Alec Faber, et al. v Cornell University

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT

Alec Faber, et al., v. Cornell University, Civil Action No. 3:20-cv-467

ATTENTION: ALL STUDENTS ENROLLED IN A DEGREE-BEARING PROGRAM AT CORNELL UNIVERSITY DURING THE SPRING 2020 SEMESTER

The United States District Court for the Northern District of New York has authorized this notice. It is not a solicitation from a lawyer. You are not being sued. If you have received notice of this lawsuit in the mail or by e-mail, you have been identified as a person who is or may be a member of the settlement class in this lawsuit, and the proposed settlement of this lawsuit, if approved, may affect your legal rights. You should read this notice carefully.

If you (1) were enrolled in a degree-bearing Cornell program for the Spring 2020 semester, and (2) were not enrolled in a program that, at the beginning of the Spring 2020 semester, was intended to be delivered as an online program, and (3) did not withdraw from the University on or before March 1, 2020, you are eligible to be part of the proposed settlement class (a “Settlement Class Member”) affected by this lawsuit.

The purpose of this notice is to inform you of a proposed Settlement relating to a class action lawsuit brought by Plaintiffs, students at the University during the Spring 2020 semester, against the University, on behalf of a putative class of students enrolled in a degree-bearing program for the Spring 2020 semester. The case is captioned Alec Faber, et al., v. Cornell University, Civil Action No. 3:20-cv-467 (the “Action”).

In this Action, Plaintiffs alleged the University breached a contract when it transitioned to virtual education in response to the COVID-19 pandemic. Plaintiffs also alleged that the University’s shift to virtual education gave rise to claims of unjust enrichment. Plaintiffs sought a partial refund of their tuition and fees for the Spring 2020 semester. The University denies any breach of contract and denies all other allegations of wrongdoing, and there has been no finding of liability in any court. However, considering the interests of both the University and its students in prompt resolution of the matter, the University has agreed to establish a Settlement Fund to resolve the Action.

The terms of the agreement are set forth in the proposed Settlement that must be approved by the Court. This notice includes information about the proposed Settlement, a final approval hearing scheduled by the Court, and the process for Settlement Class Members to be heard by the Court.

SUMMARY OF THE OPTIONS AND THE LEGAL EFFECT OF

EACH OPTION FOR SETTLEMENT CLASS MEMBERS

YOUR OPTIONS	INSTRUCTIONS	DUE DATE
DO NOTHING AND YOU WILL BE A SETTLEMENT CLASS MEMBER; AUTOMATICALLY RECEIVE A PAYMENT	You will be paid by a check issued by the Settlement Administrator to your last known mailing address on file with the University Registrar or as provided by you. You will first be provided a payment distribution email to be sent to your last known email address on file with the University Registrar, wherein you will be provided with a number of alternative payment options, such as PayPal or Venmo, and an option to donate your portion of the Settlement Fund to Cornell’s Student Access Fund.
EXCLUDE YOURSELF FROM THE PROPOSED SETTLEMENT	You can choose to “opt out” of the proposed Settlement. Opting out means that you choose not to participate in the proposed Settlement. It also means that you cannot object to the proposed Settlement since you will not be participating in the proposed Settlement (see below for more information). If you opt out, you will not receive a payment and you will keep any individual claims you may have against the University relating to the transition to virtual education in the Spring 2020 semester. For more detailed opt-out instructions, see Answer 11 below.	Postmarked no later than November 9, 2023.
OBJECT TO THE PROPOSED SETTLEMENT	You can file an objection with the Court explaining why you believe the Court should reject the proposed Settlement. If your objection is overruled by the Court and the proposed Settlement is approved, then you would be included in the Settlement Class. If the Court agrees with your objection, then the proposed Settlement may not be approved. If you choose to object, you cannot also opt out of the proposed Settlement, as only participating class members may object to a proposed Settlement. For more detailed objection instructions, see Answer 12 below.	Postmarked no later than November 9, 2023.