In a Surprise to None, the California University Systems Take the First Step to Mandating the EUA/Investigational COVID Vaccine

In a Surprise to None, the California University Systems Take the First Step to Mandating the EUA/Investigational COVID Vaccine

It is being reported in the media today, April 22, 2021, that California’s state university systems are going to mandate the COVID vaccine. Here is one such article.
https://www.wboy.com/news/national/californias-public-universities-to-require-covid-19-vaccine/

The UC system is circulating a draft policy statement to seek input from the community (don’t count on your voice being heard if you are against it). Here is the draft policy statement.

review-draft-sars-cov-2-vaccination-program-participation-policy-04212021(1)

Me and everyone else with a pulse and an interest in the vaccine issue have known this was coming. Last year, the UC infectious disease mafia brought you the mandatory flu vaccine, despite the predictions that COVID would all but eliminate the flu season. And guess what, it did.

Recently, there has been an almost constant drumbeat in the media about the “hand to hand” combat that is going to take place against the other quarter to half of the population who are not enthusiast about taking a vaccine for which there are no long term safety studies and which has been associated with a not insignificant number of deaths and which if I recall correctly, more deaths than have been reported from all or most of all the other vaccines combined (and if I am wrong about that, someone please correct me.)

Universities in other states have also announced plans to make the COVID vaccine mandatory, including Rutgers in New Jersey, and I am told, the University of Denver. I am not sure how they get away with that exactly since under federal law, EUA products supposedly can’t be mandated. Moreover, as I have pointed out in many previous posts, California has a statutory Nuremberg Code, which supposedly requires voluntary informed consent for experimental drugs. And yes, I am using “supposedly” quite a bit because I think courts will try to bend over backwards to try to uphold these university policies “to protect the public”, but if they do, it is going to take so pretty fancy footwork because not since the dark times of the Third Reich have people been forced to take experimental treatments, and federal law is very clear that it can’t and shouldn’t be done.

Will there be challenges to these university COVID mandates? In California, for sure yes there will be, this time perhaps in federal court. Other states? If the COVID mandate comes to New York, there will be litigation! There are many skilled New York attorneys knowledgeable about the subject who are ready to pounce on this. Other places, I’m not so sure, but establishing precedent in one place could help with other places as well.

At some point, me and/or some of my legal colleagues will probably be reaching out for plaintiffs in round two of the UC vaccine wars, and this time, there might be more than one lawsuit!

That’s about all for now. Anyone with access to the goings-on, keep good notes, collect documents and let’s see what surfaces.

Rick Jaffe, Esq.

4/23 addendum: Yes, there is talk in the drafts about not making it mandatory until full approval, but two points: 1. In last year’s UC flu mandate, it was only a strong recommendation until after the advisory committee completed its work, and then it got transformed into a mandate. 2. Universities are starting to implement a straight-up mandate for the EUA vaccines. The UC has some of the most aggressive infectious disease pro universal vaccination-to-better-public-health advocates in the country, (or as I refer to them, the Infectious disease mafia) and I don’t see them not mandating EUA as more and more universities jump on the bandwagon. But I hope I am wrong about this because I don’t see the vaccines being fully approved prior to the start of next semester.

15 thoughts on “In a Surprise to None, the California University Systems Take the First Step to Mandating the EUA/Investigational COVID Vaccine

  1. My son goes to SFSU and I just found this out today. From what I read, it sounds like they will only be mandating it when it has been fully FDA approved. (?) So I guess that means they’re confident it will be approved soon. They will also allow for medical and religious exemptions. No idea how difficult getting a religious exemption will be here in CA though. Anyone know?

  2. UC Mafia is a joke!! Where is this “Declination form” they mention?
    I like the “A person who is granted a Medical
    Exemption may be required to adhere to compensating controls including additional
    Non-Pharmaceutical Interventions for the health and safety of the University community.”

    “Compensating controls and non-pharma” interventions, such as???
    Sad this has become a WWI German state!!

  3. Cannot believe students would go along with a mandate without a major protest given demographics of students and their freedom of choice voices. I would think UC Berkeley students would lead the way on the ‘my body my choice motto’

    1. According to the letter from CSU, “In the many conversations that we have had with students and colleagues, many expressed support for a mandatory vaccine requirement. In fact, our students and the California State Student Association have been very vocal in their support for this requirement.”

    1. I HAVE REVIEWED THE CURRENT INTERIM POLICY STATEMENT FROM UC AND THE SUMMARY AS FOLLOWS:

      “The purpose of this policy is to protect the health and safety of the University community, including its patients and the faculty, staff, trainees, and others who work or train in any of the University’s locations. The policy requires all University of California personnel and certain trainees working or learning on-site to participate in education about the SARS-CoV-2 vaccines that will be available and either consent to administration of the vaccine or affirmatively opt out of SARS CoV-2 vaccination.”

      IT APPEARS TO ME THAT A PARTICIPANT MAY “OPT OUT” BY SIGNING A STATEMENT AND THEN THERE ARE SPECIFIC INSTRUCTIONS FOR WEARING PPE FOR THAT EMPLOYEE. I FAIL TO SEE HOW THIS IS MANDATING VACCINATION ALTHOUGH IT DOES MANDATE PARTICIPATION IN THE PROGRAM WHICH OFFERS AN “OPT OUT” FEATURE.

      1. this is a draft and the beginning of the process. FYI: The UC’s flu mandate last year started as just a “strong recommendation” until it was turned into a mandate by one person after the committee process ended, so forgive my scepticism and caution, and other schools are doing it.

          1. I think the way it will play out is that this is the first step. Other Universities have a straight-up mandate, Rutgers, University of Denver. Same with Bowdain as pointed out. As more and more schools make a straight mandate, the very aggressive infectious disease experts at the UC will cajole the committees that the UC can’t be a laggard on this issue; It has some of the country’s leading vaccinologists and promoters of universal vaccination. I don’t think they’re going to allow the UC not to jump on the mandatory bandwagon.

          2. SOUNDS PROBABLE AS YOU DESCRIBE.

            THE OTHER CONSIDERATION IN THE “MIX” IS THAT THERE IS STILL A LAWSUIT PENDING AGAINST UC, CORRECT? THIS IS THE ONE THAT WAS SEEKING AN INJUNCTION, DIDN’T GET IT, BUT STILL HAS TO PLAY OUT ON THE COURT’S CALENDAR AND THAT ONE SHOULD BE WINNABLE. IF I RECALL CORRECTLY THAT ONE HAS JAFFE AND KENNEDY?

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