When a university ask any of its students to sign a waiver for illness, injury, or death due to COVID-19, that university is communicating the following. 1/

This university is asking/encouraging students to do non-essential things - play sports, attend classes in person - that increase the risk of illness, injury, death from COVID-19. 2/

This university is fully aware of the increased risk of illness, injury, death but rather than take responsible precautions including delaying or halting nonessential activities the university is laying groundwork for legal defense to liability claims arising from same. 3/

I’m looking at you @OhioState. 4/ https://www.cbssports.com/college-football/news/ohio-state-requires-players-to-sign-covid-19-waivers-a-move-that-will-likely-become-commonplace/

My scholarly opinion (not legal advice): no university student should sign any waiver of COVID-19 claims. If universities insist as condition of enrollment or participation, they are undercutting any legal defense that turns on actual choice to accept risk. 5/

More scholarly opinion, not legal advice: uni students who do go to in-person classes or participate in sports should write letters to university counsel stating attendance/participation in no way constitutes a waiver of any claims of injury, illness, death from COVID-19. 6/

Ditto for faculty and staff. 7/

More scholarly opinion, not legal advice: any student or faculty member who feels compelled to show up in person on-campus rather than participating remotely bc of fear of being downgraded should put that in writing to university counsel, deans. 8/

In short, as a torts scholar, I see universities acting as businesses do when they knowingly create tortious risks and plan to defend by saying those they harm consented to run risk, thereby disqualifying injured people from seeking damages. 9/

Universities may also be be planning defenses based on claims that whatever their own carelessness, students and faculty who come onto open campuses are acting equally imprudently in the face of pandemic. 10/

This sort of defense should not succeed. Universities are carelessly (recklessly, maybe) creating conditions that make it hard for prudent students and faculty to disregard being downgraded if they do not participate in person. 11/

Still, students/faculty who do should put in writing why they make the decision to do so, especially if they have sound reason for that despite awareness of risky environments university is creating. (Again, my scholarly view, not legal advice.) 12/