As colleges and universities prepared to resume in-person classes last fall, COVID-19 cases spiked dramatically. The virus infiltrated dormitories, impacting thousands of students and staff and often spilling over into surrounding communities. To date, colleges and universities have been linked to over 530,000 COVID cases throughout the pandemic.
In the previous year, institutions relied on masks, social distancing, and hand hygiene to mitigate the spread of COVID-19. Now, they have a more powerful tool at their disposal: vaccinations. These vaccines are effective, but their efficacy hinges on widespread adoption—essentially, getting shots into arms. Consequently, many colleges are mandating that students receive the COVID vaccine before returning to campus in the upcoming fall semester.
Rutgers University in New Jersey was the first institution to implement a vaccine requirement for students. Antonio Calcado, who heads Rutgers’ COVID-19 task force, explained, “We believed that mere encouragement would not yield the same impact as a formal mandate.” Following Rutgers’ lead, several other universities, including Duke University, Northeastern University, Syracuse, and the University of Notre Dame, have enacted similar requirements.
Mandatory Vaccination Is Not a Novel Concept
The notion of mandatory vaccinations is not unprecedented; many colleges already require specific immunizations for enrollment. A survey of around 100 U.S. colleges revealed that nearly all required at least one vaccine for students, with the MMR vaccine being a common requirement. In fact, two decades ago, I was unable to start college without proof of a meningitis vaccination.
Similarly, all states enforce some form of vaccine mandate for public school children, which often extends to those in private schools and daycare facilities.
The Debate Over Emergency Use Authorization
Critics of these mandates argue that the vaccines are not yet FDA-approved. Unlike other vaccines that are mandatory, the COVID-19 vaccines are currently being administered under an FDA Emergency Use Authorization (EUA). This is a valid concern, and legal experts agree that it places the legality of mandatory vaccinations in a “gray area.” However, courts have generally upheld vaccine mandates, making it unlikely that the EUA status will have a significant impact.
Harvard Law professor James Lawson pointed out that there is no legal barrier preventing colleges from requiring COVID-19 vaccinations, regardless of their approval status. He highlighted that colleges already mandate COVID testing, which is also authorized under the EUA. The American Council on Education has stated that “the legal authority for institutions to mandate COVID-19 vaccinations for students is likely to be upheld as vaccine availability increases.”
Moreover, full approval for the vaccines is anticipated soon, with the FDA potentially granting it as early as this summer, which could render the critics’ arguments irrelevant.
Medical and Religious Exemptions
Even institutions like Rutgers that mandate vaccinations provide avenues for medical and religious exemptions. Federal law necessitates a medical exemption, and most schools are also accommodating religious objections. “Forty-five of the 50 states maintain religious exemptions, although California and New York have eliminated them in recent years,” explains Laura Jensen, a law professor at Columbia University.
While past court decisions have allowed colleges to forgo religious exemptions, this could shift under the current, more conservative U.S. Supreme Court, as noted by legal scholar Nora Fields from Stanford University.
Logistical Challenges
Implementing a vaccination policy for students raises logistical challenges, particularly regarding international students. Some may not have access to vaccines in their home countries or may have received vaccinations not approved in the U.S., such as AstraZeneca.
Fortunately, many colleges have already established comprehensive testing protocols that can be adapted to include vaccination programs. The concern lies in the time it takes for individuals to be fully vaccinated. International students arriving in the U.S. who receive vaccinations will not achieve full immunity for several weeks post-injection, prompting colleges to consider their responsibilities during this interim period. According to Jensen, “Neither Rutgers nor any other institution has likely figured this out yet, but they are aware of the need to address it.”
Colleges must also consider the issue of vaccine hesitancy among BIPOC communities, who may harbor distrust towards the medical establishment due to historical injustices, as well as the racial disparities in vaccine access. Activist Molly Greene cautions that “Colleges must proactively address these challenges to ensure equitable vaccination rates.”
An Alternative to Mandates
Instead of enforcing mandatory vaccinations, some colleges are opting to incentivize vaccination. For instance, the University of California San Diego plans to exempt fully vaccinated students and faculty from weekly asymptomatic testing. Similarly, Dickinson State University in North Dakota will lift mask requirements for fully vaccinated students.
Ultimately, the goal is straightforward: to create safe classrooms, foster secure communities, and facilitate a smooth return to campus life for everyone. Vaccinations are key to achieving that objective.
For related insights and resources, check out this informative piece on pregnancy and home insemination, and explore this guide on your fertility journey. Additionally, you might find interest in our other blog post at Home Insemination Kit.
Summary
Colleges and universities are increasingly requiring students to be vaccinated against COVID-19 before returning to campus. While concerns exist regarding the vaccines’ Emergency Use Authorization status, legal experts suggest that schools have the authority to implement these mandates. Medical and religious exemptions are available, and logistical challenges, particularly for international students, need to be navigated. Some institutions are also incentivizing vaccinations instead of mandating them, aiming for safe campus environments.