Colleges and universities have the right to set their own enrollment rules. Students have the right to choose or reject where they want to enroll. How is a vaccine mandate going to affect future enrollment?
University and college vaccine mandates are a rather hot topic for higher education students, faculty, and administration. With many institutions mandating Covid-19 vaccinations for all students who will be attending in-person classes this fall, there is a lot of discussion around the topic. Students who will not get back to campus and instead, will participate in fully online programs will not have to abide by the mandate.
The American College Health Association officially supports the new vaccine requirement that many colleges and universities in the United States are mandating. Meanwhile, leaders at some other higher education institutions have decided that they plan on recommending their students to get vaccinated rather than making it a requirement. Other universities such as those in Wisconsin and Oklahoma, have said that they will leave the decision of whether or not to get vaccinated up to the students.
“Covid-19 vaccines are not required at this time for faculty, staff, or students. However, OU strongly encourages everyone to give full consideration to getting the vaccine. As an Emergency Use Authorized measure, the current Covid-19 vaccinations may not be mandated for employees or students,” the University of Oklahoma said in a statement, adding that “the situation could change as we get closer to the start of the fall semester.”
Students’ rights: Can universities force students to get vaccinated?
Students have certain rights to decline vaccination. They can seek a religious or medical exemption from the vaccine requirement. But university is not all that makes up a student’s life. There is entertainment as well. New York State launched the United States’ first vaccine passport that will allow fully vaccinated people to prove they have had both their shots. The digital tool is going to be used at major entertainment venues such as Madison Square Garden. What would students do then?
When a student chooses an institution, they learn about its rules and agree to abide by them. But when some rules come into effect unexpectedly —such as the Covid vaccine mandate— they may choose to change universities.
There is no legal precedent yet to know how courts will view an institution’s response to a student or employee who refuses a Covid-19 vaccine under emergency-use status. However, this could change soon. A New Mexico corrections officer and a group of Los Angeles public-school teachers are currently suing their employers over this issue.
Los Angeles Unified School District (LAUSD) is the second largest school district in the United States. It is forcing its employees to take the experimental vaccine in order to remain employed. This is contrary to federal law and basic human rights, according to the Health Freedom Defense Fund. The California educators filed a lawsuit which states that “the statute granting the FDA the power to authorize a medical product for emergency use requires that the person being administered the unapproved product be advised of his or her right to refuse administration of the product.”
Not just the cultural but legal issues requiring students to be vaccinated to be allowed on campus are not totally settled. This brings a series of problems as well as new challenges to higher education leaders. And the crucial question arises, is a vaccine mandate going to play a role in the future of enrollment? If so, how will institutions respond? Only time will tell.
Meanwhile, it now seems more urgent than ever that institutions must prioritize virtual environments, online learning, and other technologies as their primary form of instruction. The safest way to avoid spreading the virus —vaccinated or not vaccinated— is maintaining social distance whenever possible and wearing a face mask when entering public or enclosed places or when being with others. Moving higher education to the virtual realm and remote learning for as long as the pandemic lasts is currently the safest and most sensible choice.