Religious Objections To Medical College's COVID Vaccination Requirement Upheld

In Magliulo v. Edward Via College of Osteopathic Medicine, ((WD LA, Aug. 17, 2021), a Louisiana federal district court issued a temporary restraining order barring a medical college from conditioning plaintiff students' enrollment on their receiving a COVID-19 vaccination. The students had requested an exemption from the college's requirements for religious reasons-- they believed the vaccine was derived from aborted fetal tissue. The college would grant the exemption only if the objecting students complied with extensive restrictions.

The court held that Louisiana statutes allow students to assert religious or philosophical objections to the vaccine requirement. It also concluded that the refusal to exempt religious objectors violates the free exercise clause of the Louisiana constitution and the Louisiana Preservation of Religious Freedom Act.

The options listed by VCOM for students who chose not to receive the vaccine were:
1) not attend VCOM;
2) defer enrollment at VCOM for one year; or
3) be accommodated by completing all requirements except patient care duties or be
placed in an alternate education pathway that defers clinical involvement.2
Additionally, all students who were not vaccinated were required to wear a mask on
campus, have frequent testing for COVID-19 and to use the MyHealthTracer.com application.3
VCOM’s COVID-19 vaccine policy changed again on August 5, 2021. Nathan Kinnard
(“Kinnard”), Associate Dean of Student Affairs and Development, sent an email [Doc. No. 10-
13, 14, &15] to Plaintiffs telling them the VCOM’s COVID-19 Committee was meeting the
following day (August 6, 2021) to decide on exemptions and accommodations. For the first
time, VCOM told the three students they had a “dissent option”4
that they could opt into.
Kinnard indicated VCOM wanted the students to know of this option “as some students have
found the policy confusing.” The dissent option was not mentioned in any of VCOM’s previous
emails or written policies. Additionally, there was no further explanation by VCOM of what
2 Whether the students will be required or allowed to make up the clinical involvement/patient care duties is unclear.
3 None of these are required for vaccinated students.
4 Presumably in accordance with La. R.S. 17:170
Case 3:21-cv-02304-TAD-KDM Document 19 Filed 08/17/21 Page 3 of 18 PageID #: 892
4
restrictions would be placed upon a student that exercised the dissent option, or whether VCOM
would even allow students that exercised this option to attend VCOM.5
VCOM’s COVID-19 policy changed again on August 9, 2021. On August 9, 2021,
Plaintiffs received another email from VCOM in reference to VCOM’s August 6, 2021 COVID19 Committee meeting [Doc. No. 10-5,6 and 7]. These emails, from Randy Schuller
(“Schuller”), VP for VCOM Institutional Policy and Administrative Law, told Plaintiffs that the
committee had approved their religious exemption, granted their appeal “for the current time,”
upon compliance with these listed restrictions:
1) Their religious exemption was time-limited until one or more of the vaccines currently
under Emergency Use Authorization received full and final approval for use by the U.S.
Food and Drug Administration. At that time, they would either need to be vaccinated or
apply again for an exemption;6
2) Complete the COVID-19 module and the COVID-19 vaccination modules and pass
those portions in their Microbiology or Immunology course by the end of the block;
3) Correctly wear an approved mask at all times on campus, except when eating or
drinking, and to stay six feet away from others when eating or drinking. Failure to wear a
mask would result in suspension;
4) Must not come to campus, or any VCOM event, if ill, or have symptoms of an illness,
which also must be reported on MyHealthTracer.com, notify the COVID officer, and
have a COVID-19 test if having any common COVID-19 symptoms;
5) Read and follow the additional guidance set forth by the CDC regarding safety
protocols for institutions of higher education campuses;
6) May attend the Principle of Primary Care labs and OMM labs; however, must identify
a student who agrees to work with a student who is not vaccinated, as the labs involve
touching and close contact with another student;
7) May complete all educational requirements for your academic year except those
activities where you are acting as a medical care provider including, but not limited to,
Standardized Patient Examinations and Early Clinical Experiences, which will be
deferred until the threat of COVID-19 has subsided or the vaccine is approved;
VCOM now argues that Magliulo, Hall, and Willis have waived the unexplained dissent option.
The email further explained why the students’ religious exemption and fear of the vaccination were based upon
“misinformation.”

8) May choose to defer their enrollment for a period of one year; and
9) May choose not to attend VCOM.

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