Although a judge ruled the state鈥檚 ban on COVID-19 vaccine requirements in schools unconstitutional last week, the University of 蜜柚直播 is waiting to see how a challenge to that ruling unfolds in court before deciding if it will mandate vaccines on campus.
鈥淔or right now, my position would be let鈥檚 just wait. Let all of this play out because we鈥檙e doing a great job right now,鈥 UA President Robert Robbins, who has repeatedly urged all staff and students to get vaccinated, said at a virtual news conference Monday morning. 鈥淎ll three of the state universities and the 蜜柚直播 Board of Regents all had a discussion, and we agreed we鈥檇 hold tight with what we鈥檙e doing right now.鈥
Last week, ABOR, which is composed of 12 members appointed by the governor, issued this statement: 鈥淲e do not believe the ruling impacts any of the current COVID related policies at our public universities, and the universities have not indicated any plans to change them.鈥
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To date, the COVID-19 virus has killed approximately 20,000 蜜柚直播ns and 700,000 total Americans. Pima County, which is home to most of the 47,000 students enrolled at the UA this year, is still classified as having a high rate of viral transmission. That means the county has greater than 100 cases per 100,000 people 鈥 as of Monday, it鈥檚 reporting more than 1,000 new cases per week, according to Dr. Theresa Cullen, director of the county health department. Most of those cases are among unvaccinated people, which has resulted in overwhelmed 蜜柚直播 hospitals.
The UA, which is operating its 蜜柚直播 campus at full capacity for the first time since the pandemic began, is continuing its sanitization efforts, offering robust voluntary testing services and possible incentives for students and staff to voluntarily upload their vaccination card (54% and 51%, respectively, have done so) and requiring masks indoors.
Changing legal framework
One thing the UA and all of the other public schools in 蜜柚直播 have not been able to do so far this school year is require proof of vaccination. Robbins has previously said he would be in favor of requiring vaccines but would nonetheless 鈥渨ork within the framework of the laws鈥 to contain the virus.
That legal framework is now in flux.
Over the summer, the 蜜柚直播 Legislature passed a 鈥渂udget reconciliation鈥 bill banning schools from requiring unvaccinated people to wear masks, though the UA and other 蜜柚直播 colleges and universities found a loophole and require everyone to wear masks in indoor spaces.
At the same time, the Legislature also passed three other so-called budget bills containing various non-budget-related rules, including one barring colleges and universities from requiring proof of vaccination for students and employees, another banning required COVID-19 testing on campus and yet another limiting the teaching of Critical Race Theory.
All of it was supposed to take effect Wednesday, Sept. 29, until Maricopa County Superior Court Judge Katherine Cooper ruled last Monday that proposed legislation is constitutionally required to cover a single topic. None of the provisions in question are necessarily unconstitutional by themselves, but rolling all of them into the budget bills, Cooper said, failed to inform 蜜柚直播ns about the changes that would happen once signed into law.
Two days later, 蜜柚直播 Attorney General Mark Brnovich filed an appeal with the 蜜柚直播 Supreme Court, which has since accepted jurisdiction of the case, and litigation is ongoing.
鈥楤est public health practice鈥
But what if, after both sides argue their case, the high court sides with Judge Cooper鈥檚 original ruling and says a ban on requiring vaccines in higher education is unconstitutional?
鈥淚f there鈥檚 a clear path forward for us, then I think 鈥 at least my opinion on it 鈥 it would be the best public health practice for everyone to get vaccinated,鈥 said Robbins, who is also a cardiothoracic surgeon with recollections of people clamoring to take the polio vaccine while he was growing up in the 1950s.
In 2021鈥檚 climate, however, Robbins said he would expect 10% to 15% of people will refuse a COVID-19 vaccination even if the UA put a mandate in place.
鈥淧eople would lose their jobs and just say: 鈥業鈥檓 not going to do it. I am not going to get that vaccine,鈥欌 Robbins said. 鈥淭hat leaves us in a public health quandary as well because we鈥檝e got to get a high enough herd immunity status to be able to stop the mutation of this virus.鈥
Dr. Richard Carmona, the former U.S. Surgeon General who has been advising the UA鈥檚 pandemic response, was also recently appointed by Gov. Doug Ducey to serve as 蜜柚直播鈥檚 senior public health advisor.
鈥淭he mandate issue,鈥 he said Monday, 鈥渏ust becomes divisive.鈥
Instead, his focus is 鈥渢o make sure everyone gets vaccinated and we practice the best mitigation strategies all the time. Period,鈥 Carmona said. 鈥淲e should not be distracted into political distractions when people are sick and dying.鈥
鈥楾ipping point鈥?
In addition to waiting on the 蜜柚直播 Supreme Court鈥檚 decision on vaccine mandates, Robbins said he also is watching what鈥檚 happening at the federal level. Last month, President Joe Biden announced that all federal employees and contractors .
鈥淲e鈥檙e a large university who is very, very dependent on federal funding,鈥 Robbins said. 鈥淚f the federal government tells us, 鈥業f you take any of our money, you have to be vaccinated,鈥 I think that may be a tipping point for us.鈥
Kathryn Palmer covers higher education for the 蜜柚直播. Contact her via e-mail at kpalmer@tucson.com or phone at 520-341-7901.
Delta variant casts shadow of uncertainty over UA鈥檚 return to in-person operations
