Centers for Disease Control and States Issue Reopening Guidelines for Institutions of Higher Education

The “Considerations for Institutions of Higher Education” from the CDC includes guidance in the following categories:

Promoting Behaviors that Reduce Spread

• Staying Home or Self-Isolating when Appropriate
• Hand Hygiene and Respiratory Etiquette
• Cloth Face Coverings
• Adequate Supplies
• Signs and Messages

Maintaining Healthy Environments

• Cleaning and Disinfection
• Shared Objects
• Ventilation
• Water Systems
• Modified Layouts
• Physical Barriers and Guides
• Communal Spaces
• Food Service

Maintaining Healthy Operations

• Protections for Students, Faculty and Staff at Higher Risk for Severe Illness from COVID-19
• Regulatory Awareness
• Gatherings
• Telework and Virtual Meetings
• Travel and Transit
• Designated COVID-19 Point of Contact
• Participation in Community Response Efforts
• Communication Systems
• Leave (Time Off) and Excused Absence Policies
• Back-Up Staffing Plan
• Staff Training
• Recognize Signs and Symptoms (Health Checks)
• Support Coping and Resilience

Preparing for When Someone Gets Sick

• Advise Sick Individuals of Home Isolation Criteria
• Isolate and Transport Those Who Are Sick
• Clean and Disinfect
• Notify Health Officials and Close Contacts

Similarly, New York State’s “Checklist for Higher Education Institution Reopening Plans” requires that IHEs develop plans to obtain and provide personal protective equipment (PPE), protocols for testing and cleaning, plans to isolate and support individuals who test positive for COVID-19, and contingency plans for decreasing on-campus activities and operations or closing the campus if necessary. See also Massachusetts: Reopening Higher Education, Ohio’s Minimum Operating Standards and Recommendations for Institutions of Higher Education; Virginia’s Higher Education Reopening Guidance; Many states with recommended guidelines, such as Texas, explicitly reference the CDC guidance, as well as guidance from the American College Health Association (ACHA).

While IHEs obviously must comply with local requirements, even schools in jurisdictions without mandatory guidelines should take account of CDC and local guidance to reduce the risk of a COVID-19 outbreak on campus and the risk of liability. In the event of a tort claim against the school in connection with a COVID-19 infection, courts may look to federal and state guidance to establish the applicable standard of care. In jurisdictions without guidelines for IHEs, schools may also wish to consider the practices of peer institutions (the Chronicle of Higher Education has assembled a list of colleges’ plans for re-opening in fall 2020) and/or local guidance for P-12 schools.

Perhaps the most important piece of guidance to IHEs is to develop a process for continuously monitoring regulatory and public health developments. COVID-19 is an evolving situation, and new guidance and scientific information is issued regularly. To reduce the health risks to the community, ensure regulatory compliance, and reduce liability risks, IHEs must stay abreast of these developments and regularly monitor announcements from the CDC, OSHA, and local departments of health and education.

Conclusion: While IHEs have no doubt considered many of the elements from the CDC guidelines and state requirements in developing their reopening plans, schools should conduct a systematic review to ensure they have taken account of each factor and develop a process for ensuring ongoing compliance as new guidance is released from federal and state authorities.

For more information, please contact Jeffrey P. Metzler.

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