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Syracuse University has lobbied the federal government for legislation protecting universities from coronavirus-related lawsuits. 

The university filed a lobbying report in July that discloses its efforts to lobby the government for COVID-19 liability safe harbor provisions under the SAFE TO WORK Act. The bill’s provisions would make it more difficult for individuals to hold businesses, including universities, liable for exposure to coronavirus. 

The report, which serves as a quarterly activity report, shows that SU reported less than $5,000 in expenses related to lobbying activities during the second quarter of the 2020 fiscal year, which lasts from April 1 to June 30. Timothy Drumm, the executive director of special initiatives for SU’s Office of Government and Community Relations, is listed as the individual who acted as a lobbyist for each reported lobbying activity.

“As indicated in the University’s most recent federal lobby disclosure report, we have been consistently engaging our federal representatives, Congress and the federal Administration on a number of COVID-19 related matters impacting our students, faculty, and staff well-being,” Drumm said in a statement sent to The Daily Orange.

The U.S. Senate introduced the SAFE TO WORK Act on July 27. The bill increases requirements for individuals holding businesses, including universities, liable for exposure to the coronavirus. It has not yet come to a vote before the Senate.

Under the proposed legislation, if a student wanted to sue their university for exposure to the virus on campus, they would have to provide “clear and convincing evidence” that the university did not make reasonable efforts to comply with government standards for public health at the time of the exposure. 

The student would also have to prove that the university engaged in gross negligence or willful misconduct that caused actual exposure to the coronavirus, and that exposure to the coronavirus caused personal injury to the student.

The bill also states that if businesses maintain a written or published policy on coronavirus mitigation at the time of the alleged exposure, the business is presumed to have made reasonable efforts. SU submitted its fall reopening plans, which included guidelines to mitigate the virus’s spread, to the New York State Department of Health in August.

Drumm said temporary safe harbor from coronavirus exposure liability allows SU to continue to deliver in-person education without the potentially significant costs of defending itself against negligence claims.

“The (higher education) sector is in need of certainty around the standard of care and the legal liability institutions and those who work for them face regarding COVID-19 exposure claims,” Drumm said. “The University, along with universities and colleges across the country, are not seeking to avoid responsibility or to immunize colleges and universities for their own or others’ bad acts.”

The bill states that certain institutions, including colleges and universities, risk a “tidal wave” of lawsuits accusing them of exposing employees, customers and students to the coronavirus. These lawsuits would threaten to keep them from reopening, it reads. 

Brendan Schneiderman, a Harvard University law student who worked on a petition opposing Harvard’s efforts to lobby Congress for coronavirus exposure liability, said it’s unlikely university-backed lobbying groups were the sole driving force behind the bill. 

Schneiderman said the legislation likely resulted from the combined efforts of universities and other corporate lobbying groups.

The Harvard chapter’s People’s Parity Project petition, which Schneiderman contributed to, identified two higher education special interest groups lobbying for immunity legislation — the American Council on Education and the Association of American Universities. SU is a member of the American Council on Education.

Industry groups like @ACEducation& @AACU are lobbying in @Harvard‘s name to shield schools from liability if they re-open without protecting workers and students from COVID. This is unacceptable and a breach of trust. https://t.co/Fl4kocgBtK

— Harvard Parity Project (@HarvardParity) August 12, 2020

Coronavirus immunity for universities would endanger students, faculty and campus workers, because the bar of responsibility for universities would be lowered, Schneiderman said.

“It allows (universities) to bring students back to campus, and they don’t even have to worry about getting sued if when they bring students back, things go horribly wrong,” Schneiderman said. “A campus that has immunity is a less safe campus.”

Published on October 6, 2020 at 12:16 am

Contact Madison: mntyler@syr.edu