UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO

The Court directed that this Notice be provided because you have a right to know about a proposed Settlement that has been reached in this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the payments permitted under the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to receive them.

The Court in charge of this case is Judge Timothy S. Black, United State District Judge, Southern District of Ohio. The case is known as Ximena Miranda, et al. v. Xavier University, Case No. 1:20-CV-539. The person who filed the Lawsuit is called the plaintiff and the entity she sued, Xavier University, is called the Defendant.

This class action arises out of Xavier University’s response to the COVID-19 pandemic. In the Spring and Summer of 2020, Xavier University moved all of its in-person instructed classes in the College of Nursing’s Accelerated Bachelor of Science in Nursing Program to online instruction in an effort to mitigate the spread of COVID-19. Plaintiff Ximena Miranda filed suit, alleging that Xavier’s failure to provide in-person clinical education was unlawful causing her harm in the form of diminishing the value of her education and failing to provide her the in-person instruction that she paid for.

Xavier denies each and all of the claims and contentions alleged against it in the Litigation. Xavier denies all charges of wrongdoing or liability as alleged, or which could be alleged, in the Litigation.

In a class action, one or more people called the plaintiff(s) or class representative(s) sue on behalf of people who have similar claims. Together, all these people are called a class or class members. One court and one judge resolves the issues for all class members.

The Court did not decide in favor of the Plaintiff or Defendant. Instead, the Plaintiff negotiated a settlement with Defendant that allows both the Plaintiff and Defendant to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Class Members to obtain payment without further delay. The Plaintiff and her attorneys think the Settlement is best for all Class Members. This Settlement does not mean that Defendant did anything wrong.

 The Class includes all persons identified on the Xavier Class List who were enrolled as a student in Xavier University’s College of Nursing Accelerated Bachelor of Science in Nursing Program in any city in Ohio who paid tuition and fees to Xavier during the Spring 2020 and Summer 2020.

Yes. The Class specifically excludes: (1) the judge and court personnel overseeing this Litigation; (2) the Defendant, its subsidiaries, successors, predecessors, and any entity in which the Defendant has a controlling interest and its current or former officers, directors, and employees; and (3) Class Members who submit a valid Request for Exclusion on or before the Opt-Out Deadline.

Xavier shall fund a Settlement Fund in the amount of $750,000 to pay for the costs for notice and claims administration, attorneys’ fees and costs, service award and Class Member payments (described below).

• Class Members will receive Settlement Payments from the Settlement Fund based on a pro rata distribution of the Settlement Fund after payment of any Fee Award and Expenses, Notice and Administration Expenses, and a Service Award. Class Members who receive a Settlement Payment will receive payment based on whether they were enrolled in the Spring 2020 classes, the Summer 2020 classes, or both Spring and Summer 2020 classes. 

• If it is economically feasible, the Settlement Administrator will conduct a second round of distribution of Settlement Payments to Class Members if a sufficient number fail to deposit the payments received during the first round of distribution.

Upon expiration of any checks that have been mailed to Class Members but have not been cashed, 100% of the remaining unclaimed funds after the final round of pro rata distribution will be donated, subject to Court approval, to TriHealth/Good Samaritan School of Nursing subject to Court approval.

All Class Members will receive a Settlement Payment unless they opt-out of the Settlement or are otherwise excluded from the Settlement.

To receive a Settlement Payment, you do not need to do anything. The payments will be dispersed via check to all Class Members who are eligible to receive benefits under the Settlement who do not choose to opt-out of class treatment under the Settlement.

The Court will hold a Final Approval Hearing at 11:00 a.m. on October 3, 2023 to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably and resolving them can take time. Please be patient.

If the Settlement becomes final, you will give up your right to sue Xavier University for the claims being resolved by this Settlement. The specific claims you are giving up against Xavier are described in the Settlement Agreement. You will be “releasing” Xavier and all related people or entities as described in Settlement Agreement, available in the ‘Documents’ section of this website.

The Settlement Agreement describes the Released Claims with specific descriptions, so please read it carefully. If you have any questions about what this means you may talk to Class Counsel for free or you may, of course, talk to your own lawyer at your own expense. 

If you want to opt out or be excluded from the Settlement, you must take certain steps to do so. See the “Excluding Yourself from the Settlement” section of this website for more information.

Yes. The Court appointed the following attorneys to represent you and other Class Members: Terence R. Coates, Dylan J. Gould, Justin. C. Walker, and W.B. Markovits of Markovits, Stock & DeMarco, LLC; and Joseph M. Lyon of The Lyon Firm 

These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will seek a combined award of attorneys’ fees and expenses in an amount not to exceed 33.33% (or $250,000) and reimbursement of litigation expenses not to exceed $13,000 from the Settlement Fund. Class Counsel may make an application for an order from the Court awarding $5,000 as a Service Award to Plaintiff Ximena Miranda.