that “Named Plaintiff [Vigliano] and all other Gettysburg students who paid tuition for the Spring 2020 semester had an implied contract with Gettysburg that entitled them to in-person instruction, and that by switching to remote education in response to the pandemic, Gettysburg breached that implied contract.” Vigliano sought damages, including the prorated portion of the tuition paid for the Spring 2020 semester during which Gettysburg discontinued in-person classes and closed certain facilities.
The “class” included in the complaint qualifies “All Gettysburg College students who satisfied their payment obligations for the Spring 2020 semester and who were enrolled in at least one in-person on-campus class.”
The College filed its Answer and Affirmative Defenses on May 28 2024, with the case then being referred to Magistrate Judge William I. Arbuckle for purposes of conducting a settlement conference. The two parties exchanged information and had two separate settlement conferences with Arbuckle. One on Aug. 15 2024, and one on Nov. 13 2024, with the latter having the parties reach a settlement, with further negotiations in the following weeks.
In the Settlement Agreement, Vigliano and his counsel stated that the claims made in the Action have merit, but the College had enough legal and factual defenses to impede any trial or appeal. This, along with the costs, risks and delays of continuing the lawsuit, led to the Settlement. The College continues to deny all allegations of wrongdoing and any wrongful act or violation of law or duty alleged in the Action. However, due to the uncertainty and risks inherent in a trial, the College decided to enter into the current Settlement.
The terms laid out in negotiations include the College paying $735,000 into a Settlement Fund and providing the option to receive one complimentary registration for one Gettysburg Reunion Weekend per student. While the Court has preliminarily approved the proposed Settlement, the distribution of payments will occur only if the Court grants final approval. The proposed date on which dispersal of money will begin stands as Jul. 17 2025.
Those entitled to receive payment and the complimentary registration are “undergraduate students enrolled at Gettysburg College during the Spring 2020 semester, have satisfied your tuition payment obligation, and were registered for at least one in-person class for the Spring 2020 semester”. Letters and emails have been sent to many alumni already, detailing the lawsuit and how they can receive payment.
“Many colleges, including Gettysburg College, have been part of these lawsuits over the past few years on this topic,” explained Chief Communications and Marketing Officer Jamie Yates. “While the College denies any wrongdoing as it was committed to providing the best educational experience possible during the challenging months of COVID, it agreed to resolve the matter in the interest of both students and the institution.”
Other colleges also involved in Covid Settlements include Lafayette College, Lehigh University, DeSales University and Bucknell University. The institutions had similar lawsuits and agreements as Gettysburg, denying any wrongdoing but wanting to put the matter to rest.
Vigliano has not responded to a request for comments.
Gettysburg students part of the class in the lawsuit responded in conflicting ways, expressing how while they appreciated the settlement, they did not know what the College could have realistically done differently.
“…For what it is worth, while I believe Gettysburg College made some mistakes and misjudgments in their handling of the pandemic, I also believe that they made a sincere attempt to do the best they could with the information available to them,” said Eric Lippe ’24. “I also believe that their settlement of this suit, while not any kind of admission of wrongdoing, does speak to the college’s willingness to move past the pandemic era.”
