Private Colleges Eye COVID-19 Liability, Testing Concerns
"We cannot survive an avalanche of lawsuits for liability if someone gets sick on campus," says Bob Boyd, president of the Independent Colleges and Universities of Florida, which represents schools throughout the state.
August 04, 2020 at 08:36 AM
4 minute read
As private colleges and universities set plans to reopen amid the COVID-19 pandemic, the head of a statewide association is raising concerns about liability protections and virus testing costs.
Whether institutions can be held liable for students, faculty and staff members getting sick on campus is a top concern for school leaders as they gear up to reopen campuses for the fall term.
"The way I look at it is professors and our campuses are front-line workers because we're bringing in a lot of students from around the country and there's going to be some positive tests," said Bob Boyd, president of the Independent Colleges and Universities of Florida, which represents schools throughout the state. "We cannot survive an avalanche of lawsuits for liability if someone gets sick on campus."
Private colleges and universities are not requiring students to sign waivers to enroll for the fall, but Boyd said some institutions are asking students to sign waivers for certain voluntary activities.
Part of the reason broad waivers are not being required is because it remains unclear how enforceable they would be during the COVID-19 pandemic, Boyd said. That's why he is making a priority of trying to get private colleges and universities in a bill during the upcoming legislative session that would provide liability protections related to COVID-19. Businesses also are seeking such protections.
"If we suffer an avalanche of these lawsuits, we could fall over the edge," Boyd said.
He is working with Associated Industries of Florida, one of the state's largest business lobbies, to help with the issue.
Boyd's group, commonly known as ICUF, was also among a long list of associations that sent a letter to Congress last week asking leaders to include liability protections for the nation's higher-education institutions in a new COVID-19 relief package.
"We are not seeking a free pass to avoid responsibility. These protections will be conditioned on following applicable public health standards, and they preserve recourse for those harmed by truly bad actors who engage in egregious misconduct," the letter said.
As liability concerns linger, all 30 colleges and universities that make up ICUF are preparing for faculty members and students to return to campus in August and September. Students were sent home from campuses in March to prevent the spread of the coronavirus.
The reopening plans for most schools include a mix of online education and face-to-face classes, a reduction in class sizes to allow social distancing, face mask requirements, enhanced cleaning procedures and installation of Plexiglas barriers in classrooms.
While monitoring pandemic conditions, some universities have also pushed back the start of the first day of school. Rollins College in Winter Park plans to resume in-person classes on Sept. 14, the latest start for any of the ICUF schools.
Testing protocols at each private college and university will be a key component in the reopening process. Boyd said it is too costly to do universal testing, so institutions will be focused on targeted testing on campus and will encourage students and faculty to undergo testing for COVID-19.
"If somebody tests positive, you test all the folks and the cohort that they were close to and that kind of thing, but nobody has the funding to be able to test so broadly that you test every student," Boyd said.
Testing will be even more targeted in athletic departments after an announcement by the Sun Conference's Council of Presidents that they intend to resume fall sports.
"We believe we have an opportunity to have successful fall seasons, but that will only be possible if everyone in our conference family, and especially our student-athletes, are steadfast in doing their part to create a safe environment," Sun Conference Commissioner Dustin Wilke said in a statement July 23.
In accordance with National Association of Intercollegiate Athletics guidelines, seven Florida private schools that are part of the Sun Conference will be testing all athletes and coaches, Boyd said.
Ave Maria University, a Catholic university in Collier County, noted in its fall reopening plan that in addition to coaches and players, athletic department staff members will undergo COVID-19 testing.
Each test will cost $45 and will have a 48-hour turnaround time through an agreement with Gravity Diagnostics in Kentucky, Boyd said.
"Testing is so expensive, and we're hoping that if the state makes money available for testing in the public [colleges] sector, that they don't forget about the independent sector," Boyd said.
Ana Ceballos reports for the News Service of Florida.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHow Uncertainty in College Athletics Compensation Could Drive Lawsuits in 2025
St. Thomas University Settles With Fired Professor Who Had Alleged Academic Freedom Violations and Discrimination
9 minute readEx-St. Thomas Univ. Law Professor Sues School Over Firing, Alleging Defamation
4 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250