Mary Baldwin is not affected by state AG opinion about student vax proof: Spokesperson

Mary Baldwin University in Staunton, Virginia
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STAUNTON — An opinion Friday from Virginia's attorney general about vaccination requirements for college students will not apply to Mary Baldwin University because it would only apply to public colleges and universities. Hence, the Staunton school will continue to mandate them, a spokesperson said.

"Requiring masks and vaccines on our campus has been highly successful for our community. We plan to continue doing what’s best for our faculty, staff and students, Mary Baldwin spokesperson Liesel Crosier wrote in an email to The News Leader.

While Attorney General Jason Miyares' opinion does not impact MBU, it could have a bearing on the policies at nearby James Madison University, Blue Ridge Community College and Virginia Military Institute since they are considered public colleges.

On Friday, Miyares reversed his Democratic predecessor Mark Herring's opinion that “broad specific and implied discretion” from the COVID-19 state of emergency in Virginia applied to public higher-learning institutions. COVID-19 is not listed among the diseases in state code for which colleges can require vaccination proof, but Herring had written in an opinion to Del. Mark Keam, D-Fairfax, that the emergency order's nature could be applicable to the virus.

In his opinion requested by Gov. Glenn Youngkin, Miyares said Virginia's public colleges "are public corporations" that are afforded "separate corporate status." However, state law puts them under control of the General Assembly "and may only exercise such powers as the General Assembly has expressly conferred or necessarily implied." Those powers do not address vaccination immunizations.

Miyares claimed that the Herring order failed to consider the list of diseases specifically mentioned in § 23.1-800 of the state code — diphtheria, tetanus, poliomyelitis, measles, German measles and mumps.

"When determining what immunizations a university may require its students to receive, § 23.1-800, as the more specific statute governing student vaccination, takes precedence over the more general authority provided to boards," Miyares wrote.

He added, "I conclude that, absent specific authority conferred by the General Assembly, public institutions of higher education in Virginia may not require vaccination against COVID19 as a general condition of students’ enrollment or in-person attendance."

Read the entire opinion here.

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Bill Atkinson (he/him/his) is daily news coach for USA TODAY's Southeast Region-Unified Central, which includes Virginia, West Virginia and central North Carolina. He is based in Petersburg, Virginia. Reach him at batkinson@progress-index.com.

This article originally appeared on Staunton News Leader: Virginia AG says public colleges cannot require COVID vax