Charleston law firms file class action suit against Mountain St - WOWK 13 Charleston, Huntington WV News, Weather, Sports

Charleston law firms file class action suit against Mountain State University

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By Andrea Lannom - email

  • Law

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Two Charleston law firms have filed a class action lawsuit against Mountain State University. 

The Webb Law Firm PLC and DiTrapano, Barrett & DiPiero PLLC filed the suit, which seeks class certification on behalf of all current and former students affected by the loss of accreditation.

The suit defined the class as "all West Virginia residents who were enrolled as students of Mountain State University at any time since July 10 2008, who have not yet received a degree as of the time of the filing of this complaint."

Excluded from the class are those who have filed individual lawsuits regarding the 2010 revocation of accreditation for MSU's undergraduate nursing program.

According to the Higher Learning Commission's public disclosure notice, the board of trustees of the HLC decided to withdraw accreditation effective Aug. 27. 

The HLC informed MSU of this decision July 9, and the decision was made public July 10, the suit states.

"Plaintiffs found out about MSU's accreditation being withdrawn by hearing it on the news."

However, in a news release issued earlier this week, Mountain State University officials stated they will "pursue a vigorous appeal" of the regional commission's decision, adding accreditation will not be withdrawn until the process is completed. 

The suit was filed against Mountain State University, former president Charles H. Polk and the university's board of trustees. 

According to the law firms' news release, plaintiffs seek compensatory and punitive damages for misrepresentation, loss of accreditation, consumer protection statutes, negligence, breach of contract and breach of duty of good faith and fair dealing.

"By choosing to attend MSU, plaintiffs and putative class members are saddled with considerable student loans and were banking on leaving the school with an accredited degree in hand," the suit states.

Plaintiffs assert they were misled when MSU officials told them the university was "in sound shape."

"Even after the HLC's decision to strip MSU of its accreditation, MSU's administrators have downplayed the severity of the situation to plaintiffs and other putative class members," the suit states.