May 10, 2021

A growing number of colleges and universities have announced they will require students, faculty, and/or staff to receive a COVID-19 vaccine as a prerequisite for attending the institution for the 2021-2022 academic year.[1] Higher education institutions that have announced such plans include public universities such as the University of California and California State systems and private colleges such as Georgetown and Yale. Vaccine requirements are already ubiquitous in higher education[2], however, colleges and universities should be aware of important issues to consider when deciding whether and how to mandate COVID-19 vaccination. Counsel for an anti-vaccine group, the Informed Consent Action Group, has already sent Rutgers, the first university to announce such plans, a formal letter asking the school to rescind the requirement.[3] While such requirements are likely to be upheld, legal challenges appear inevitable.

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