The Pennsylvania College of Technology’s board of directors voted this week to settle a $1.85 million class action suit related to the COVID-19 shutdown during the Spring 2020 semester at the college.

The Court of Common Pleas of Lycoming County, which was assigned to the case, must now approve any settlement.

Following a vote in favor of settling, the board issued a statement detailing why they had decided to resolve their “nearly five-year challenge.”

“After evaluating all options and following the lead of many other colleges and universities, the College has determined that it is in the best interests of the institution to settle the lawsuit in order to avoid the significant time and expense in defending these claims,” the board stated.

According to court records, plaintiffs Michael James Lawson Jr. and his mother Tara Lawson filed a class action complaint in Philadelphia County on Oct. 12, 2020, seeking reimbursement of money paid to Penn College for tuition, room, board and other purposes. The case was then transferred to Lycoming County following a challenge by the college.

The essence of the complaint is that the college switched from in-person learning in response to the pandemic but did not “fully refund sums of money that students paid for in-person lessons, meals, room and board and activities” for the semester.

Michael Lawson Jr., claimed that he attended Penn College’s on-campus program, paid tuition and fees for the Spring 2020 semester and was subsequently provided “in-person and on-campus educational services and opportunities” at Penn College, according to the court filing.

Lawson claimed that once the college shut down, he “no longer had the ability to access campus facilities, in-person classes or activities” and that Penn College “refused to refund any of his tuition or fees.”

In their response the college said, “In March 2020, Pennsylvania’s governor issued a COVID-19 shutdown order, requiring Pennsylvania College of Technology to transition to online learning for the second half of the Spring 2020 semester. During this unexpected transition, faculty and staff went above and beyond–demonstrating innovation, creativity and extraordinary commitment to our students and community. Penn College is a national leader in preparing students for essential, sustainable careers in the applied technology and healthcare areas, and we appealed to remain open; however, petitions to remain open were denied.”

“When the governor lifted the shutdown order, Penn College immediately reopened and safely welcomed students back to campus. However, like hundreds of other colleges and universities, Penn College faces a class action lawsuit for pivoting to remote instruction during the required shutdown mandate,” the college stated.

There were more than 4,200 on-campus students enrolled at Penn College at the time of the shutdown, court records stated. The plaintiffs argued that “an in-person learning experience is a key component” of the college’s marketing and that “in-person learning is particularly important” to the college’s mission of “offering opportunities for technology-based, hands-on education and workforce development.”

In their statement, the college said, “To be clear, the College did what was best for students, mission, and team and acknowledges no wrongdoing whatsoever.”

“As part of the settlement, the College expects that a large portion of the settlement fund will go directly back to the students who paid tuition and fees during Spring 2020. Over the next few months, assuming the court preliminarily approves the settlement, students enrolled at the college for the Spring 2020 semester will receive notice regarding their legal rights with respect to the settlement,” the statement concluded.

The college is offering no other comments until the matter is “fully resolved.”

A class action lawsuit is intended to serve the interest of “judicial administration and justice by providing a means by which claims of many individuals can be resolved at the same time, thereby eliminating repetitious litigation and giving small claimants a means of redress for claims to small to merit individual litigation,” according to court records.

According to the ruling by Judge Eric R. Linhardt,on Feb. 4, the court granted class certification for the lawsuit with Michael James Lawson Jr. appointed as Class Representative.

The following classes are certified: all students enrolled in in-person classes at the college who paid or were obliged to pay tuition for the Spring 2020 semester; and all students enrolled in in-person classes at the college who paid or were obliged to pay fees for that semester.