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His sentiments are supported by his immunologist, who informed him that receiving a vaccine would be medically unnecessary, as well as a joint declaration from Dr. Jay Bhattacharya and Dr. Martin Kulldorff, prominent medical professors at Stanford and Harvard respectively. The 14th Amendment protects due process and equal protection under the law. As it relates generally to the steps Mason is taking to protect its community against COVID-19, the decisions the university has made have been guided by currently available medical and scientific information and the guidance issued by federal and state public health agencies. A forcible injection into a nonconsenting persons body represents a substantial interference with that persons liberty[. Registration or use of this site constitutes acceptance of our Terms of Service and Privacy Policy. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. or redistributed. Professor Zywicki and NCLAs victory is certainly a welcome one. That little known side effect of masks that make one unable to explain what consideration means. Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox. We've received your submission. He claims that wearing a mask will hinder his ability to teach his 61-student contracts course this fall, and that social distancing requirements will make it impossible to hold office hours and attend faculty workshops and other campus events. Abuse victims of doctor sue University of Michigan over public It is extended to faculty and staff for COVID-19 because the extraordinary nature of the pandemic demands it, Washington said. The University of California Office of the President on Thursday forwarded a Fox News request for comment on the matter to the University of California Health. George Mason University has mandated all students to submit proof of their COVID-19 vaccinations to the university by August 1 to be permitted on campus for the fall semester. To dispense with whatever minuscule doubt the reader may have, this is obviously a story about George Mason University Law School. Furthermore, established case law enshrines the right to bodily integrity. GMU is one of many large Virginia universities with this requirement, including James Madison University, Virginia Tech, University of Virginia, Virginia Commonwealth University and others around the commonwealth which are all requiring proof of vaccination for students, staff and faculty wishing to be present on campus. (The Centers for Disease Control and Prevention recommends that even those who have contracted COVID-19 get vaccinated.). ", Man sentenced to life in prison for killing former boss in 2021, Rockville man sentenced to life in prison for killing former boss in 2021, 'There may be additional victims' | Teen facing charges in connection to several assaults in Arlington, Staying mostly cloudy and chilly again Tuesday, Live Updates | Tornado that hit Great Neck area of Virginia Beach was EF-3, NWS says, released by the Centers for Disease Control (CDC) on Aug. 6, Unvaccinated COVID survivors twice as likely to get reinfected, CDC study shows, Law professor sues over vaccination requirement, says he already had covid, doesn't need vaccine, No mask mandate for Fauquier schools, despite county's 'high' COVID transmission rate, DC government employees, DCPS teachers must be fully vaccinated by September 19, Bowser says, States don't know who is vaccinated when records don't cross state lines. For example, in Speiser v. Randall, 357 U.S. 513 (1958). Ethan also serves as the director of the Mark Twain Center for the Study of Human Freedom at Trinity College and is also involved with Students for Liberty. Research shows that coronavirus immunity wanes over time. By Scott Jaschik. A spokesperson for the university didnt respond to a request for comment from The Post on Wednesday. Professor sues over CA schools vaccine mandate, says hes naturally immune to COVID. The study is not yet peer-reviewed, but follows what other doctors and U.S. political leaders have said in recent months. Todd Zywicki has already contracted COVID and recovered, which he reasons should exempt him from any vaccination requirement. Fox News Flash top headlines are here. that is degrading to another person. However, before going into his criticisms, Zywicki is conscientious enough to resolve the logical gap facing conservatives everywhere in the second real sentence of the whole complaint. George Mason University grants vaccine exemption following prof's Zywickis complaint says he applied for an exemption to the policy on medical grounds but was denied because the university does not accept that people with COVID-19 antibodies should be treated on par with vaccinated individuals. AIER contributor Jenin Younes is also a member of their litigation team and one of the attorneys on this case. The professor claims his doctor has advised him that he has an elevated risk of side effects from the vaccines. Get notified of new articles from Ethan Yang and AIER. 2023 FOX News Network, LLC. The policy is also deficient of proportionality, as the school indicates no intention to assess the level of antibody level of its targets. Zywicki contends that his natural immunity from having recovered from a natural Covid-19 infection gives him equal if not superior protection than vaccines. vaccine policies have triggered lawsuits and But protecting liberty requires constant vigilance. Covid News: Florida Sues The move is also mysterious, given the relevance of the matter. Having to get a vaccination after having had the virus could be dangerous, the lawsuit claims, and the school shouldnt be able to require vaccines that have yet to receive full FDA approval. A California professor is suing his schools officials over a COVID-19 mandate, saying that he already contracted the virus and is naturally immune. Aaron Kheriaty, Texas AG Ken Paxtons COVID-19 vaccine investigation could stick (Reuters) - A George Mason University law professor has sued the Virginia university's leadership in federal court over its reopening policy, alleging its requirement that unvaccinated employees wear masks on campus and submit to COVID-19 testing violates his constitutional rights. Dr. Todd Zywicki says he tested positive for COVID-19 in March No racism, sexism or any sort of -ism ", WATCH NEXT:Spotsylvania reverses course, issues mask mandate for public schools. After the allegations surfaced in an article in Mother Jones that appeared Friday, the university strongly defended its handling of the case and said that there was no evidence to back up the allegations.. Don't knowingly lie about anyone Zywicki said he feels the policy is the school's way of trying to coerce him to undergo "an unnecessary and potentially risky medical procedure for no good reason.". At the very least, the decision should be left to Professor Zywicki and his doctors without coercion applied by the University.. All rights reserved. Oh. This is why we dont harvest organs without consent, even if doing so would save many lives. By imposing such impediments, the Policy prevents Professor Zywicki from carrying out his responsibilities as successfully as his vaccinated colleagues, jeopardizing his teaching evaluations, future student enrollment, opportunities for academic collaboration, reputational standing, pay raises, and other professional opportunities, the complaint reads. George Mason University granted a medical exemption, Eliminating Property Rights Destroys Social Order, What Are We For? each comment to let us know of abusive posts. ', https://t.co/BLSXLJtQGjLast night I, along with my incredible colleagues @NCLAlegal, filed a lawsuit in fed court in VA against GMU on behalf of @ToddZywicki, arguing that he should not be subject to the vaccine mandate b/c he has natural immunity. Zywicki appears to be the first faculty member at a U.S. university to sue over masking and social distancing requirements for the unvaccinated. 2023 NYP Holdings, Inc. All Rights Reserved, Finally! Notifications can be turned off anytime in the browser settings. It alleges that the public universitys vaccine policy violates Zywickis right to privacy and due process, among other claims. George Mason University does not comment on specific ongoing litigation and therefore has no comment on the specifics of Dr. Zywickis lawsuit, said Robin Rose Parker, a spokeswoman for the university. In August, Kheriarty sued the University of California Board of Regents and Michael V. Drake, the systems president, alleging he should be exempt from the universitys vaccine mandate because he has a natural immunity to COVID-19 after being exposed to the virus. "And they bypass the process of informed consent thats so central to good clinical medicine.". These actions would be violations of the 9th and 14th Amendments as well as the Supremacy Clause. Among other things, it holds that vaccines like those used for Covid-19 must be subject to informed consent. The program, which rebranded itself as ASSLaw[1] a few years ago continues to live up to its name. A Challenge for Classical Liberals in the Academy, Creative Commons Attribution 4.0 International License. Professor who had COVID sues George Mason University over Justice Robertss Wife Making Money Isnt The Own You Think It Is: Focus on the actual scandals like Gorsuch and Thomas. But if first you dont succeed try and waste judicial resources again. Laura Newberry is a reporter with the mental health initiative at the Los Angeles Times and writes Group Therapy, a weekly newsletter. Use the 'Report' link on She previously worked on The Times education team and was a staff reporter at both the Reading Eagle in Eastern Pennsylvania and MassLive in Western Massachusetts. The exterior of the Houston Methodist Hospital is pictured on June 9, 2021 in Houston. Zywicki names the president of the school and numerous other officers as the defendants in his suit Zywicki v Washington. He has also held research positions at the Cato Institute, the Connecticut State Senate, Cause of Action Instituteand other organizations. One of Zywickis complaints which is filed in the lawsuit is about his loss of bodily choice in the matter.