GMU COVID-19 Vaccination Policy Target Of Professor's Lawsuit

ARLINGTON, VA — The New Civil Liberties Alliance has filed a lawsuit against George Mason University for requiring all students and employees to be fully vaccinated for COVID-19 by Aug. 15, according to a release.

The nonprofit filed the suit late Tuesday night in U.S. District Court for the Eastern District of Virginia on behalf of Todd Zywicki, a professor in GMU's Antonin Scalia Law School in Arlington. Zywicki opposes the university's COVID-19 vaccination requirements and associated punishments for those who fail to comply.

GMU students already enrolled at the Fairfax-based school were required to be fully vaccinated and provide proof of their status, or documentation showing a medical or religious exemption, by Aug. 1. All students enrolling after that date must be fully vaccinated.

Similarly, current employees including faculty and staff were required to report their vaccination status to GMU by Aug. 1.

All employees are required to have received at least one dose of the COVID-19 vaccine by Aug. 15 and provide the university with proof that they are fully vaccinated by Oct. 1. Employees starting after Aug. 15 must submit proof that they've received at least one vaccination within 45 days of their start date. In all cases, employees can also provide information about medical or religious exemptions.

GMU's COVID-19 policy includes penalties for students and employees who fail to meet its immunization requirements.

In the case of students, the policy reads:

"Failure to submit the required documentary proof of vaccination or be approved for an exemption by the required date may result in a hold being placed on the student’s account, late fees, disciplinary action, including suspension or expulsion, and other appropriate actions. Residential students who are not in compliance will not be permitted to live on-campus."

In the case of employees, the policy reads:

"Failure to provide vaccination status information or submit the required documentary proof of vaccination or be approved for an exemption by the required dates may result in disciplinary action up to and including termination or other appropriate actions."

NCLA's filing argues that since Zywicki recovered from having COVID-19, he is immune to the illness and therefore does not need to be vaccinated.

The filing includes a statement from Zywicki’s immunologist, Dr. Hooman Noorchashm, asserting that the patient's personal health and immunity status makes immunization medically unnecessary.

Affidavits from Noorchashm and two other physicians say that Zywicki's immunity means he presents no health risk to GMU students or fellow employees. Instead, the requirement that he be vaccinated puts his health at risk without any benefit to him or others.

"NCLA urges the Court to issue a declaratory judgment that GMU’s reopening policy infringes Prof. Zywicki’s right to bodily integrity and to refuse unnecessary medical treatment; that it represents an unconstitutional condition that also denies him due process of law; and that it conflicts with the federal EUA statute and thus violates the Supremacy Clause," NCLA said. "For these reasons, NCLA also asks the [court] to enjoin enforcement of the policy."