WSU lifting COVID-19 vaccine mandate, legal experts weigh in on move

The Washington State University is lifting its COVID-19 vaccine requirements for most employees, contractors, and volunteers in most cases at the end of October.

The university released a statement, citing that the decision was made in compliance with Governor Jay Inslee’s State of Emergency ending with the week. While they are lifting the requirement, they still encourage employees to get their shots in order to protect themselves and others.

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WSU’s vaccine mandate was one of the reasons former head football coach Nick Rolovich was fired last season.

Rolovich, as well as several assistant coaches, did not want to get the shot. Rolovich says he didn’t want it for religious reasons, which has led him to file a wrongful termination claim for $25 million against the state.

KIRO 7 asked several Seattle-based attorneys on how the lifting of this requirement will impact Rolovich’s case, as well as others who were terminated by the requirement.

Mike Subit with Frank Freed Subit & Thomas LLP says he doesn’t think it will necessarily have a major impact in decisions, but how the negotiations between Rolovich and the school will go.

“I think on negotiations it probably does,” Subit said. “For example, it may not be true for the head coach of WSU, but some people who were fired then could be brought back now. And for certain jobs, that’s a possibility and may be a way for avoiding a lawsuit to go into court.”

He says, however, the state and university will defend their decision based on the facts about the pandemic when Rolovich was let go.

“As a strictly legal matter, whether they have a claim or not, it’s going to be judged by when they were fired. Whether they had a sincere religious objection, whether they had a disability, whether the state could have accommodated the accommodation then,” Subit said.

Attorney Scott Blankenship agrees with Subit and believes if there was proof that COVID vaccines weren’t as effective in preventing spread, then Rolovich and others might potentially have a case.

“But at the time, we were in a much greater crisis and all state employees were mandated to get vaccinated,” Blankenship said.

Medical experts are also concerned with the school’s decision.

Ali Mokdad with UW’s Institute for Health, Metrics and Evaluation said that based on what’s happening in parts of Europe and around the world, another surge for Western Washington is probable.

“So, depending on the scenario we will see more cases, but not as many hospitalizations in Singapore, or in what we see in terms of Germany with an increase in cases and rapid increase in hospitalizations. That’s the worst-case scenario,” Mokdad said.

He says while the school may have lifted the mandate, he encourages everyone to be up to date on their vaccines.

“The only protection we have in order to keep people away from hospitals and mortality is the vaccine,” Mokdad said.

Now, when it comes to the University of Washington, a spokesperson with the school says they are maintaining their requirements for the time being.

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