Expulsion from a private university

[Lot249]

A resident of New Jersey, the university is in New York.

Can a private university expel a student who refuses their mandate requiring all new and returning students to take a covid 19 booster shot?

If the answer is yes, can the university be held accountable if the student experiences harmful and/or hurtful side effects from the booster shot?

 

[quincy]

A resident of New Jersey, the university is in New York.

Can a private university expel a student who refuses their mandate requiring all new and returning students to take a covid 19 booster shot?

If the answer is yes, can the university be held accountable if the student experiences harmful and/or hurtful side effects from the booster shot?

Yes to question number one. No to question number two.

If the university requires a vaccine booster shot and there is legitimate medical documentation showing the student cannot safely get the booster shot, the university might allow for the student to test and mask as an alternative. The university is not responsible, however, for adverse reactions to vaccines.

 

[adjusterjack]

Can a private university expel a student who refuses their mandate requiring all new and returning students to take a covid 19 booster shot?

Yes.

can the university be held accountable if the student experiences harmful and/or hurtful side effects from the booster shot?

No.

 

[cbg]

Coming to you straight from the admin offices of a major university in Massachusetts:

If there is a real reason to assume that there will be a serious medical reaction (i.e. previous medical reactions in similar situations) I'm sure there is a medical exemption that the student can get that will be honored and prevent expulsion.

If this is simply a fear that there might be a reaction, then see the above answers.

 

[quincy]

Jacobson v. Massachusetts:
https://www.law.cornell.edu/supremecourt/text/197/11

Zucht v. King:
https://www.law.cornell.edu/supremecourt/text/260/174

American Bar, “Not Breaking News: Mandatory Vaccination Has Been Constitutional for Over a Century:”
https://www.americanbar.org/groups/litigation/committees/mass-torts/articles/2021/winter2022-not-breaking-news-mandatory-vaccination-has-been-constitutional-for-over-a-century/

For reference.

 

[adjusterjack]

Not to mention the handful of anti-mandate cases declined by the US Supreme Court, effectively upholding those mandates.

 

[quincy]

Not to mention the handful of anti-mandate cases declined by the US Supreme Court, effectively upholding those mandates.

Public health and safety is a pretty big trump* card held by those mandating vaccinations.


*refers to the game of bridge

 

[Lot249]

Thanks so much for your responses. The parents are hesitant to accept the mandate because their youngest son was adversely affected when he took the flu shot about 7 years ago. His nervous system was compromised and he suffered involuntary body movements and facial tics for about 5 years. Fortunately, both symptoms have ceased to be a problem. Thanks again for your help.

 

[Just Blue]

Thanks so much for your responses. The parents are hesitant to accept the mandate because their youngest son was adversely affected when he took the flu shot about 7 years ago. His nervous system was compromised and he suffered involuntary body movements and facial tics for about 5 years. Fortunately, both symptoms have ceased to be a problem. Thanks again for your help.

He is in college and an adult. The choice is his to make. And considering this is a booster shot, and he already had that one and two vaccines, the likely hood of an adverse reaction from the booster is minimal.

 

[quincy]

Thanks so much for your responses. The parents are hesitant to accept the mandate because their youngest son was adversely affected when he took the flu shot about 7 years ago. His nervous system was compromised and he suffered involuntary body movements and facial tics for about 5 years. Fortunately, both symptoms have ceased to be a problem. Thanks again for your help.

Parents worry about their kids. It is just what they do. If their son had an adverse reaction once to a flu shot, it is understandable that these parents have increased concerns when it comes to vaccines.

The parents can encourage their son to discuss with a medical professional his medical history, however, before taking the booster.

It is important to note that the Pfizer and Moderna Covid vaccines are far different than the flu vaccines. They do not share the same ingredients. Unlike the flu vaccines, the Pfizer and Moderna vaccines are mRNA-based and do not contain any form (live or inactivated) of the virus itself. They also do not contain any common allergen (like eggs).

 

[FlyingRon]

Note, that I'm not aware of anything in the education titles (even private universities usually take some public funding) that requires an accommodation here, but it's quite possible the University might provide one if you ask nice. Being afraid of a reaction isn't a "disability."

 

[Lot249]

Thank you.

 

[quincy]

Thank you.

We all appreciate the thanks, Lot249, so thank you.

 

[quincy]

Temporary bump

 

[Taxing Matters]

Not to mention the handful of anti-mandate cases declined by the US Supreme Court, effectively upholding those mandates.

A refusal from the Supreme Court to take up any case should not be interpreted that the court would agree with the lower court's decision. All you can reasonably infer from it is that the court decided the issue was not important enough for it take up for review.