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As universities prepared to resume in-person classes, COVID-19 cases spiked, infiltrating dormitories and affecting thousands of students and staff, frequently spilling over into the surrounding communities. Since the pandemic began, colleges and universities have been linked to over 530,000 COVID cases.
In the past, institutions relied on masks, social distancing, and hand hygiene to mitigate the virus’s spread. Now, they have a more effective solution: vaccinations. While these vaccines are indeed effective, they only work if administered—hence, many colleges are mandating that students receive vaccinations prior to returning to campus in the fall.
Rutgers University Leads the Charge
Rutgers University in New Jersey was the first to implement a vaccine requirement. Antonio Calcado, who heads Rutgers’ COVID-19 task force, stated, “We believed that merely encouraging vaccination would not yield the same impact as making it a requirement.” Following Rutgers’ lead, several other institutions, including Duke University, Northeastern University, Syracuse University, and the University of Notre Dame, have also adopted similar mandates.
Mandatory Vaccination Is Not a Novel Concept
The concept of mandatory vaccination is not new—many colleges already require certain immunizations for enrollment. A survey of roughly 100 U.S. colleges revealed that nearly all required at least one vaccine, with the MMR vaccine being the most common. In fact, I remember not being allowed to enroll in college two decades ago without a meningitis vaccine.
Moreover, every state has some form of vaccine mandate for public school children, and many of these also apply to private school students and daycare attendees.
The Issue of Emergency Use Authorization
Critics of these mandates argue that the vaccines are not fully FDA approved. Unlike other mandatory vaccines, the COVID-19 vaccines are currently authorized under an FDA Emergency Use Authorization (EUA). This raises a valid concern, and legal experts agree that it places the legality of mandatory vaccinations in a “gray area.” Nevertheless, courts have traditionally upheld vaccination mandates.
Harvard Law professor Mark Johnson pointed out that there are no legal barriers preventing colleges from requiring COVID-19 vaccinations, regardless of their EUA status. He highlighted that colleges already require COVID testing, which is also authorized under an EUA. The American Council on Education has indicated that “the legal right of institutions to mandate COVID-19 vaccinations for students is likely to be upheld as the availability of vaccines increases.” Moreover, full FDA approval for these vaccines is expected soon, which may render the critics’ argument irrelevant.
Medical and Religious Exemptions
Even institutions like Rutgers, which have made vaccination compulsory, allow for medical and religious exemptions. Federal law mandates a medical exemption, and many schools also provide a religious exemption.
“Forty-five states offer some form of religious exemption. California and New York eliminated them in the last five years, which means no religious exemptions for vaccinations in those states,” explains Sarah Johnson, a law and medical ethics professor at the University of Pennsylvania.
While past court rulings have supported colleges’ decisions to deny religious exemptions, this could change with the current conservative makeup of the U.S. Supreme Court, as noted by legal expert Emily Carter in a recent NPR interview.
Logistical Challenges
Implementing vaccinations for students presents various logistical challenges. One major concern is international students who may not have access to vaccines in their home countries or may have received vaccines not approved in the U.S. (like AstraZeneca).
However, access to vaccines for international students is likely manageable. “Many schools have established effective testing protocols that could be adapted for vaccinations,” Johnson notes. The concern lies in the gap between vaccination and full immunity. International students who arrive in the U.S. and get vaccinated may not achieve full protection for several weeks. Colleges will need to determine their responsibilities to these students during this transitional period. Johnson suggests that while no school has a definitive plan yet, they recognize the importance of addressing this issue.
Colleges must also consider vaccine hesitancy among BIPOC communities, which may harbor distrust towards the medical system due to historical mistreatment and face racial disparities in vaccine access. Sarah Thompson, co-founder of ParentsTogether, emphasizes that “Colleges need to proactively prepare for how this will unfold.”
An Alternative Approach to Mandates
Rather than enforcing vaccination mandates, some colleges are choosing to incentivize vaccination. For instance, the University of California San Diego plans to exempt fully vaccinated students and faculty from weekly asymptomatic testing, while Dickinson State University in North Dakota will exempt vaccinated students from mask requirements.
The ultimate objective remains clear: to create safe classrooms, foster secure communities, and facilitate a return to campus life for all. Vaccines are key to achieving this goal.
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Summary
Many colleges are implementing COVID-19 vaccination mandates as they prepare for in-person classes, aiming to reduce virus transmission. While the legality of these mandates is debated due to the vaccines’ Emergency Use Authorization status, legal experts suggest that colleges have the right to enforce them. Exemptions for medical and religious reasons are typically allowed. Logistical challenges, particularly for international students, remain to be addressed. Some institutions are opting to incentivize vaccinations instead of enforcing mandates. Ultimately, the goal is to ensure safe campus environments.