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2021 Op. Ind. Att'y Gen. 1 (2021)

handle is hein.sag/sagin0140 and id is 1 raw text is: STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL TODD ROKITA INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR TELEPHONE: 317.232.6201 INDIANA ATTORNEYGENERAL 302 WEST WASHINGTON STREET, INDIANAPOLIS, IN 46204-2770 FAX: 317.232.7979 www.AttomeyGeneral.IN.gov May 26, 2021 OFFICIAL OPINION 2021-1 The Honorable Peggy Mayfield Indiana House of Representatives 200 W. Washington Street Indianapolis, Indiana 46204 The Honorable Andy Zay Indiana State Senate 200 W. Washington Street Indianapolis, IN 46204 RE: University policies on COVID-19 vaccination Dear Representative Mayfield and Senator Zay: You both have requested an opinion concerning whether the recently announced policies by Purdue University and Indiana University to require proof of a COVID-19 vaccination is violative of Ind. Code ch. 16-39-11, as added by HEA 1405 (2021), prohibiting the necessity of an immunization passport. BRIEF ANSWER Public universities, or state educational institutions, through their boards of trustees, are bodies corporate and politic. They are legislatively created and receive their corporate powers through legislation. Numerous cases have also held public universities to be arms of the state. Ind. Code ch. 16-39-11 provides no statutory exemption for universities, so as public universities are part of the state, it applies to them. HEA1405 only prohibits public universities from requiring proof of the COVID-19 vaccine; it does not prohibit them from requiring the vaccination itself In its current form, Purdue University's policy does not appear to violate HEA1405. Based on the information available, it seems Purdue will require vaccination only for certain optional activities, which is nothing new; limitations - although not COVID-19 vaccination - for certain groups have been a requirement since the onset of the pandemic (e.g., quarantine for college and professional athletic teams throughout 2020). Students have the choice whether to vaccinate or be tested regularly; even if they are vaccinated, they can be tested if they do not want to show proof of vaccination. Purdue seems to be using a procedural loophole by not technically requiring the vaccinated student to