10/8/21 - Western Michigan University loses appeal over student athletes and vaccine requirement

Western Michigan University has lost a federal appeal to require student athletes be vaccinated to play.

KALAMAZOO, MI -- (Mlive) - Judges with the Sixth Circuit Court of Appeals on Thursday, Oct. 7 declined to roll back a temporary restraining order, issued by a West Michigan judge, that blocked the university’s policy involving the COVID-19 vaccine and 16 student athletes.

“We do not doubt (WMU’s) good faith, nor do we fail to appreciate the burdens COVID-19 has placed on this nation’s universities. To that point, our holding is narrow. Other attempts by the University to combat COVID-19, even those targeted at intercollegiate athletics, may pass constitutional muster,” according to an opinion released Thursday.

“But having announced a system under which student-athletes can seek individualized exemptions, the University must explain why it chose not to grant any to plaintiffs. And it did not fairly do so here,” the judges wrote.

The ruling means that, at least for now while a more lengthy court battle continues, the university cannot stop students athletes from playing without being vaccinated.

WMU may still require student athletes to wear masks and take regular COVID-19 tests to participate in sports.

Sixteen student athletes filed a federal lawsuit earlier this year against WMU. Several had sought religious exemptions.

Per WMU’s policy, student athletes can apply for a medical or religious exemption from the vaccine, but can no longer participate with their team. They can remain on the roster and on scholarship.

WMU released a statement Thursday about the new federal opinion.

“We remain steadfast in our commitment to protect our student athletes and our athletic program. Our vaccine policy plays a critical role in keeping athletes safe and ensuring they are able to compete throughout the season without disruption,” according to the statement.

“We will continue to abide by the court’s decision and allow the student athletes in the matter to fully participate in their sport while we also consider our next steps in the case.”