HELP! Constitutional Rights Regarding Mandatory COVID Testing of WVU Grad Students

[NeedAPaulOverhaul]

Hi, y'all!

Totally new here. This is my first post! I need help discerning my feelings from my Constitutional rights.

I'm a graduate student in West Virginia University's Nurse Anesthesia Program. Like most schools, our Spring semester concluded online and our entire Summer semester has been done through a virtual Zoom classroom. My class is 15 students strong, and we're meeting on campus on July 27th for a simulation lab. No COVID testing has been required for this lab. However, mandatory testing begins on the 27th and ends on August 15th for the Fall semester. The fall semester doesn't even start until August 19th, so getting tested on July 27th would leave a lot of room for error, no? I obviously pay tuition, and it's quite a pretty penny. The CDC actually recommends against entry testing of students and says that there's no evidence supporting this practice. The school has released a statement saying that students who refuse testing will be fined $250 and will be referred to the Office of Student Conduct for an interview and follow-up actions. They're doing nasal swabs, which is very much an invasive test. We're not talking about temperature checks here. I'm worried that if I don't get the test, they won't let me go to class or clinical, and sacrificing my success in this program is not an option.

Also let me explain that I live 35 minutes from campus. I will not have traveled since before March, and I don't anticipate on showing symptoms or being exposed to the virus between now and then. So there's really no reason for me to be tested. If I did have symptoms or was exposed, I would be willing to get tested because I feel like that's the ethically responsible thing to do.

So, if you couldn't already tell, my question is this: Is it Constitutional and lawful for a university, to which I pay tuition, to force me to undergo an invasive test in order to attend the classes that I've paid for?

I've written to Sen. Rand Paul, but he puts Kentuckians' requests first - as he should. So I figured if anyone else could help shed some light on this situation, I figure it would be a bunch of Ron Paul supporters!! Any help or advice would be greatly appreciated. I feel very very strongly that this test is violating my rights and what the University is doing is WRONG. However, I realize that maybe I just need educated. So, please help.

Thanks y'all!

LEGALIZE FREEDOM!

[cjm]

You should have something called "Student's Rights and Responsibilities" (or similar) available to you. Most colleges have something like that. Find a "Right" which you think spares you from the "mandatory" test and take your case to the university Ombudsman (most colleges had one of those once upon a time, yours might have one?). That's probably your best bet.

As for the Constitution or law, they (government) make it up as they go, so no one can really answer that question. A lawsuit will be expensive and take a long time if it comes to that. And you'll probably lose. You won't find a good lawyer to take your case since your local lawyers will undoubtedly have some connection to the university (alumnus, spouse that works there, etc).

In addition, you should probably reconsider your career choice. As a CRNA you'll be subject to the whims of the nursing board and hospitals in whatever state you want to work in. You may be required to take the test, repeatedly, as condition of employment. If you're willing to do that, why fight it now?

Hope this helps.

[NeedAPaulOverhaul]

I appreciate the response. I'd imagine that anyone associated with the University, especially inside the University, won't be much help in this matter, but I'll definitely visit that avenue.

As far as the career choice goes, I just want to be clear that I'm not trying to just never get a test for COVID. I'm trying to not get an invasive test for seemingly no reason. The hospital employees with KNOWN EXPOSURE during work hours aren't even required to be tested. Wouldn't you think a known exposure warrants testing more so than someone who hasn't traveled, has no symptoms, and has no exposure to a COVID+ patient or a symptomatic individual? If I was exposed or had symptoms myself, I wouldn't fight the testing at all.

Thanks again for your response!! Hope you're staying healthy and safe out there in this wild world!

[cjm]

I appreciate the response. I'd imagine that anyone associated with the University, especially inside the University, won't be much help in this matter, but I'll definitely visit that avenue.

You are correct. I tried the ombudsman path once upon a time and it was fruitless. But it's like running out a ground ball -- you're probably out but you might reach if something weird happens. Also, if you want to take legal action down the road, you will probably have to show that you attempted the resolution process provided by the school and it didn't work.

Thanks again for your response!! Hope you're staying healthy and safe out there in this wild world!

Thanks. Yes, healthy and safe is easy. I'm rolling like this guy:

http://www.ronpaulforums.com/showthr...=1#post6961284

[NeedAPaulOverhaul]

1. I love your ground ball analogy! I've always said everything I know about life, I learned from baseball. We should co-write a book someday!! haha

2. Also love your meme. Legend, indeed! The mask thing is bad enough. We're allowed to wear a fishing buff. I blew out candles on a birthday cake through one of those. Effective against COVID, for sure.