FROLITICKS

Satirical commentary on Canadian and American current political issues

How Can Colleges and Universities Not Mandate Their Students and Staff Be Fully Vaccinated?

Both here in Canada and in the U.S., there are growing numbers of colleges and universities who are now mandating that their students and staff be fully vaccinated to attend classes and extracurricular activities.  However, there continues to be a Hodge poach of policies across both the U.S. and Canada when it comes to mandatory vaccinations.  In some cases, governments are refusing to require mandatory vaccinations in postsecondary institutions.  This is the case in Ontario, Canada, where the Premier has refused to support such policies.  This position has created an array of confusing approaches among schools, which go from mandatory vaccination on campuses to simply encouraging students and staff to be vaccinated against COVID-19.  Where students cannot be vaccinated for health reasons or are hesitant to be vaccinated, some policies include the option of being tested two or three times a week for COVID in order to attend classes and extracurricular activities.

O.K.  Let’s look at the facts.  Recent data from Health Canada show that 51 percent of Canadian adults aged 18 to 29 were fully vaccinated by July 31st.  As of that date, Canada had over 80 percent of eligible people vaccinated with their first dose and approximately 64 percent fully vaccinated.  Meanwhile, the national seven-day moving average rose to 1000 daily cases on Aug. 8th, an increase of 326 from the week prior, largely owing to the spread of the Delta variant.  The facts indicate that those infected by the highly contagious Delta variant who are subsequently hospitalized are primarily among the unvaccinated and the majority (well over 90 percent) are younger than was the case during the first and second waves.  Public health officials are on record that being fully vaccinated represents the primary defence against the Delta variant, preventing more serious illness and hospitalizations.  Unfortunately, left to their own discretion, some colleges and universities are acting as if there is not a pandemic happening, and vaccines are not the way out of it.  On the other hand, surveys have shown that students and faculty members for the most part say they are concerned that not mandating vaccination could lead to outbreaks, and they will not feel safe on campuses should the schools let students return to classes without vaccination.  As a result, in Ontario, the Council of Ontario Universities and Colleges Ontario called for a province-wide policy that requires the vaccination of post-secondary students, staff and faculty.

The U.S. Centers for Disease Control (CDC) reported last year, before vaccination was possible, colleges that diminished their student impact by remote instruction brought about an 18 percent decline in COVID-19 disease in their surrounding community, while those that did not brought about a 56 percent increase. The difference would be greater now, with Delta circulating.  The fact is that not fully vaccinating campuses is guaranteed to spread a fourth wave to the communities which host them.

As far as the legal ramifications of implementing mandatory vaccinations on campuses, there is already litigation challenging such policies.  However, the general belief is that such challenges will fail given the nature of the pandemic and its related public health issues, not only on campuses but in the community at large.  For example, Supreme Court Justice Amy Coney Barrett recently denied an emergency relief request challenging Indiana University’s requirement that all students and employees get the COVID shot.  It’s the first time the U.S. Supreme Court has weighed in on a vaccine mandate during the pandemic.  The liability excuse in Canada is also a weak bogeyman for inaction, because there has never been a successful lawsuit for vaccine injuries in Canada.

Let’s forget any arguments about stigmatizing the unvaccinated or shaming them on campus.  The issue of vaccination is one of public health for the community at large, and more specifically the health of students and staff at colleges and universities across both countries.  Indeed, as Delta variant cases rise in this fourth wave, one is seeing a change of heart by many postsecondary schools, a number of which have now introduced mandatory vaccination requirements.  Hopefully, more will continue to do so before on-campus classes commence.

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Mandatory COVID Vaccinations vs. Civil Liberties in North America

With the post-secondary school year not that far off, several colleges in Canada and in the U.S. have announced mandatory COVID vaccination policies for students, especially for those wanting to live in residence.  There reportedly are now well over 500 colleges and universities in the U.S. which are requiring vaccinations to come on campus in the fall, including the entire New York and California public systems.  Although these currently represent only about 10 percent of American colleges and universities, the numbers apparently continue to grow.  Here in Canada, with some exceptions, mandatory vaccination requirements for students have been slow to emerge.  For example, University of Toronto students living in dorms this fall will be required to be vaccinated.  Those moving into residence at Western University will be required to receive at least a first dose.  However, most Canadian colleges and universities only tend to strongly encourage all community members to get vaccinated as soon as they become eligible.

Cara Zwibel, director of the fundamental freedoms program at the Canadian Civil Liberties Association, views that such mandatory vaccination policies undermine the idea that vaccination is a choice.  Yet, Ontario schools require children and teens to be immunized against designated childhood diseases, unless they have a valid exemption.  Indeed, when it comes to introducing vaccination and medical mask requirements in workplaces, the province of Quebec leads the way in Canada.  A passport-based approach, which is still rare in Canada, will take effect this September in Quebec which will allow only fully vaccinated people to access non-essential places such as bars and gyms.  Last April, Quebec’s workplace health and safety board required that medical masks be worn at all times indoors in workplaces.  As well, additional restrictions have been placed on visitors to long-term senior residences for persons who are not fully vaccinated.  Most long-term care employers are now requiring employees to be fully vaccinated with few exceptions.  Otherwise, the non-vaccinated employees will face continuous COVID testing protocols and additional personal protective equipment requirements.

Mandatory COVID vaccination and masking requirements will continue to raise the eyebrows of civil liberties groups, arguing that vaccination and masking should be a choice.  However, health and safety specialists will counter by arguing that, by the very nature of the coronavirus and how it quickly spreads, there are situations where congregate living situations (residences) and shared common spaces make it challenging to isolate or quarantine should someone become infected.  From various surveys, it would appear that otherwise healthy young people taking a more vaccine-hesitant stance is not about an infringement on their civil liberties, but more about complacency.  As a society, we place all kinds of requirements on our citizens to protect the overall health and safety of our communities, especially in workplaces.  Under certain circumstances, it would appear that mandatory COVID vaccination requirements to safeguard oneself and others from the spread of this dangerous virus make sense.  The continuing reluctance of the majority of institutions to not introduce these requirements and to take a wait and see approach is inviting future outbreaks and possible lockdowns in both countries.

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