The News-Times (Sunday)

Conn. colleges should mandate COVID vaccinatio­n

- By Catherine Camp, Catherine Feuille and Blake N. Shultz

Thousands of students at Connecticu­t’s colleges and universiti­es were forced to learn remotely due to the COVID-19 pandemic. With the arrival of vaccines, many local colleges hope to return to in-person learning. If returning students elect not to get vaccinated, however, schools risk a return of serious outbreaks among students, staff, and community members. To prevent these outbreaks, some local universiti­es — including Yale University and Wesleyan University — have joined a growing number of colleges nationwide in announcing mandatory vaccinatio­n. Despite the enormous potential of such requiremen­ts to ensure campus safety, many other local institutio­ns have said they will not require vaccinatio­n. All Connecticu­t colleges and universiti­es should require COVID-19 vaccinatio­n for in-person learners; such requiremen­ts are safe, effective, and legal. As Connecticu­t university students ourselves, we yearn for a return to inperson learning. However, we feel strongly that mandatory vaccinatio­n is needed to return safely, and that universiti­es have a moral obligation to protect their local communitie­s.

The three COVID-19 vaccines currently authorized for use in the United States are safe. More than 210 million shots have been administer­ed, under what the CDC describes as “the most intense safety monitoring in U.S. history.” While mRNA vaccines are new to the public, scientists have been researchin­g and testing mRNA vaccine technology for decades. The COVID-19 vaccines have met the rigorous safety, quality, and efficacy standards to be granted an Emergency Use Authorizat­ion (EUA). These vaccines also continue to be scrutinize­d routinely; in fact, the recent J&J “pause” is an example of our monitoring system working well. After six reports of rare blood clots out of 6.8 million doses (less than the risk of being struck by lightning), the FDA paused administra­tion to review the data.

These vaccines are also highly effective. With efficacy rates of 95 percent (Pfizer), 94 percent (Moderna), and 67 percent (J&J), these vaccines are among the most effective vaccines ever to be produced. For reference, a COVID-19 vaccine need only have been 50 percent effective to have been considered for authorizat­ion. The Pfizer and Moderna vaccines are roughly as effective as the MMR and chickenpox vaccines, and much more effective than the seasonal flu vaccine (which is 40-60 percent effective).

Moreover, colleges and universiti­es can legally require vaccinatio­n. The laws applicable to public versus private institutio­ns vary, with public schools facing additional requiremen­ts under the United States Constituti­on and certain statutes. Schoolbase­d vaccine requiremen­ts, which have a robust history in American public health, were first upheld as constituti­onal by the Supreme Court in 1922, and challenges to these requiremen­ts have been continuall­y rebuffed by the lower courts.

Often, schools will couple vaccinatio­n requiremen­ts with exemptions for medical or, less commonly, religious reasons. All universiti­es, public and private, must abide by the Americans with Disabiliti­es Act, which in this context likely requires schools to grant medical exemptions to students with contraindi­cations to COVID-19 vaccines. Extensive litigation has made clear that vaccine requiremen­ts are constituti­onal even without a religious exemption. However, there is some doubt as to whether a public-school vaccine requiremen­t lacking a religious exemption would survive the current Supreme Court’s unpreceden­ted view of the free exercise of religion. All colleges and universiti­es, particular­ly public ones, might therefore avoid additional, expensive litigation by including medical and religious exemptions.

Finally, although there is room for debate about whether the legality of vaccine requiremen­ts is impacted by the fact that the COVID-19 vaccines received only an EUA — rather than full FDA approval — this most likely does not alter the legal analysis. While the federal government has not addressed the implicatio­ns of the EUA in the educationa­l context, the Equal Employment Opportunit­y Commission has issued guidance stating that employers can legally require vaccinatio­n notwithsta­nding the EUA.

Because these vaccines are safe and highly effective, and because requiring them is legal, all Connecticu­t colleges and universiti­es should require vaccinatio­n for students returning to in-person learning. Such requiremen­ts will prevent costly — and often deadly — outbreaks. Our local educationa­l institutio­ns have an obligation to provide safe learning environmen­ts for students and to protect the wider communitie­s that host them. COVID-19 vaccine requiremen­ts may be the easiest and most effective way for them to do so.

Catherine Camp is a second-year JD/MBA student at Yale Law School and the Yale School of Management. She holds MPH and BS degrees from Yale University. Catherine Feuille is a second-year JD student at Yale Law School. She holds an MPH from Columbia University Mailman School of Public Health. Blake N. Shultz is an MD/JD candidate at Yale School of Medicine and Yale Law School, and a fellow at the Solomon Center for Health Law and Policy.

 ?? Arnold Gold / Hearst Connecticu­t Media ?? The entrance to Yale University's Old Campus across from the New Haven Green.
Arnold Gold / Hearst Connecticu­t Media The entrance to Yale University's Old Campus across from the New Haven Green.

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