AG: IU Vaccination Ruling Violates State Law
Indiana Attorney General Todd Rokita
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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Attorney General Todd Rokita says Indiana University’s requirement for students, faculty and staff to show proof of vaccination from COVID-19 ahead of the fall semester “clearly runs afoul of state law.” Rokita cites House Enrolled Act 1405, passed earlier this year by the Indiana General Assembly, which prohibits state or local units, including public universities, from issuing or requiring proof of immunization.
Rokita issued an official public opinion in response to a request from State Representative Peggy Mayfield (R-Martinsville) and State Senator Andy Zay (R-Huntington).
“In response to the concerns of Hoosiers across the state, the Indiana General Assembly passed legislation earlier this year to ban government-issued COVID-19 vaccine passports,” Mayfield said in a news release. “Under this law, I agree with the attorney general, as it was my intent, that public entities, including state universities, can’t require proof of the vaccine. Hoosiers should have the right to make healthcare decisions that best suit their families, their personal medical circumstances, and a broad interpretation of their religious beliefs – a concept that we’re disappointed to see Indiana University has rejected.”
However, Rokita does note that while the law prohibits universities from requiring proof of vaccination, they are not prohibited from requiring the vaccination itself. He cites Purdue University’s COVID-19 vaccination policy, which allows students to participate in “frequent, mandatory surveillance testing” for COVID if they do not wish to show proof of vaccination.
“Purdue seems to be using a procedural loophole by not technically requiring the vaccinated student to produce the immunization record,” Rokita said in his opinion.
A spokesperson for IU provided the following statement to Inside INdiana Business:
Indiana University is requiring the COVID-19 vaccine because it’s the only way the university can confidently return to the experiences and traditions our students, faculty and staff have told us are important to them: in-person classes, more in-person events and a more typical university experience.
In yesterday’s opinion, the attorney general affirmed that it is legal for us to require a vaccine, including one under an Emergency Use Authorization (EUA). His opinion questioned specifically the manner in which we gathered proof of vaccination. Although we disagree with that portion of his opinion, we will further consider our process for verifying the requirement.
The science is clear that we need a higher rate of immunity within our IU community. With the new requirement, most restrictions on masking and physical distancing this fall, as outlined in the fall health and safety guidelines announced this week, can be lifted. Requiring the vaccine is the best and fastest way to make sure that happens.
In a statement, Zay said he hopes to take action in the next legislative session “to close the apparent loopholes that exist in HEA 1405 to ensure state-funded universities like Purdue and Indiana University must comply with the legislature’s intent to thwart government overreach and safeguard the individual liberties of their students, faculty, and staff.”
You can view Rokita’s full opinion below or by clicking here.