BLOOMINGTON, Ind. — A group of IU students filed a federal lawsuit Monday against the university over its vaccine requirement.
The students say the requirement violates their constitutional rights, as well as Indiana's vaccine passport law. The lawsuit claims any student who doesn't provide proof of vaccination is subjected to "virtual expulsion" from the school.
In May, the university announced it would require students and employees to be fully vaccinated — and show proof of their vaccination. After pushback from state lawmakers and Indiana Attorney General Todd Rokita, the school eliminated the requirement to provide documentation of vaccination.
Instead, the school is letting students offer up that information voluntarily, in exchange for ditching masks and social distancing on campus.
IU is also offering incentives to students and staff to get more people to voluntarily share their proof of vaccination.
The university is giving away more than $70,000 in prizes. Students, faculty and staff are eligible to receive prizes, which include things like dining credits, gift cards and tuition credit.
"IU's Mandate violates the constitutional rights of IU's students—it requires all IU students without any meaningful exemptions to take the COVID vaccine," said James Bopp, Jr., lead counsel in the lawsuit. "In fact, no other government entity, not the FDA, not the CDC, not the State of Indiana, not any county government, and not any other Indiana public university, requires a COVID vaccination."
In response to the lawsuit, IU sent 13News the following statement:
The requirement for all Indiana University students, faculty and staff to be fully vaccinated before the return to school in August remains in place. As part of IU’s response to the ongoing pandemic, the vaccine mandate is helping to support a return to safe and more normal operations this fall.
The university is confident it will prevail in this case. Following release of the Indiana attorney general’s opinion, our process was revised, with uploading proof of vaccination no longer required. The attorney general’s opinion affirmed our right to require the vaccine.
IU said it will consider exemptions from the requirement in some special cases:
- Religious exemptions
- Medical exemptions with documentation from your provider of an allergy to the COVID-19 vaccines or their components
- Medical deferrals for the following circumstances with a note from your provider:
- Active pregnancy or active breastfeeding only if the provider is requesting an exemption. The exemption lasts only until you're no longer actively pregnant or actively breastfeeding. Pregnancy and breastfeeding are not contraindications for vaccination.
- Immunocompromised individuals only with provider request for an exemption and only for those who have recent (within the past 3-6 months) hematopoietic or solid organ transplant, or on active treatment with Rituximab within the past 3-6 months.
- Have received COVID-specific monoclonal antibodies in the past 90 days.
- An online program exemption for students who are in a 100% online program with no on-campus component. This must be an online program; not simply taking all online classes.
According to its website, individuals who choose not to adhere to the vaccine requirement could see their class registrations canceled and lose access to campus activities.