BOSTON (AP) – US colleges hoping for a return to normal fall are weighing up how far they should go in urging students to get the COVID-19 vaccine, including whether they should – or legally can – require.
Universities including Rutgers, Brown, Cornell and Northeastern recently told students to get vaccinated before returning to campus next fall. They hope to achieve immunity to herds on campus, which they say can ease distance restrictions in classrooms and dormitories.
But some colleges leave the decision to students, and others think they cannot legally require vaccinations. At Virginia Tech, officials have determined that they cannot because the U.S. Food and Drug Administration has only allowed the use of the vaccines in emergencies and has not given them full approval.
The question arises as more colleges plan to switch back from external instruction to personal instruction. Many schools have launched vaccination blitzes to get students vaccinated before they leave for the summer. In some schools, the additional requirement is designed to encourage holdouts and instill confidence that students and faculty will be safe on campus.
“It removes any ambiguity as to whether individuals should be vaccinated,” said Kenneth Henderson, the chancellor of Northeastern University in Boston. “It also gives the confidence of the entire community that we are taking all appropriate measures.”
Northeastern and other colleges needing shots believe they are on a solid legal basis. It’s not uncommon for colleges to require students to be vaccinated for other types of illness, and last year a California court enforced a flu shot requirement on the University of California system.
But legal scientists say the COVID-19 vaccine emergency moves the issue into a legal gray area likely to be challenged in court, and that some colleges could take a more cautious approach to avoid litigation.
Glenn Cohen, a professor at Harvard Law who teaches health law and bioethics, said there is no legal reason why colleges should not require COVID-19 vaccinations. It doesn’t matter that the admissions have not received full approval, he said, noting that many colleges already require students to undergo coronavirus tests approved under the same FDA emergency permit. But there is also no federal directive that explicitly allows vaccination obligations.
The biggest clashes could come in states taking a stand against vaccination requirements, he said.
In Florida, Governor Ron DeSantis banned all businesses this month require customers to show proof of vaccination. The order raises questions about Nova Southeastern University’s plan to vaccinate students and staff. The president of the college said he still has faith in the plan, but he also pledged to “respect our state’s laws and all federal guidelines.”
The governor of Texas, the second largest state in the country, issued a similar order.
There is a parallel debate about whether or not to require vaccination for teachers and staff, an issue that employers across the country are grappling with. At the University of Notre Dame, one of the newest schools requiring student vaccinations, shots are still optional for employees. Northeastern is considering extending its mandate to employees.
Even schools that make shooting compulsory have exemptions. Federal law requires colleges to provide accommodation to students who refuse a vaccine for medical reasons, and most schools also offer exemptions for religious reasons.
At Brown, students who forgo shots and don’t have a valid waiver must petition to study remotely or take a leave of absence next fall, the school’s president, Christina Paxson, told students in a letter last week.
But enforcing vaccine mandates will pose its own challenges. Cornell and Northeastern say students will be asked to provide proof of vaccination, but there is no generally accepted vaccination coverage. Cornell told the students they can provide the card that will be issued at their vaccination site, but card sizes vary and generally seem easy to forge.
In Northeastern, officials are still deciding whether to provide students with a medical record showing that they have been vaccinated or whether they can testify that they have been vaccinated – essentially on their word.
“We expect students to be honest and forthright about any attestation they make at university,” Henderson said.
Northeast student Tyler Lee said he thinks vaccinations are the right thing to do as it will help stop the spread of the virus and protect the community around the downtown Boston campus. There has been some setbacks from parents, but few from students, he said.
“It’s Northeastern’s decision,” said Lee, a senior waiting for his second shot. ‘If I didn’t like it, I would switch. And that is what most students feel. “
Ariana Palomo, a prospective freshman at Brown, said the university’s mandate sends the message that keeping students safe is serious. She was “happy and relieved” when she heard about it, she said.
“I know I will feel so much safer on campus,” said Palomo, 18. “This is the next step to protect each other and prevent more lives from being lost.”
Schools are expecting some backlash, and Republican student groups on some campuses have voted against mandates saying it should be a choice.
Colleges are also grappling with what to expect from international students, who may not have access to vaccines in their home countries or who may be receiving injections not used in the United States. Some colleges say they plan to make arrangements to make photos available to international students when they arrive.
Other colleges use a lighter touch to promote shots, including at Dickinson State University in North Dakota, which exempts students from a campus mask mandate two weeks after they are fully vaccinated.
Many others hope that a word of encouragement will suffice. Campus officials at Bowdoin College in Maine said their “hope and expectation” is that all students will receive an injection. Harvard University officials “strongly recommend” that students be vaccinated but have withdrawn from a mandate.
Some, including Dartmouth College, are waiting for the recordings to become more widely available before making a decision. Diana Lawrence, a Dartmouth spokesperson, said officials “cannot make a decision on the vaccination required until vaccines are available to all students.”
Lisa Rathke, Associated Press author in Montpelier, Vermont, and P. Solomon Banda in Jersey City, New Jersey, contributed to this report.