From: "Gross, Louis J" Date: Monday, July 12, 2021 at 4:32 PM To: "Stinnett, Ryan" Cc: "Walker, Sean C" , "Gross, Louis J" Subject: UFC meeting today Ryan, Thank you for your time at the UFC meeting today. You had suggested a follow-up in which I send you a detailed question regarding Fall classes and mask policy. I am ccing Sean so he is aware. First, this question arises from conversations with a variety of UTK Faculty Senate leaders, but I wish to emphasize that we have not taken any action yet. We had sent a set of questions to Chancellor Plowman regarding Fall planning (see https://lgross.utk.edu/Senate2021/FallPlanningCovidNoteJune2021.pdf) and we expect that the Chancellor will be providing more details soon. However, as you noted, it may well be that the guidance will continue to be “follow CDC guidelines”. The challenge is that CDC Guidelines for Higher Ed (updated June 4 https://www.cdc.gov/coronavirus/2019-ncov/community/colleges-universities/considerations.html ) for institutions where everyone is not fully vaccinated states “Multiple factors should inform the optimal implementation of layered prevention strategies by IHEs. Ideally, consideration would be given to both the direct campus population as well as the surrounding community. The primary factors to consider include: 1) level of community transmission of COVID-19 ; 2) COVID-19 vaccination coverage, including among students, faculty, and staff; 3) implementation of a robust, frequent SARS-CoV-2 screening testing program with high participation from the unvaccinated campus population; and 4) any local COVID-19 outbreaks or increasing trends. Discussion of these factors should occur in collaboration with local or state public health partners.” Faculty I have discussed this with argue that it is our responsibility as faculty members to maintain a safe classroom, they expressed concerns that without a campus mask mandate we are putting our students and colleagues (and the local community) at needless risk given the expected conditions that there will be a significant campus population which is not vaccinated. So in addition to any campus efforts to encourage vaccination, faculty colleagues have requested that the Faculty Senate be proactive in (i) encouraging faculty to require masks for their in-person classes that are held indoors as well as encourage other actions suggested by the CDC to reduce risk; (ii) provide a standard addition to a course syllabus that provides the rationale for mask requirements including links to CDC guidance for campuses without a vaccination requirement and to a formal risk assessment I am compiling for the UTK campus; (iii) include protocols for students through Disability Services for those who cannot wear masks; and (iv) suggest classroom protocols in the case of non-compliance with mask requirements. The objective here is not to establish a mask mandate (though the Chancellor may decide to establish one) but rather to offer a standard process to reduce classroom student exposure risk for faculty who wish to adopt it and reduce any social peer pressures that students who are not vaccinated may feel to go maskless. So the question is whether the above procedure, if followed by the Senate as the overall body responsible for academic and curricular policies, creates any legal issues that would be of concern to the campus leadership. This situation seems similar to other aspects of classroom safety (e.g. in class laboratory settings for which faculty establish clear guidelines for safety) that are the responsibility of the faculty (often with departmental oversight). Stay well, Lou -- Louis J. Gross Chancellor’s Professor and Alvin and Sally Beaman Distinguished Professor of Ecology and Evolutionary Biology and Mathematics Director Emeritus, National Institute for Mathematical and Biological Synthesis (NIMBioS.org) Director, The Institute for Environmental Modeling University of Tennessee - Knoxville President, 2006-2007 and 2021-2022, UTK Faculty Senate Past-President, Society for Mathematical Biology http://lgross.utk.edu/ From: "Stinnett, Ryan" Date: Tuesday, July 13, 2021 at 5:47 PM To: "Gross, Louis J" Cc: "Walker, Sean C" Subject: RE: UFC meeting today Lou, Thanks for the discussion yesterday and for your follow-up email. We will review the specific question and be back in touch. Ryan C. Ryan Stinnett General Counsel Office of the General Counsel The University of Tennessee 719 Andy Holt Tower Knoxville, Tennessee 37996-0170 Phone: (865) 974-2540 Fax: (865) 974-0100 Email: ryanstinnett@tennessee.edu From: "Walker, Sean C" Date: Tuesday, July 13, 2021 at 5:54 PM To: "Stinnett, Ryan" , "Gross, Louis J" Subject: Re: UFC meeting today Ryan: Thank you for your willingness to research this. If I can add a request for your research, please also let us know what the legal restrictions would be as well. What I mean is this, if I am speaking with a faculty member that is thinking about having such a policy in their class (regardless of what administration or even Senate supports) I would like to be able to explain what could be done (i.e., is this something that could revoke tenure). I think it is important to acknowledge that some of this might not be a campus-wide but could be a situation where individual faculty members begin to make decisions. I want to make sure that the faculty leadership can provide them with information such as what could be done if they decide to pursue a specific course of action. I hope that makes sense! Sincerely, Sean Walker PhD, MBA Chair, University Faculty Council (2021-2022 AY) Past-President, UT Martin Faculty Senate (2021-2022 AY) Professor of Behavioral Management College of Business and Global Affairs University of Tennessee at Martin Non-Attorney Mediator, Rule 31 Practitioner Licensed Minister, UPCI "Focus on your blessings, the rest will take care of itself!" Skyhawks fly high because Skyhawks fly TOGETHER!