Penn State is modifying a pledge students are required to sign before returning to campus this fall, revising language that has been criticized as an attempt by the university to waive liability for exposure to COVID-19.
The ‘COVID-19 Compact‘ lays out the public health and safety measures students must follow or else be subject to discipline. It only has an option to agree and students cannot proceed with the semester if they do not.
The ‘Acknowledgement’ section of the original compact stated, in part:
“I assume any and all risk of exposure to COVID-19 that may result from attending Penn State, or participating in Penn State activities, and I acknowledge that exposure or infection may result in personal injury, illness, permanent disability, or death.”
On Thursday morning, a university news release said that although the compact has already been signed by about 64,000 students, the language in that section is being updated in response to concerns from some that it ‘was a waiver of students’ rights, which was neither the case, nor the intent.’
The updated compact now reads:
“Even with the mitigation steps taken by Penn State and my compliance with this Compact, I acknowledge that Penn State cannot prevent the risks of exposure to COVID-19 that may result from attending Penn State or participating in Penn State activities.”
The new compact option will be available to students in the coming days. Students ‘who are learning in a fully remote manner and will not be on any of our campuses or in the surrounding communities,’ and will be able to bypass the compact in LionPATH, the university’s student information system.
Among the critics of the compact’s acknowledgement section has been the Coalition for a Just University at Penn State, a group started by university faculty ‘committed to working for greater transparency, equity, job security, and safety in the context of the COVID-19 pandemic, and for the meaningful involvement of faculty and other workers in decision-making processes at the university.’
In an op-ed for Onward State on Thursday morning, submitted prior to the university’s announcement of the revision, the group said it supports the public health measures outlined by the compact, but wrote they are alarmed by ‘the ill-advised inclusion of an apparent liability waiver in the compact that could compromise your rights.’
‘This language suggests that despite their numerous assurances, Penn State’s leaders recognize that a return to campus may not be safe at this time,’ the op-ed stated. ‘This language may aim to intimidate you and exempt Penn State from any responsibility for COVID-related illness and death — even in cases where it may be caused by the university’s own negligence or inadequate safety protocols.’
Penn State’s statement on Thursday said that was never meant to be the case.
‘We feel it is important that students and families understand there is COVID-19 risk, everywhere in our daily lives, and to reinforce the importance of following the public health guidelines established by the state and public health experts for the return to campus learning,’ the statement said. ‘Penn State has committed to meeting and exceeding the governor’s public health requirements, and has provided educational offerings that include remote-only learning options for students and families, as part of our efforts to be flexible in meeting their needs and concerns.’
‘Nevertheless, we hope this clarification addresses the concerns that were raised to us. To reiterate: This is not a waiver and was not intended to be. It is an acknowledgement.’
Students must still acknowledge that guidelines established by the Centers for Disease Control, Pennsylvania Department of Health and Penn State ‘may, or may not, be effective in mitigating the spread of COVID-19, and that it is my responsibility to follow these and other directives to protect myself and others from the substantial risks posed by this virus.’
The compact also states that students are expected to:
– Participate in COVID-19 surveillance testing, and in some cases pre-arrival testing, as directed;
– Cooperate with contact tracing;
– Isolate if testing positive, or quarantine if identified as a close contact of someone who has, and follow university instructions;
– Wear masks when in campus buildings, outside when distancing isn’t possible, and wherever required by law;
– Abide by distancing requirements on and off campus; and
– Follow all other guidance provided by the university and other authorities.
Failure to abide by those requirements can result in discipline, including suspension or expulsion.
Other guidance includes quarantining for seven days before returning to campuses and surrounding communities; immediately contacting the university if testing positive at a location away from campus; practicing good hand hygiene; getting a flu shot when it’s available; staying home and seeking medical care when feeling ill; and traveling only when necessary.
‘Every member of our University community, including you, must strictly follow fundamental public health requirements and the measures Penn State deems necessary to encourage well-being and safety for all,’ the compact states. ‘Our return is tenuous and could be brief. Its success depends on each of us doing our part.’
Penn State’s fall semester classes begin on Aug. 24. Students will begin a staggered move-in to on-campus residence halls on Monday.
