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Professor’s minor triumph against the vaccine juggernaut


LAST month we reported on the case of Todd Zywicki, an American law professor who contested the order of his employer, the highly rated George Mason University in Virginia, that he must have a Covid-19 vaccination. His reason was that he had recovered from Covid and had natural antibodies, therefore had no need of a vaccine.

In a small victory in the long battle against Covid totalitarianism, the university has granted Professor Zywicki a medical exemption from its mandatory Covid vaccination policy.

The university had announced its ‘reopening policy’ on June 28, requiring all faculty and staff members to give proof of vaccination as ‘a prerequisite for return and eligibility for any merit pay increases’ unless they obtain a religious or medical exemption.

Professor Zywicki considered the approach to be scientifically and legally unsound and he was disturbed when the university emailed the policy to students and employees threatening disciplinary action, including suspension and  termination of employment  for non-compliance.

Professor Zywicki’s natural immunity has been confirmed by multiple positive antibody tests over the past year. Further, his immunologist, Dr Hooman Noorchashm, advised him that a Covid-19 vaccination was medically unnecessary.

GMU officials have since appeared to deny that naturally acquired immunity exists, which is bizarre given that the efficacy of the Covid vaccines they are mandating is measured against levels of natural immunity acquired by those who have recovered from Covid-19.

The Professor approached the New Civil Liberties Alliance (NCLA) which filed his complaint, arguing that GMU’s ‘reopening policy’ was flawed and that their suggestion that unvaccinated professors cannot carry out their responsibilities in person as effectively as their vaccinated peers was scientifically unsound and ethically wrong.

NCLA said that restricting the unvaccinated would jeopardise their teaching evaluations, inhibit future student enrolment, reduce opportunities for academic collaboration and negatively affect reputational standing and future pay rises. The proposed policy would have limited the Professor’s ability to perform his professional responsibilities; it is prima facie discriminatory and would have coerced him into receiving the vaccine.

As a result of the Professor’s legal action and the international attention that went along with it, his employer has capitulated granting him ‘exemption’. The university will allow ‘Professor Zywicki to remain unvaccinated for medical reasons’. However he will permitted to attend in-person events only if he maintains six feet of distance from the vaccinated. He will be tested every week on campus for Covid-19 ‘at no cost to himself’.

The victory is therefore limited, allowing him to work but stigmatising him in his workplace. Further, the exemption is unique to Professor Zywicki with GMU continuing to refuse to change its policy and to recognise that Covid-19 vaccination is medically unnecessary for all students, faculty, and staff with naturally acquired immunity demonstrated with antibody testing.

The NCLA continues its litigation against GMU. A press release said: ‘NCLA remains dismayed by GMU’s refusal – along with many other public and private universities and other employers – to recognise that the science establishes beyond any doubt that natural immunity is as robust or more so than vaccine immunity.’

Sadly, the vaccination mandate virus has already spread across the land, causing universities and other organisations to ignore employment law and behave like pimps for Big Pharma.

The American College Health Association has advised all colleges and universities to implement vaccination mandates and the Chronicle of Higher Education  is maintaining a record of colleges and universities requiring students and/or employees to be vaccinated: see here.

According to the Chronicle, as of 29 July, 619 institutions were insisting on vaccinations for, at least, their residential students. The mandates typically include exemptions for religious or health reasons, with some colleges giving ethical exemptions. Catholic Boston College’s refusal to grant a religious exemption for students has already led to action from students and parents demanding policy change.

As with everything in the USA, vaccine mandates are politically partisan; the Chronicle’s tracker shows that of the 600 colleges now requiring vaccinations, 90 per cent are in states that voted for Biden.

The South-eastern Conference (SEC) offers an even a starker example: apart from Georgia, its 13 institutions are in states that voted for Donald Trump, and other than Vanderbilt University, a top private school, not one SEC university has introduced a vaccine mandate.

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Kate Dunlop
Kate Dunlop
Kate Dunlop is a mediator.

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