My daughter attends a local community college in dear old Massacookawitz. In order to register for Spring 2022 classes, the students have to prove vaccination or apply for a waiver. My daughter (22) has some neurological disabilities and as her legal guardian, myself and my wife are keeping her from getting the jab.
Check out this line of questioning by the school for a religious exemption. I would appreciate any lawyers reading this to respond if possible, as I feel like the religious exemption questions are bordering on harassment.
The header indicates several times that this will be an "interactive" process:
Massachusetts Community College members, including students, faculty, and staff must be fully vaccinated against COVID-19 and submit verification of their fully vaccinated status to the College absent an approved reasonable accommodation consistent with the Student Vaccination Policy located at https://mwcc.edu/covid. All requests for reasonable accommodation, including any requests to be exempt from vaccine requirements for medical or religious reasons, will be considered consistent with applicable laws and legal guidance and the Board of Higher Education Policy on Affirmative Action, Equal Opportunity & Diversity for the Massachusetts Community Colleges. The College will engage in an interactive process to determine if you are eligible for a reasonable accommodation, and if so, whether the requested accommodation is reasonable and does not create an undue hardship for the College and/or does not pose a direct threat to the health or safety of others in the learning and working environment, as applicable. If unable to submit verification of full vaccination status and seeking a reasonable accommodation to comply with the Student Vaccination Policy, you should complete and submit this form along with the requested documentation as soon as possible and without delay in order to allow adequate time for the individualized interactive process to occur.
Here are the first two questions:
Describe why you are unable to be fully vaccinated against COVID-19 and/or unable to submit verification of full vaccination status in compliance with the Student Vaccination Policy.
Describe the reasonable accommodation you are requesting (including the applicable time period, if any) and all other alternate reasonable accommodations you considered (if none considered list other alternate reasonable accommodations that may address your needs). If your request is based on a disability (ex. health condition), describe your disability and how it prevents/limits you from obtaining the COVID-19 vaccine and/or submitting verification of full vaccination status in compliance with the Student Vaccination Policy.
Then, clicking 'Yes' to the question of "Is your request based on religion?" is when the harassment begins. The following questions are mandatory:
Describe your sincerely-held religious beliefs or practices that prevent or limit you from obtaining the COVID-19 vaccine and/or submitting verification of full vaccination status in compliance with the Student Vaccination Policy.
How long have you adhered to these religious beliefs or practices?
Are you a member of a particular church or religious organization that also holds these religious beliefs or practices?
What is the name of the church/religious organization and how long have you been a member?
Provide all other examples of how you abide by these religious beliefs or practices.
Does anything other than the COVID-19 vaccine verification requirement interfere with these religious beliefs or practices?
Have you received other vaccinations required for attendance at the College (ex. Tdap, Hepatitis B? MMR? Varicella? Meningococcal?)
Have these religious beliefs or practices prevented or limited you from receiving any other vaccination(s)?
Explain why your objection to the COVID-19 vaccination is not based on secular grounds such as personal philosophy, preference or inconvenience.
Attach documentation supporting your request for reasonable accommodation based on religion, if any (OPTIONAL):
I attached a signed letter provided by Latin Mass magazine, which I feel gives a complete summary as well.
Can the college legally ask these types of questions?
Massachusetts General Laws ch. 76 § 15 – Vaccination and immunization
I'd assert the above Massachusetts Law for student Religious exemption. . Also cite the EAU as being optional and voluntary.
You could write the following:
If you are being harassed, cite the MA law for harassment and tell them any further contact would be considered to be harassment and attempts of coercion. My attorney will be notifying you if any further attempts are made.
My understanding is they can ask and it is legal for them to ask. However, its also a trap people fall into by answering it. All that is required is to have a sincere religious belief. An atheism is entitled to the same standard.
Thanks you @tewdryg - appreciate the information and insights!
wow
Might want to ask an actual lawyer. Lot of questionable information gets spread on here about what's legal and what's not.
Good point.
In a lot of instances, there is no charge for the first consultation with a lawyer. Oftentimes, they will tell you what you need to know/do and you can take it from there.