Universities are also using “informed consent” or “community pledge” documents to try to limit the specific COVID-19 precautions they will take. Note that many of these documents list U’s safety measures and then list measures expected of faculty, students, staff. 1/

Now, take a closer look at the measures the university is assigning to itself. 2/

Generally, you’ll see some general language about caring about health and then itemized: educating about risk, cleaning and sanitizing, promoting social distancing and mask-wearing. But you have to notice the omissions…3/

No promises of specific PPE. No specifics about regular testing, contact tracing. No specifics about student health services to be provided for COVID-19 victims. No mention of evaluation and upgrade of HVAC systems, buildings’ capcity for ventilation. 4/

Meanwhile, the responsibilities universities are assigning to faculty, staff, students: awareness of public health regulations and guidance from WHO, CDC, state and local health authorities; rigorous, constant social distancing; carrying and using disinfectant wipes…5/

…constant self-monitoring of symptoms; promise to stay home if you feel at all unwell; and more. 6/

Via this sort of pair of lists, a university is disclaiming responsibility to take systemic measures to protect against COVID-19 spread that only the owner of the campus premises can take and pinning sweeping obligations on individuals the university is inviting to the campus. 7/

Universities are likely to use these forms and pledges to assert that the measures they assigned to themselves suffice to show reasonable care and that any deviation by student, faculty, or staff from the myriad measures assigned to them indicates carelessness by them. 8/

There are ways to raise awareness of what is expected from individuals using campus facilities without also trying to ratchet down a university’s legal obligations. But many universities are not pursuing those paths. 9/

It is sad to see institutions of higher education pursuing litigation defensiveness rather than trying to build genuine community based on knowledge and ethics. 10/10