Senate Holds Hearing on University Re-openings, ADEA Letter Cited in Hearing
The U.S. Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing on safe university re-openings. The various sectors of the nonprofit, higher education community were represented at the hearing as was the public health sector. Witnesses included Mitch Daniels, J.D., President of Purdue University; Christina Paxson, Ph.D., President of Brown University; Logan Hampton, Ph.D., President of Lane College; and Georges Benjamin, M.D., Executive Director of American Public Health Association.
The universities at the hearing planned to welcome students on campus in Fall 2020 as well as offer remote options for those who would not physically attend classes. All parties—the universities, the medical community and lawmakers—agree that there will be COVID-19 cases occurring on campuses. However, the universities stressed the importance of putting safety first and expressed their intent to establish robust testing programs. Their re-opening plans are being built around social distancing and testing.
During the hearing, the universities’ testing plans came under scrutiny when Dr. Benjamin pointed out that testing does not matter if the universities have no plan in place to ensure that tests are properly processed at a lab. Dr. Benjamin noted the importance of universities working closely with local and state health departments to ensure that the proper re-opening guidelines are being followed, but also universities should ensure that there is enough lab capacity to process the tests that the universities would be performing.
The divide between the Democrats and Republicans on how universities should re-open became apparent during the hearing. Democrats expressed their safety concerns, noting the necessity of testing and the importance of protecting not only students, but also staff and faculty. They also asserted that the Centers for Disease Control and Preventions’ (CDC) recommendations were not specific enough, and therefore, the Democrats questioned universities’ ability to safely re-open given the lack of specific CDC guidance. Republicans felt that the CDC guidance was appropriate. They do not support overly proscriptive federal guidance, and instead believe that it would be best if universities worked with their local and state health departments to craft re-opening plans catering to the university’s individual needs.
The other chasm between the Democrats and Republicans centers on extending liability protection to universities. Sen. Lamar Alexander (R-Tenn.), Chairman of the HELP Committee, cited a letter from the higher education community asking for liability protection. ADEA is signatory on the letter. In the letter, universities argue that they need to guard against lawsuits being brought against them due to the spread of COVID-19 on campus. HELP Committee Ranking Member Sen. Patty Murray (D-Wash.) and Sen. Elizabeth Warren (D-Mass.) are opposed to extending liability protection to universities. These Senators are concerned that if universities have no deterrence to adhere to various safety guidelines, they may be negligent in providing a safe environment. Their negligence can cause harm to students, staff and faculty. Senate Majority Leader Mitch McConnell (R-Ky.) has made it clear that extending liability protection was a prerequisite for passing another COVID-19 bill.
