Janice Lozano
The COVID-19 pandemic has forced universities to consider whether they should require students to be vaccinated before returning to campus. While some universities are requiring students to show proof of vaccination, others are strongly encouraging it. There is no federal guidance on colleges and universities mandating COVID-19 vaccination, and universities are concerned about the legality of enforcing it. However, there is a well-established practice of universities mandating that students receive specified vaccines for other diseases as a condition of attendance.
| Characteristics | Values |
|---|---|
| Universities requiring COVID-19 vaccines for students | Yes, universities can require students to get COVID-19 vaccines, and some have already done so. |
| Legality | There is no federal guidance on colleges and universities mandating COVID-19 vaccination. However, there is a well-established practice of universities mandating that students receive specified vaccines for other diseases as a condition of attendance. |
| Religious exemptions | Private colleges and universities need not, as a matter of federal law, grant religious exemptions. The matter is less certain for public colleges and universities. |
| Disability accommodations | Universities are required to provide accommodations for students with disabilities under the Americans with Disabilities Act (ADA) and/or the Rehabilitation Act of 1973. Accommodations may include remote learning, dedicated spaces, or extra PPE. |
| Criticism | Some critics argue that vaccine mandates are "unreasonable and discriminatory." |
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What You'll Learn
Universities requiring COVID vaccines for students is legal
There is a well-established practice of universities mandating that students receive specified vaccines for other diseases as a condition of attendance, and exemptions are often challenging to obtain. For example, a California trial court upheld the constitutionality of an influenza vaccine mandate by the University of California, a public university. The court drew an analogy to the permissibility of such mandates in K-12 public school systems, requirements that courts have upheld for decades.
Both public and private colleges and universities are subject to the requirements of the Americans with Disabilities Act (ADA) and/or its sister statute, the Rehabilitation Act of 1973. These acts require accommodations for students with disabilities. In considering the accommodation requirement, courts would likely find that a medical contraindication to a COVID-19 vaccine can qualify as a disability necessitating that the college or university provide an accommodation. This does not necessarily require full access to campus, only reasonable accommodation that allows students access to education. Remote learning, dedicated spaces for these students, or extra PPE might constitute potential accommodations under this law.
Some students may also request religious exemptions from a COVID-19 vaccination mandate. As a matter of federal law, Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on religion. However, there is no comparable requirement for colleges and universities regarding their student bodies. Therefore, private colleges and universities need not grant religious exemptions as a matter of federal law. The matter is less certain for public colleges and universities, although extensive jurisprudence at the K-12 level indicates that a vaccine mandate does not have to include a religious exemption.
As of July 2024, twenty United States colleges continue to require their students to receive the COVID-19 vaccine, according to the watchdog organization No College Mandates. For example, Rutgers University in New Jersey required students to be vaccinated before arriving on campus in the fall of 2021.
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Universities requiring COVID vaccines for students is safe
While there is no federal guidance on colleges and universities mandating COVID-19 vaccination, there is also no federal requirement for colleges and universities to grant religious exemptions. Private colleges and universities, in particular, need not grant religious exemptions as a matter of federal law.
Additionally, universities requiring COVID vaccines for students helps to safely reopen campuses for students, faculty, staff, and local communities. It is also important to consider that most vaccines in history have been safe, and the COVID-19 vaccine is predicted to be needed only once, like the MMR vaccine, rather than annually.
Overall, universities requiring COVID vaccines for students is safe and supported by established practices, legal precedent, and rigorous vaccine safety evaluation and monitoring systems in the United States.
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Religious exemptions
While universities can legally require vaccination as a condition of attendance, federal law does not require private colleges and universities to grant religious exemptions. However, many universities do allow students to request religious exemptions, and some even grant them. For example, the University of Illinois has granted religious exemptions to 826 out of 838 students who requested them. The University of California also grants religious exemptions, despite California being one of five states that do not explicitly authorize religious exemptions for immunizations.
The matter is less certain for public colleges and universities. While there is very little case law on religious exemptions at the university level, extensive jurisprudence at the K-12 level indicates that a vaccine mandate does not have to include a religious exemption. For example, California law does not require religious exemptions for vaccines, but the University of California grants them anyway.
Some universities have stopped granting religious exemptions altogether. For example, Hofstra University recently informed its students that it will no longer be offering or honoring religious exemptions to its COVID-19 vaccination policy.
The legality of religious exemptions is a complicated issue. While Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of religion, this does not apply to colleges and universities. However, some states have laws prohibiting religious discrimination in institutions of higher education, which could provide a basis for students to request religious exemptions.
Additionally, the First Amendment protects religious beliefs, and some people argue that vaccine mandates violate the free exercise of religion. However, others argue that the danger posed by unvaccinated people without immunity outweighs any religious objections. Ultimately, the decision to grant religious exemptions often falls to individual universities, and the requirements vary from state to state.
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Disability accommodations
In the United States, the issue of whether universities can require COVID-19 vaccines for students has been the subject of legal debate, with some universities choosing to implement mandatory vaccination policies.
The University of California, for example, ordered all students, faculty, and staff to receive a vaccine as a condition of accessing campus property. This mandate allowed for medical exemptions, disability accommodations, and religious accommodations. The University's authority to implement such a mandate was supported by the California Superior Court in the case of Kiel v. The Regents of the University of California. The court found that the University's interest in protecting the health and safety of its community outweighed the potential harm to individuals of having to abide by the mandate.
Private colleges and universities that choose to impose a COVID-19 vaccine mandate should provide disability accommodations consistent with applicable laws. This may include offering distance learning options, requiring regular COVID-19 testing for unvaccinated students, and providing enhanced personal protective equipment.
Universities that elect not to provide disability accommodations may face legal challenges and public relations issues. Additionally, universities should be prepared to provide information on the safety and efficacy of the vaccine from reputable sources to address concerns.
Some universities, such as Vanderbilt University, require students to agree to receive a vaccination against COVID-19 if and when the university requires it. Students may also be required to submit a waiver to request an exemption, which can be a lengthy process.
Other universities, like the University of Illinois Chicago, allow students with an accommodation not related to COVID-19 vaccination status to complete their coursework remotely through synchronous or asynchronous online courses. However, some courses at this university require in-person participation, and students should be aware that progression in certain academic programs may not be possible without attending in person.
Ultimately, the ability of universities to require COVID-19 vaccines for students and the specific accommodations provided will depend on the legal and regulatory framework of their respective states and countries.
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Student, faculty, and staff concerns
University leaders are likely concerned about the legality of mandating COVID-19 vaccines, as not all students, faculty, or staff may support such a requirement. Anti-vaccine groups have been quick to assist in litigation, as seen in the case of the University of California's influenza vaccine mandate. While there is no federal guidance on colleges and universities mandating COVID-19 vaccinations, there is a well-established practice of universities requiring specified vaccines for other diseases, such as influenza, as a condition of attendance.
Students, faculty, and staff may have varying concerns regarding COVID-19 vaccine mandates. Some may question the safety, efficacy, and necessity of the vaccine, as critics of vaccine mandates have highlighted. Others may seek exemptions based on religious or disability grounds. While private colleges and universities are not federally required to grant religious exemptions, the matter is less clear for public institutions. Additionally, universities must provide accommodations for students with disabilities under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973, which may include remote learning, dedicated spaces, or extra PPE.
The debate surrounding vaccine mandates in universities reflects the broader societal discussion on individual rights, public health, and the role of institutions in promoting community health. While some students, faculty, and staff may support vaccine mandates as a necessary measure to ensure a safe return to in-person learning, others may have reservations due to personal beliefs, health concerns, or legal interpretations.
Universities considering vaccine mandates must navigate a complex landscape of legal, ethical, and practical considerations. They must balance the goal of protecting the health and safety of their community with respect for individual autonomy and accommodation of diverse perspectives. As the COVID-19 pandemic continues to evolve, universities face the challenge of making informed decisions in a context of scientific uncertainty and shifting public health guidelines.
Additionally, universities must also address concerns about the practicality and enforceability of vaccine mandates. This includes questions about verifying vaccination status, addressing non-compliance, and ensuring equal access to education for all students, regardless of their vaccination status. The decision to mandate COVID-19 vaccines in universities involves weighing the benefits of disease prevention and community health against the complexities of individual rights and institutional responsibilities.
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Frequently asked questions
Yes, universities can require students to get the COVID-19 vaccine as a condition of attendance. Universities have broad discretion under existing federal statutes and case law. However, there is no federal guidance on this matter, and universities are concerned about the legality of mandating COVID-19 vaccines.
No, not all universities require students to get the COVID-19 vaccine. While some universities require proof of vaccination, others strongly encourage it.
Yes, students may request exemptions from a COVID-19 vaccination mandate on religious or medical grounds. However, exemptions are often hard to obtain, and private colleges and universities are not required to grant religious exemptions.
