Trending
PHILIPPI -- Two class action complaints have been filed against Alderson Broaddus University, on behalf of students and faculty at the school.
The complaints were filed Aug. 8 in Kanawha County Circuit Court in Charleston. The defendants in both complaints are listed as Alderson Broaddus University and James Garvin, chair of the AB Board of Trustees and Governors.
The plaintiff in the complaint concerning AB students is identified as "Alexandria Herron, on behalf of herself and all others similarly situated." The complaint states that Herron is a resident of West Virginia, and was scheduled to begin her last semester as a student at AB on Aug. 21.
In the complaint concerning AB faculty and staff, the plaintiff is listed as "Samantha Danielle Croston, on behalf of herself and all others similarly situated." Croston is described in the complaint as an employee of AB at the school's campus in Philippi.
Earlier this month, the West Virginia Higher Education Policy Commission voted to revoke Alderson Broaddus' authorization to confer degrees in the state.
The order prevents Alderson Broaddus from conferring any degrees after Dec. 31, and the university is prohibited from enrolling any more students .
Later that week, the Higher Learning Commission announced that "Alderson Broaddus University in Philippi, West Virginia, voluntarily resigned its accreditation with the Higher Learning Commission, effective Dec.31, 2023, due to its upcoming closure."
The two class action complaints include claims of fraud, misrepresentation and breach of contract.
"Defendants knew, or should have known, they could not provide such degrees well prior to Aug. 1, 2023," the complaints claim, adding the defendants either "failed to secure the necessary funding to provide such degrees," or "mismanaged funding to provide such degrees," or "knew they did not have funding to provide such degrees ... or to continue operations."
The complaints also claim the defendants "rejected compensation from public and private sources that could have permitted AB to remain in operation and satisfy the promises made to" students.
AB "continued to charge" students, "recruit" students, "solicit" students and "assist with the completion of financial aid to (students) despite knowing they would have no accreditation, or would be shutting down," the complaints claim.
The complaints allege that, on Nov. 1, 2022, AB "promised faculty that" the school "would provide faculty '90-Day Notice' of shut down to all faculty time to apply for other jobs."
The complaints quote from a Nov. 1, 2022 AB memo to school faculty and staff that states, "If it would ever become necessary to discontinue operations, everyone will receive at least 90 days' notice and arrangements will be made for students to complete their degrees."
The complaints also allege that AB officials "continue(d) to solicit and recruit students. Many of the students were solicited to transfer from other schools or other programs to AB after Nov. 1, 2022, when (AB officials) knew or should have known shut down was forthcoming."
According to the complaints, AB officials told students they "would have better chances of getting into AB's graduate programs if (the students) completed undergraduate studies at AB ... despite knowing that such degrees could not be provided due to extreme financial troubles, mismanagement, overspending and misrepresentations to staff, faculty and students."
The complaints are seeking compensatory and punitive damages.
The attorneys representing the plaintiffs are Anthony J. Majestro, of the Powell & Majestro law firm, and D. Adrian Hoosier II, of the Hoosier Law Firm. Both law firms are based in Charleston.