Paul L. Caron
Dean




Friday, August 13, 2021

Cornell To Prohibit Faculty From Teaching Remotely Despite Rising COVID Cases. No Exceptions.

Inside Higher Ed, Cornell Says No Remote Teaching as COVID Fears Persist:

Cornell (2021)Cornell University said this week it will not consider any faculty requests to teach remotely instead of in person, not even from those seeking accommodations for chronic illnesses or disabilities.

Scholars questioned the legality and the wisdom of Cornell's stance in light of the ongoing COVID-19 pandemic. The Americans with Disabilities Act requires employers to provide “reasonable accommodations” to individuals with disabilities who are qualified to fulfill the “essential functions" of a given job.

Michael Kotlikoff, Cornell's provost, and Lisa Nishii, vice provost for undergraduate education, said in a letter to faculty and instructional staff Wednesday that Cornell has determined that face-to-face instruction is vital to the resumption of "normal operations."

"In-person teaching is considered essential for all faculty members and instructional staff with teaching responsibilities," Kotlikoff and Nishii wrote. "Accordingly, the university will not approve requests, including those premised on the need for a disability accommodation, to substitute remote teaching for normal in-person instruction. For individuals with disabilities, the university routinely works to explore a wide array of possible workplace accommodations. Any faculty member in need of any disability-based accommodation should contact the Medical Leaves Administration office (MLA). For individuals who are not able to perform the essential functions of their position because of a disability, MLA can advise them of other options, including the availability of a medical leave."

Some criticized the policy as unfeeling toward faculty who are immunocompromised or who have other medical conditions that make them more vulnerable to severe outcomes should they contract COVID-19. ...

Ruth Colker, an expert on disability law and the Distinguished University Professor and Heck Faust Memorial Chair in Constitutional Law at Ohio State University, questioned the legality of Cornell's approach. "I would say they got bad legal advice," she said. "Historically, employers have been given some deference if they put in writing what the essential qualifications are before the person made the request for accommodations. But we have an unusual situation right here because last year Cornell and other universities told students that they could accept their tuition and provide them with an appropriate education through all-online instruction."

Update:  Inside Higher Ed, Cornell Softens Stance On Remote Teaching By Faculty

https://taxprof.typepad.com/taxprof_blog/2021/08/cornell-to-prohibit-faculty-from-teaching-remotely-despite-rising-covid-cases-no-exceptions.html

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