The Riverside Community College District Board of Trustees has passed a resolution mandating proof of vaccine for all employees and students to work or attend classes on campus. I have several concerns about this, primarily that this mandate is violating the privacy and rights of students and staff. The right to choose is a fundamental liberty which is being seriously threatened.

#1. Though the health information of the school’s students typically would be excluded from the HIPAA Privacy Rule because it is already covered by FERPA, the individually identifiable health information of the non-student patients would not be excluded, and as such, would be covered by the HIPAA Privacy Rule. For example, a university that operates an on-campus health clinic (which RCCD does) that serves students, staff, and the public must comply with FERPA with respect to the health records of its students and with the HIPAA Privacy Rule with respect to the health records of its staff and the public. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.

“Treatment records” under FERPA, as they are commonly called, are: records on a student who is eighteen years of age or older, or is attending an institution of
postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student’s
choice.

At postsecondary institutions, medical and psychological treatment records of eligible students are excluded from the definition of “education records” if they are made, maintained, and used only in connection with treatment of the student and disclosed only to individuals providing the treatment.

#2. There is no state law requiring Covid-19 vaccinations for colleges (not even at the primary/secondary level).

#3. Coercion is a violation and a serious threat to an individual's freedom and right to choose.

#4. The federal government does not mandate (require) vaccination for people. Additionally, CDC does not maintain or monitor a person’s vaccination records.

Background Narrative:
Riverside Community College District Board of Trustees finds that requiring employees and students who enter District offices and College facilities to be vaccinated is necessary to ensure the health and safety of the District
community. The Board of Trustees directs the Chancellor to require all students and employees groups (Faculty, Staff, Administrators, Short-Term Temporary Staff, and Student Employees) to provide evidence of partially vaccinated status no later than August 19, 2021 prior to participating in onsite, face-to-face instruction and
student support services, and to provide evidence of fully vaccinated status no later than September 30, 2021 for the Fall 2021 semester. Unvaccinated students will only be able to access online student support services and enroll in online distance
education courses, which will be increased as an accommodation, and will not be able to enroll in face-to-face instruction. Weekly COVID-19 testing with evidence of negative test results will be required of all employees who do not provide evidence of fully vaccinated status prior to accessing District offices and College facilities.
All students, employees, and the general public are required to wear protective face coverings indoors, and outdoors where six feet of physical distancing cannot be maintained, regardless of vaccination status, whenever accessing District offices or College facilities.
Prepared By: Wolde-Ab Isaac, Chancellor

It is vital that California protects the constitutional rights of its citizens, including their freedom to choose and their right to privacy.