Designing COVID-19 Vaccine Mandates in Colleges and Universities: A Roadmap to the 10 Key Questions

Wolf, SM, Hodge JG. Designing COVID-19 vaccine mandates in colleges & universities: A roadmap to the 10 key questions. Journal of Law & the Biosciences. 2022; __(_): __-__ (Forthcoming).

15 Pages Posted: 21 Dec 2021

See all articles by Susan M. Wolf

Susan M. Wolf

University of Minnesota Law School

James G. Hodge

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: December 17, 2021

Abstract

COVID-19 transmission among students, faculty, and staff at U.S. institutions of higher education (IHEs) is a pressing concern, especially with the dominance of the highly contagious Delta variant and emergence of the Omicron variant. To protect their populations and surrounding communities, IHE administrators are increasingly considering COVID-19 vaccine requirements. Roughly one-quarter of the nearly 4,000 college and university campuses across the U.S. have announced COVID-19 vaccine mandates for students or employees. Deciding to require vaccination is only the first of multiple decisions, as IHEs face complex issues of how to design and refine their mandates, including whether to require boosters. Mandates vary significantly in stringency, implementation, impact on members of the college or university community, and net benefit to the institution. This essay examines 10 key questions that IHEs face in designing or refining a COVID-19 vaccination mandate. Showing that these 10 questions were carefully considered may be crucial if the institution’s mandate is challenged. Ultimately, how an IHE designs its mandate may make the difference between meaningful risk mitigation that advances institutional goals and benefits students, faculty, and staff versus a public health failure that erodes trust, raises equity concerns, threatens to undermine preexisting vaccination requirements, and divides the campus.

Keywords: colleges, universities, institutes of higher education, COVID-19, vaccination, vaccine, booster, mandate, law, policy, ethics, public health, risks, students, religious exemption, courts, litigation, constitution, First Amendment

Suggested Citation

Wolf, Susan M. and Hodge, James G., Designing COVID-19 Vaccine Mandates in Colleges and Universities: A Roadmap to the 10 Key Questions (December 17, 2021). Wolf, SM, Hodge JG. Designing COVID-19 vaccine mandates in colleges & universities: A roadmap to the 10 key questions. Journal of Law & the Biosciences. 2022; __(_): __-__ (Forthcoming). , Available at SSRN: https://ssrn.com/abstract=3988757 or http://dx.doi.org/10.2139/ssrn.3988757

Susan M. Wolf

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-625-3406 (Phone)
612-624-9143 (Fax)

HOME PAGE: http://www.law.umn.edu/facultyprofiles/wolfs.html

James G. Hodge (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Sandra Day O'Connor College of Law
111 E. Taylor Street, MC 9520
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

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