Amidst all the other uncertainties about fall 2021, one of the key questions universities must resolve is this: what are the rights of unvaccinated students?

1/n

At most basic level: can universities require students to be vaccinated, except those who cannot be vaccinated for medical reasons? What about students with religious objections? Political or anti-vax objections?

Answer likely to differ for privates vs. publics, by state.

2/7

If universities can't or won't require vaccines, are they obligated to provide equal access to unvaccinated students? What does equal access mean? What happens if/when accommodations have negative spillover for other students? For faculty/TAs and student-facing staff?

3/7

Do students who are not vaccinated because of their personal beliefs (including drinking the anti-vax Kool-aid) have the same right to accommodation as those who aren't vaccinated because of medical reasons or lack of availability of the vaccine? If not, where draw line?

4/7

How will universities accommodate students who get one vaccine dose in late summer, but can't get their second dose before returning to campus? (Currently, most states require second dose in same state as first.) Or who get 2nd dose, but are not yet immune?

5/7

Similar questions pop up with other diseases (e.g., flu), but "apply same policy" seems unsatisfactory given higher CFR; scarier prospects of long-term damage; current shortage of vaccines; long lag w/ 2 dose vaccines; high vaccine hesitancy rates & politicalization; etc.

6/7

It's tempting to say, "let's put these conversations off until we have more information." Problem is, course and res-life planning for next fall is happening NOW. Conversations with stakeholders - not just the uni lawyers - should also happen now. May or June is too late.

7/7