A former Southern Methodist University football player is suing the school for not reimbursing student tuition for the pandemic-forced shift to online classes in Spring 2020, according to a lawsuit filed in Dallas County district court.
Luke Hogan, a graduate student who was a kicker on SMU’s football team last season, is the only named plaintiff in the lawsuit that seeks class-action status.
The lawsuit, filed on Aug. 12, alleges SMU was in breach of contract, and seeks unspecified monetary and punitive damages.
“Defendants were unable to provide in-person educational experiences, services,, and opportunities for approximately 59% of the Spring 2020 semester,” the lawsuit alleges. “Prior to the suspension of in-person classes for the Spring 2020 semester, Plaintiff Luke Hogan attended campus events and was involved in student activities and/or clubs.
Apple removed the game, which Epic says has over 350 million users across all platforms, due to a violation of an App Store policy.
“As a result of Defendants’ closure, Defendants have not complied with their obligation to provide in-person educational services along with other experiences, opportunities, and services Plaintiff and the Class paid for.”
Hogan has a year left of eligibility, but was not listed on SMU’s active roster on the athletics website.
SMU, a member of the American Athletic Conference, is slated to play a 12-game regular season in 2020.
Hogan’s lawyers and SMU did not immediately respond to inquiries about the lawsuit.
Dallas NBC affiliate KXAS-TV was the first outlet to report on the lawsuit.
