BOSTON (AP) – U.S. colleges hoping the fall will return to normal weigh in on how far they should go to encourage students to get the COVID-19 vaccine, including whether they should – or legally – can need.
Universities, including Rutgers, Brown, Cornell and Northeastern, recently told students they need to be vaccinated before returning to campus next fall. They hope to bring about herd immunity on campus, which they say could reduce space constraints in classrooms and dormitories.
But some colleges leave the decision to students, and others believe they do not legally need vaccination. At Virginia Tech, officials determined they could not because the U.S. Food and Drug Administration only allowed the emergency use of the vaccines and did not give them full approval.
The demand is huge because more colleges are planning to move back from remote to personal instruction. Many schools have introduced flashes for vaccination to immunize students before they leave after the summer. At some schools, the additional requirement is intended to encourage endurance and create confidence that students and faculties will be safe on campus.
“It removes any ambiguity about whether individuals should be vaccinated,” said Kenneth Henderson, chancellor of Boston University at Northeastern University. “It also provides some confidence to the whole community that we are taking all appropriate measures.”
Northeastern and other colleges that need shots believe they are on solid legal footing. It is not uncommon for colleges to require students to be vaccinated for other types of illness, and a California court last year upheld a requirement for flu shots at the University of California.
However, lawyers say the emergency use status of the COVID-19 vaccines shifts the issue to a legal gray area that is likely to be contested in court, and some colleges may take a more cautious approach to preventing litigation.
Glenn Cohen, a professor of Harvard law who teaches health law and bioethics, said there is no legal reason why colleges are not allowed to require COVID-19 vaccinations. It makes no difference that the shots were not completely approved, he said, pointing out that many colleges already require students to take coronavirus tests that have been approved under the same FDA emergency clearance. But there are also no federal guidelines that authorize explicit vaccination.
The biggest clashes could occur in states taking a stand against vaccination requirements, he said.
In Florida, Governor Ron DeSantis banned all businesses this month of the requirement of customers to provide proof of vaccination. The order raises questions about Nova Southeastern University’s plan to require students and staff to be vaccinated. The college president said he remains confident of the plan, but also promised to “respect the laws of our state and all federal regulations.”
The governor of Texas, the country’s second largest state, has issued a similar order.
There is a parallel debate over whether to vaccinate faculty and staff, a problem that employers across the country are grappling with. At the University of Notre Dame, one of the newest schools in need of student vaccinations, shots are still optional for workers. Northeastern is considering extending its mandate to employees.
Even at schools that make shots compulsory, there are exemptions. According to federal law, colleges must provide housing for students who refuse a vaccine for medical reasons, and most schools also offer exemptions for religious reasons.
At Brown, students who waive shots and have no valid exemption must submit a petition to study distance or take leave next fall, school president Christina Paxson said in a letter to students last week.
But applying vaccine mandates will bring its own challenges. Cornell and Northeastern say students will be asked to provide proof of vaccination, but there is no generally accepted vaccine for vaccine. Cornell told students that they can provide the card that is handed out at their vaccination site, but the card formats vary and usually seem to be easy to counterfeit.
In Northeastern, officials are still deciding whether students will have to produce a medical record proving that they have been vaccinated and whether they will be allowed to testify that they have been vaccinated. They actually take their word for it.
“We would expect students to be honest and honest about their testimony at the university,” Henderson said.
Northeast student Tyler Lee said he thinks the vaccination is necessary because it could help stop the spread of the virus and protect the community around the Boston campus. There was some backlash from parents, but little from students, he said.
“It’s Northeastern’s decision,” said Lee, a senior awaiting his second shot. ‘If I do not like it, I will transfer. And that’s what most students feel. ”
Ariana Palomo, an incoming first-year student at Brown, said the university’s mandate sends the message that it’s serious about keeping students safe. She was “happy and relieved” when she heard about it, she said.
“I know I’m going to feel so much safer on campus,” Palomo said. “This is the next step in protecting each other and preventing more lives from being lost.”
Schools are expecting some setbacks, and Republican student groups on some campuses have opposed mandates, saying it should be a choice.
Colleges are also struggling with what they can expect from international students, who may not have access to vaccines in their home countries, or who may get shots that are not used in the United States. Some colleges say they plan to develop arrangements to make shots available to international students upon their arrival.
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 one word of encouragement will suffice. Campus officials at Bowdoin College in Maine said it was their “hope and expectation” that all students would get shots. Harvard University officials strongly recommend that students be vaccinated but do not have a mandate.
Some, including Dartmouth College, are waiting for shots to be more available before making a decision. Diana Lawrence spokeswoman Diana Lawrence said officials “cannot make a decision on the required vaccination until vaccines are available to all students.”
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Associated Press author Lisa Rathke in Montpelier, Vermont, and P. Solomon Banda in Jersey City, New Jersey, contributed to this report.