It Appears COVID Vaccines Will Be Required at Numerous Colleges

As colleges and universities prepare to resume in-person classes, there has been a significant uptick in COVID cases. The virus has spread rapidly in dormitories, affecting thousands of students and staff, and often spilling over into surrounding communities. Since the pandemic began, over 530,000 COVID cases have been traced back to college campuses.

In the past, institutions depended on masks, social distancing, and hygiene practices to curb the virus’s spread. However, with the advent of vaccines—proven to be effective—the focus has shifted. Many colleges are now mandating that students receive a COVID vaccine before returning to campus in the fall.

Rutgers University in New Jersey was the pioneer in requiring students to be vaccinated. Antonio Perez, who heads Rutgers’ COVID-19 task force, stated, “We believe that merely encouraging vaccination would not yield the same results as making it mandatory.” Following Rutgers’ lead, several other institutions, including Duke University and the University of Notre Dame, have implemented similar requirements.

Mandatory vaccinations are not a new concept—many colleges already require certain immunizations for enrollment. A survey of approximately 100 U.S. colleges revealed that nearly all of them mandate at least one vaccination, with the MMR vaccine being most common. In fact, two decades ago, I was unable to enroll in college without proof of a meningitis vaccination.

The Debate Over Emergency Use Authorization

Critics highlight that the COVID vaccines are currently under FDA Emergency Use Authorization (EUA), raising concerns about the legality of mandating them. Legal experts acknowledge that this creates ambiguity, but courts have generally upheld vaccine mandates. Harvard Law professor Mark Johnson asserts that there are no legal barriers preventing colleges from requiring COVID-19 vaccinations, regardless of their EUA status. He points out that colleges already mandate COVID testing, which also falls under EUA. The American Council on Education has indicated that the legal right for institutions to enforce vaccination requirements seems likely to be upheld as vaccine availability expands. Moreover, full FDA approval for the vaccines may be imminent, potentially rendering the critics’ concerns irrelevant.

Exemptions for Medical and Religious Reasons

Even at institutions such as Rutgers that have instituted vaccination requirements, provisions for medical and religious exemptions exist. Federal law mandates medical exemptions, and many schools also provide options for religious exemptions. “Forty-five states still allow for religious exemptions,” says Claire Thompson, a law professor at Stanford University. However, California and New York have eliminated these exemptions in recent years.

Past court decisions have supported colleges’ rights to decline religious exemptions, but this may change with the current conservative composition of the U.S. Supreme Court, as noted by legal expert Sarah Lee from UC Hastings College of the Law.

Logistical Challenges

The logistics of vaccinating students present various challenges. A primary concern involves international students who may not have access to approved vaccines in their home countries. However, many colleges have established robust testing protocols that could be adapted for vaccination processes. The real issue lies in the delay between vaccination and full immunity. Students arriving in the U.S. and receiving vaccinations may not be fully protected for several weeks, prompting colleges to consider their responsibilities during this waiting period. Professor Thompson mentions that institutions like Rutgers are still figuring out how to navigate this issue.

Colleges must also address vaccine hesitancy in BIPOC communities, which may harbor distrust due to historical mistreatment and ongoing disparities in vaccine access. “Colleges need to proactively plan for how to tackle this situation,” warns community leader David Wang.

Alternatives to Mandates

In lieu of strict vaccination requirements, some colleges are opting for incentives. For instance, the University of California, San Diego will exempt vaccinated students and faculty from weekly asymptomatic testing, while Dickinson State University in North Dakota will lift mask mandates for those who are fully vaccinated.

Ultimately, the objective is straightforward: to create safe classrooms and communities, facilitating a return to campus life for all. Vaccination is key to achieving that goal.

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Summary

As colleges prepare for the upcoming academic year, many are implementing COVID vaccination mandates to ensure student safety. While some critics raise concerns about the legality of these mandates due to the vaccines being under Emergency Use Authorization, legal experts suggest that such requirements are likely to be upheld. Institutions are also considering exemptions for medical and religious reasons, along with logistical challenges related to international students and vaccine hesitancy. Some colleges are exploring incentive-based approaches instead of strict mandates, aiming to foster safe learning environments for everyone.