It Seems COVID Vaccines Will Soon Be Required at Numerous Colleges

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As colleges and universities prepared to welcome students back for in-person learning last fall, COVID-19 cases surged, affecting dorms and infecting thousands of students and staff, often spilling over into local communities. Since the pandemic began, over 530,000 COVID cases have been associated with higher education institutions.

In contrast to a year ago when schools depended on masks, social distancing, and hygiene practices to curb the virus’s spread, they now have a more powerful weapon: vaccines. These vaccines are effective, but only if administered—thus, many institutions are mandating vaccinations for students returning to campus this fall.

Rutgers University in New Jersey was the pioneer in requiring students to get vaccinated against COVID-19. Antonio Calcado, who heads Rutgers’ COVID-19 task force, mentioned, “We believed that merely encouraging vaccinations would not yield the same impact as making it mandatory.” Following Rutgers’ lead, other universities like Duke, Northeastern, Syracuse, and Notre Dame have implemented similar requirements.

Historical Context of Vaccination Mandates

Mandatory vaccinations are not unprecedented; many colleges already require specific immunizations for enrollment. A survey of about 100 U.S. colleges revealed that nearly all required at least one vaccine, with the MMR vaccine being the most common. In fact, two decades ago, I could not enroll in college without a meningitis vaccine.

The COVID-19 vaccines, however, are currently being administered under FDA Emergency Use Authorization (EUA), which has raised concerns among critics. This status places the legality of mandating these vaccines in a “legal gray area.” Nonetheless, legal experts suggest that this EUA status is unlikely to deter courts, which have generally upheld vaccine mandates. Harvard Law professor Jamie Sullivan pointed out that there are no legal barriers preventing colleges from requiring COVID-19 vaccinations, regardless of FDA approval. He further noted that colleges already mandate COVID testing, which is also authorized under the EUA. The American Council on Education confirmed that as vaccine availability increases, institutions are likely to be legally justified in imposing vaccination requirements.

Full FDA approval for the COVID-19 vaccines is anticipated soon, potentially making the critics’ concerns irrelevant.

Exemptions and Legal Considerations

Most colleges, including Rutgers, offer religious and medical exemptions for their vaccination mandates, as required by federal law. According to legal scholar Eric Thompson, “Forty-five states provide religious exemptions; however, California and New York have eliminated them in recent years.” While historical court rulings have supported colleges’ decisions to forgo religious exemptions, the current conservative majority in the U.S. Supreme Court may reconsider these rulings in the future.

Logistical Challenges and Vaccine Hesitancy

Implementing vaccination requirements also presents logistical challenges, especially for international students who may not have access to U.S.-approved vaccines. For instance, students vaccinated with AstraZeneca in their home countries may face complications. However, experts like Thompson believe that access to vaccines for international students will not pose a significant problem, as many schools have established regular testing protocols that can be adapted for vaccinations. The challenge lies in the waiting period between vaccination and full immunity, as colleges must determine their obligations to students during this time.

Moreover, institutions must address vaccine hesitancy among BIPOC communities, which may have lingering distrust due to historical mistreatment. Bethany Harris, co-founder of Community Forward, urges colleges to proactively address these concerns.

Incentives Instead of Mandates

Instead of enforcing mandates, some colleges are opting for incentives. For instance, the University of California San Diego will exempt fully vaccinated students and faculty from weekly testing, while Dickinson State University in North Dakota will lift mask mandates for vaccinated students.

Ultimately, the goal remains clear: ensuring safe classrooms, secure communities, and a smooth return to campus life for all. Vaccinations are crucial to achieving these objectives.

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In summary, many colleges are moving toward mandatory COVID-19 vaccinations for returning students, following the example set by Rutgers University. Legal experts believe that these mandates will likely hold up in court despite the vaccines’ EUA status, and exemptions will be available for medical and religious reasons. As institutions navigate logistical challenges and address vaccine hesitancy, some are opting for incentives instead of strict mandates to encourage vaccination.