SUNY Counsel Litigation Hold

Published May 29, 2020

Dear Deans, chairs, faculty and academic staff: 

I am writing regarding a complaint that was filed in the United States District Court, Southern District of New York on Monday, May 11, 2020.  This is aclass action lawsuit on behalf of all students who paid tuition and fees for the Spring 2020 academic semester at schools operated by the State University of New York (SUNY).  Plaintiffs allege that SUNY’s response to the COVID-19 pandemic caused plaintiffs to lose the benefit of the education and services for which they paid, without having their tuition and fees refunded to them.

This communication will serve as notice of the litigation against SUNY, and provides details about your obligation to preserve and to not destroy or delete any documents related to this case.

As legal counsel, we are respectfully directing you to take reasonable steps to preserve all documents within your possession, custody or control related to courses offered in the Spring 2020 semester, including computer-generated and stored information and materials such as computerized data, electronic mail, and audio and/or video recordings—including via Zoom and/or other electronic meeting venues, as well as any physical documents.  The preservation notice also applies to all social media, and to relevant documents on personal devices. 

Beyond preserving your documents related to courses offered in the Spring 2020 semester, nothing further is required from you at this time.  A series of  frequently asked questions is available here for your information.  Thank you for your immediate attention to this matter. 


James L. Jarvis, Jr.  
Associate Counsel
The State University of New York
University at Buffalo