WASHINGTON - April 23, 2020 - On Sunday an article in the student newspaper of GWU read: "Administrators Plan to Hold In-Person Classes This Fall, Website States."

It reported that "Officials plan to resume in-person classes and residential housing this fall, a University website states. Administrators plan for students to return to campus for 'in-person instruction' . . ."

But, on Monday morning this article did not appear on the newspaper's main web page.

Now, however, the language on the university's web site has been radically changed, signaling a significant retreat from the earlier stated position.

It now reads: "GW is currently reviewing plans for fall semester. We will provide updates on our instructional plans throughout the summer, beginning with a more detailed communication about our plans for operation by May 15. As we work to develop these plans, we are doing so with a commitment to both safety and care for our students, staff, and faculty."

It is ironic that the new announcement mentions the concern about the "safety" of the faculty, because the University had previous acknowledged that "Early information indicates some individuals are at a higher risk of getting very sick from this virus. This includes: Older adults and People who have serious chronic medical conditions including heart disease, diabetes and lung disease."




Yet, despite this, GWU initially announced plans to return to classroom teaching where faculty and students would be exposed to a substantial risk of infection, and never even noted the risk, or suggested how it might try to reduce it.

Now the University has been reminded that persons, especially faculty, who are at "higher risk of getting very sick" because of various medical condition have legal rights under OSHA, ADA, and other laws.

They have also been warned that it might be possible to sue if a faculty member became infected with the virus while teaching in a classroom.




It was also brought to the administrator's attention that a major legal blog frequented by lawyers and law professors just posted the following: "Assuming the curve steadily flattens, I suspect one of the reasons businesses SUCH AS UNIVERSITIES still may be hesitant to start up in the Fall is potential liability should students living in dorms or ATTENDING CLASSES catch the virus and have bad outcomes. [emphasis added]

For all these reasons, Banzhaf has suggested that GWU do what other schools are considering: permit faculty who are a "higher risk of getting very sick" to continue teaching on-line as they have done for several weeks rather than return to the classroom, or permit them to take a furlough for the fall 2020 term.

http://banzhaf.net/ jbanzhaf3ATgmail.com @profbanzhaf

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