After early shutdowns this spring and a variety of online efforts for students to complete the year, most educational institutions are preparing to reopen this fall.
However, with ongoing concerns about spreading the coronavirus, some institutions, especially those of higher learning won’t reopen fully as before but continue to offer online course options in many cases. One university however is seeking to protect itself from liability issues due to COVID-19
St Francis Xavier in Antigonish, Nova Scotia, (St.FX) has sent a waiver to students they must sign if they plan to attend on-campus classes or other activities. While offering a mix of online and on campus courses, the majority of undergrad classes will be in person.
By signing the waiver students give up the right to sue the university for “any loss, damage, illness, sickness, expense or injury including death … as a result of COVID-19 risks.” It goes on to say claims cannot be made regardless of “negligence, breach of contract, or breach of any statutory or other duty of care”, including any failure or lapse on the university’s part to “take reasonable steps to safeguard or protect” students from COVID-19 risks.
The waiver also includes any locations off campus involving St. FX activities such as research or sports and recreational activities and the waiving ‘any and all claims’.
Students have said there are not enough online courses for them if they’re not comfortable returning to class and so feel obliged to sign in many cases. A letter of protest has been sent to the university over the waiver. which they say seeks to absolve the university of all responsibiilty related to the virus. The university says health and safety remain a top priority (CBC)
University president Andy Hakin had written in an email that the university had been advised by its insurers that companies will not provide pandemic related coverage by the end of the year and that the waiver allows the university to have students come back on campus for in-person classes and to stay in residence.
Reaction has been one of surprise and concern, not the least of which is the clause saying even if the university fails to follow its own health and safety policies. Many feel they will be forced to sign. Students who are concerned about health issues and would prefer to take online courses say not enough of those are being offered, This means either obliged to return to campus, or take the year off.
A response has been signed this week by some 350 students, alumni, and some local residents who are calling for the university to withdraw the waiver. The student union also criticises the university for a lack of consultation about the waiver saying they were surprised as they had had a good working relationship with the university on pandemic plans until the waiver was sent.
The reponse letter calls for an increase in online courses an explanation of what efforts are being made to protect those students who may be at increased risk from the virus, and an apology from the university for the effort to absolve themselves of providing a safe living and learning enivornment.
St FX president Hakim said the waiver isn’t an effort to absolve the university of responsiblity and that the safety of students staff and the community remain a top priority adding that if the university feels it cannot maintain standards prescribed by public health officials, the university will not proceed.
Two other universities in the region planning on in-person classes this fall, Mount Allison in Sackville, New Brunswick, and Acadia in Wolfville, Nova Scotia both told the Canadian Press they are not currently requiring legal waivers.
additional information-sources
- CBC: Currie/Ryan: Jul 13.20: St Francis Xavier university wants students to sign a COVID-19 liability waiver
- Canadian Press (via CTV): M Tutton: Jul 13/20: Students at St Francis Xavier university protest wording of COVID10 waiver
- Glboal News: J Keefe: Jul 13/20: Students oppose St FX waiver that proposes releasing school from coronavirus liability
- The Guardian (P.E.I.): Beswick/MacInnis: Jul 13/20: Students demand St FX drop COVID-19 liability waiver
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