Per my past few posts, on Monday morning, we filed an application to file a motion for contempt and/or for alternative relief for a TRO mandating that the UC tell the UC community that the November 1st deadline had been abated until the judge hears our Preliminary Injunction motion on November 4th. I pointed out in our papers that the UC Regents website was still showing the November 1st deadline. The UC Regents has officially announced that the denial of access to UC facilities won’t start until after November 16th, at least for faculty and staff.
But there is a big rub. It seems like they have not extended the paperwork deadline for medical exemptions or religious accommodation past November 1st, which seems like more hair-splitting with the judge’s order.
Here are two questions and answers posted on the UC Net:
“Q4. Is there a penalty or consequence for faculty, other academic appointees, and staff if they do not get a flu shot?
A4. Individuals who do not certify that they have received the 2020-2021 flu vaccine or have an approved exemption or accommodation will not have access to University facilities effective November 16, 2020. If the inability to access University facilities affects an employee’s ability to perform job functions, supervisors will work with employees to find alternatives so they can continue to work.
Q7. Will faculty, other academic appointees, or staff working remotely this fall need to document immunization by November 1?
A7. If faculty, other academic appointees or staff working remotely need to access a UC facility at any time, they must certify by November 1 that they have received the 2020-2021 flu vaccine, have an approved exemption or accommodation, or have a pending request for an exemption or accommodation.”
Does this cover faculty and staff who work on campus?
I am not sure.
What about students?
They don’t seem to be covered in these FAQs, and this web site seems to be about faculty and staff.
I also saw that Berkeley’s Chief people officer (or whatever he’s called) has made a similar statement to Berkeley employees. I have no information about any other dissemination of the November 16th extension of the no access to campus order.
So, the only thing I can say for sure is that if you are faculty or staff working remotely but think you might have to be on campus at some point this year, then by November 1st, you have to have your paperwork in for a medical exemption (which is almost impossible to get) or religious accommodation, in order to be able to access a UC campus after November 16th, subject to the order of the court, currently scheduled to be finalized on November 4th.
Anything beyond that, well, your guess is as good as mine.
Rick Jaffe, Esq.