In the past month, COVID-19, the illness caused by the Coronavirus, spread throughout much of the world, including to the United States. California has now reported its first fatality associated with the virus, and Governor Newsom declared a State of Emergency. Given the scope of the virus’s spread and the fact that health professionals do not anticipate a vaccine will be available for approximately one year, community college districts must be prepared with information for prevention of the spread of the virus, and other concerns around students and staff who may be exposed to the virus or who become ill.
There is significant uncertainty about the Coronavirus and COVID-19, and community college districts may encounter many issues during this time of uncertainty. Below are answers to some of the more common scenarios to help guide you as you navigate these issues:
How Can Districts Manage Panic around COVID-19?
Students may experience and express panic regarding COVID-19. There is a lot of uncertainty about the potential impacts of the virus. Governor Newsom’s declaration of a State of Emergency may have heightened panic and fear. While the declaration only serves to provide the State with greater access to resources where needed, even the term “State of Emergency” can cause people to feel panicked. We have seen runs on medical masks and hand sanitizer as people attempt to understand the level of risk while parsing information – sometimes conflicting – coming from the news media and other sources, including social media.
Currently, the Centers for Disease Control and Prevention (CDC) has said that at this time, “most people in the United States will have little immediate risk of exposure to this virus.” According to the CDC, even in communities where there has been a “community spread of the virus,” the risk of exposure is elevated but is still relatively low. This is a rapidly evolving situation, but that is the current information CDC has provided on its website. As a result, students are safe coming to campus and attending classes.
The best way to manage panic is to provide clear, understandable information to students. Here are some tips for managing panic:
Panic may also result in a rush to place blame based on ethnicity or national origin, both of which are protected classes under the Education Code. Students may have a perception that COVID-19 arose in certain countries. The CDC has issued travel warnings (called Level 3 Health Notices) that recommend against nonessential travel to China, Iran, Italy, and South Korea (“Level 3 Countries”). The media particularly focused on China in its early reporting regarding COVID-19 as the CDC has reported that China is the country where COVID-19 first appeared. Americans who have not traveled to any of the affected countries recently, have not been in close contact with a person infected with COVID-19, and are of Asian, Iranian, Italian, or Korean descent are at no more risk for having COVID-19 than anyone else. According to the CDC, “[v]iruses cannot target people from specific populations, ethnicities, or racial backgrounds.”
Nonetheless, information about the origins of Coronavirus and COVID-19 may result in stigma against people from the affected countries or those perceived to be from those affected countries. Where you see microaggressions (e.g., a student refuses to sit next to a student they perceive as being from a Level 3 Country), be sure to address them immediately. If you receive reports that a student or employee has made offensive comments or engaged other offensive conduct on the basis of ethnicity or national origin, follow your harassment policy. This means promptly investigating the allegations and taking all required steps to prevent continued behavior of the same type. Most importantly, be sure to role model appropriate, responsible discussion about COVID-19. You may also wish to include a statement in your communications to students that your district and college do not tolerate such behavior.
What Hygiene Measures Can and Should Districts Be Taking to Prevent the Spread of COVID-19?
Personal Hygiene
The CDC is currently recommending personal hygienic measures for prevention of the spread of COVID-19. COVID-19 spreads through respiratory droplets produced when an infected person coughs or sneezes or through close contact (6 feet or less) with an infected person. This is a good time to provide information and training to students regarding hygiene procedures. These are procedures that districts should practice regularly for prevention of any airborne illness, such as the cold and influenza. Hygiene measures are especially necessary for those districts that have dormitories or other on-campus housing, as COVID-19 can spread through close contact (six feet or less).
Encourage students to wash their hands properly as follows:
Facility Hygiene
A person may also get COVID-19 by touching a surface or object that has the virus on it and then touching his or her own mouth, nose, or possibly eyes. The CDC does not believe this is the main way the virus spreads. However, districts can engage in facility hygiene that may help avoid the spread of the virus this way by:
Other Preventative Measures
Districts and schools may consider the following additional preventative measures recommended by the California Department of Public Health:
Can districts tell students to stay at home if they have recently traveled to a country with a CDC Level 3 or Level 2 Travel Notices?
Districts should rely on the latest guidance of federal, state and local health departments before making any decisions regarding quarantine of students.
Currently, the CDC calls for quarantine of individuals who have traveled to countries with Level 3 travel notices, but not for countries with Level 2 or 1 travel notices. This means districts can require individuals returning from Level 3 countries to not come to campus for a period of 14 days from the time they left an area with widespread or ongoing community spread. The California Department of Public Health has recommended that districts exclude students who have a travel history over the course of the last 14 days to a country with a Level 3 travel notice. The CDC advises that these individuals self-monitor at home and practice social distancing.
Presently, the only country with a Level 2 travel notice is Japan. The CDC states that travelers who go to Japan “should limit contact with others and monitor their health for 14 days after returning to the United States.” It is unclear exactly what limiting contact with others means, but it appears to be something short of quarantine. This means districts should not automatically ask individuals who have traveled to a Level 2 country to stay away from campus or college events absent advice from a healthcare provider or public health official that supports such a measure.
When in doubt, districts should contact their local health department and seek their recommendation, rather than attempting to make medical decisions on their own. While districts should be aware of the CDC’s and other federal and state agencies’ current recommendations, it is your local public health department that is in the position of interpreting this guidance in light of the particular circumstances, including with respect to your district’s geographic area.
For example, the CDC states that if conditions worsen to the point where there is widespread transmission of Coronavirus, requiring quarantine of individuals who have traveled internationally could be arbitrary in the context of similar risk among others in the community if there is already an outbreak in your district’s or a college’s particular geographic area. Decisions that are arbitrary—apart from possibly having no public health benefit—also increase the risk of discrimination claims.
What Measures Should Districts Take When a Student Reports Illness While on Campus?
Districts and colleges should make clear in their communications with students that they encourage students to stay home from class if they are ill, regardless of the type of illness. Districts and colleges are not expected to screen students or staff to identify cases of COVID-19. The majority of respiratory illnesses are not COVID-19. If a community (or more specifically, a college or center) has cases of COVID-19, local health officials will help identify those individuals and will follow up on next steps. The CDC has offered the following additional guidance:
We also recommend having support for students who do not drive or use public transportation to and from campus. They may not be able to leave immediately, so a college may need to provide an isolated space for them to wait for transportation.
What should a district do if it learns that a community member has COVID-19 or has come into contact with someone with COVID-19?
According to the CDC’s Interim Guidance for Institutions of Higher Learning (“IHE”), a district may need to shut a campus (or the entire district) down for 14 days, or possibly longer, if a student or staff member was present on campus, either in class or in other campus facilities, before being confirmed as having COVID-19. The CDC further states,
IHE are not expected to make decisions about suspending classes or canceling events on their own. IHE can seek specific guidance from local health officials to determine if, when, and for how long to take these steps. Class suspension and event and activity (e.g., on-campus sporting, theater, and music events) cancellation may be recommended for at least 14 days, or possibly longer if advised by local health officials. The nature of these actions (e.g., geographic scope, duration) may change as the local outbreak situation evolves.
Accordingly, districts should alert their local health department if they become aware that a community member has a confirmed case of COVID-19.
As for situations where there is concern that a community member may have been exposed to someone with COVID-19, consistent with CDC guidance, we recommend that districts avoid independently making medical decisions—such as which individuals should be subject to quarantine—without advice from medical professional and/or public health officials. For example, in the case of an asymptomatic student who may have come into contact with someone with COVID-19, it may be appropriate to ask the family to consult with their doctor in order to understand the risk of exposure. Districts can also contact their local health officials for guidance in how to evaluate risks and appropriate response.
If directed by health officials, districts may need to provide notice to the community about potential exposure. Districts should coordinate with local public health officials in providing this notice. It is important to remember that districts may not disclose the identity of the subject individual—whether directly or indirectly—to the community, since doing so could violate their right to privacy under the Family Educational Rights and Privacy Act (“FERPA”), the California Constitution and California’s Confidentiality of Medical Information Act (“CMIA”).
If public health officials determine that a student may not attend class or other college-related activities for a period of time, district should take steps to academically support the student while studying from home. (We have addressed this in another section of this bulletin.)
How Should Districts Address Student Absenteeism Related to COVID-19?
Students may decide to stay home out of fear or panic, even when the risk of infection is low and the district has taken appropriate hygiene measures. Districts should encourage students to come to class if they have not been exposed to COVID-19, do not have active symptoms, or have not recently returned from travel to one of the Level 3 Countries identified above. While it is important to demonstrate empathy for students who are afraid to come to class, it is also important to ensure that students receive their appropriate and necessary instruction. Providing clear communications to students about risk levels and hygiene measures may help allay some fears. District communications should also remind students they should come to class if they do not have any risk factors for transmission.
According to a November 2018 Guidance memo from the California Community College’s Chancellor’s Office, districts “need to monitor class meeting cancellations to determine if the related class hours for course sections fall below the minimum to properly award a unit of credit as provided by Title 5, section 55002.5. If that occurs, a district will need to consider methods to make up lost instruction to at least that minimum level.”
On the other hand, districts should not set a tone that discourages students from staying home when they are legitimately ill. Students with respiratory illnesses (including a cough or flu) should stay home to avoid transmission to other students. Districts should clearly inform students that they do not expect sick students to attend class.
Where a district notices an unusual pattern of absenteeism, whether at a single campus or district-wide, it should notify the local public health department so the public health department can investigate whether there is an uptick in COVID-19 cases in the community.
When and Under What Circumstances Should a District Implement a Campus Closure?
Closure or suspension of classes may help prevent the spread of COVID-19 if there are identified cases of COVID-19 in the district community. District should work in close collaboration with local health department officials in determining whether to implement a campus or district-wide closure (for multi-college districts). The CDC’s Interim Guidance for Institutions of Higher Education states that districts are not expected to make decisions about closures on their own. Districts should seek specific guidance from local health officials to determine if, when, and for how long to take these steps. According to the CDC, local health officials may recommend class suspension and event activity cancellation for at least 14 days, or possibly longer. The nature of these actions (e.g., geographic scope, duration) may change as the situation evolves.
The CDC recommends that if local health officials report that there are cases of COVID-19 in the community, districts pro-actively reach out to their local health officials regarding whether to implement a closure. If local health officials recommend a district or campus closure, the CDC recommends that districts consider whether to keep campus open for staff members who are not ill so that they can develop and deliver instruction remotely.
How Should Districts Implement and Communicate Campus Closures?
Districts should follow their Emergencies Preparedness Plans with respect to campus closures. Districts may wish to consider whether to close only to students or to allow employees to remain on campus to perform duties. Districts should also have a plan for when they intend to reopen with a target to reopen as soon as possible.
If a district or college has decided to close, it will likely be because there is evidence that an employee or student tested positive for COVID-19, or local public health officials have concerns about community exposure. Districts should work with the local health department as well as other appropriate local authorities to determine the best way to communicate the closure and the reason for the decision to close. Districts and colleges should not identify the person or persons who have COVID-19 in any communication.
Districts should consider using available communication platforms, including their websites, social media, or text blasts (as available) to provide the most up-to-date information to students. Consider that not all students have internet or smart phones and find alternative methods to deliver important communications. Districts should provide information in language formats necessary to reach all students, and deliver communications calmly and professionally to ease student concerns as much as possible. The communications should be thorough enough to contain information to allay fear and panic.
Regardless of the type of communication, a closure may cause fear and panic. The district should provide students with resources to the local public health department, the CDC, and other agencies that can provide information about the COVID-19 risks, and what to do if a member of the family becomes ill.
In addition, there is relief available for loss of FTES. According to the Chancellor’s November 2018 Guidance, “Districts that have material decreases in FTES as a result of an emergency that impact both general and categorical funding, and/or may not meet the 175-Day requirement, may submit the Attendance Allowance Request Due to Emergency Conditions Form.” The College Finance and Facilities Planning Division of the Chancellor’s Office can provide districts with assistance with obtaining FTES relief.
Districts operating dormitories or other on-campus housing should continue to operate housing units even in the case of a campus closure.
How will the District Support Student Academics during a Campus Closure/Remote Instruction Possibilities?
We recommend that districts take proactive steps now to determine ways that they can support academic instruction during a closure period. Districts should consider making use of existing tools and applications for remote education, such as Canvas, as well as providing training to students, staff, and faculty regarding these tools and applications. Be aware that students may not have internet access at home. Districts should have backup plans to ensure they appropriately serve those students. In addition, the CDC has stated that well faculty and staff may remain on campus even when there is a suspension of classes so they may provide continuity of instruction.
How Should District Manage Civic Center Act Facility Use by Third Parties in the Event of a Campus Closure?
Districts should review their Joint Use Agreements/MOU’s with any party that utilizes District facilities for Civic Center Act purposes to determine their rights and obligations in the event of a campus closure. Administration should communicate its decision on campus closure to any group or party scheduled to use District facilities and try to reach a resolution of any anticipated disputes.
Should Districts Cancel Domestic and International Student Trips or Exchange Programs?
We understand that districts may have international and domestic trips planned for upcoming spring break, or at other times in the near future.
The CDC interim guidance states that districts may need to postpone or cancel trips that could expose students and staff to potential community spread of COVID-19. The CDC also advises that institutions of higher education consider postponing or canceling upcoming student foreign exchange programs and asking current program participants to return to their home country. The CDC states, in its guidance to institutions of higher education, that given the speed of the spread of the virus, and the number of countries experiencing human-to-human transmission, these institutions should evaluate the risks associated with choosing to maintain programs abroad and take the appropriate proactive measures. The CDC further advises that institutions of higher education that continue to maintain programs abroad monitor cdc.gov/COVID-19 for additional information.
As a result of the CDC guidance, reports indicate that many universities are cancelling their international spring break trips, and all spring break trips that involve air travel. For districts with upcoming international trips planned, we recommend that districts follow the CDC’s advice and consider cancelling these trips. Districts should also consider cancelling upcoming domestic trips that involve air travel.
We recommend that districts consult with their insurance carriers regarding whether they will have insurance coverage if they go forward with upcoming international or domestic trips. Districts should also regularly check the CDC’s webpage on Coronavirus Information for Travelers: https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html. This webpage includes a risk assessment by country map. The CDC currently recommends that travelers avoid all nonessential travel to China, Iran, South Korea, and Italy. The CDC recommends that older adults or those who have chronic medical conditions consider postponing travel to Japan. The CDC may issue further recommendations regarding travel as the outbreak develops. Districts should also regularly review the State Department Website regarding travel advisories at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/.
For districts that decide to go forward with upcoming international and domestic trips, we recommend that these districts amend their any student waivers so that they specifically identify the risks associated with travel as including exposure to the coronavirus, which may include being subject to quarantine for two or more weeks and travel delays. These waivers should also include links to the CDC and State Department websites with information about travel advisories in light of the coronavirus, and acknowledge that students are responsible for regularly checking these webpages for updated travel warnings.
For districts that decide to cancel upcoming domestic or international trips, if the trip is sponsored by a third-party travel vendor, districts and students may be able to receive refunds depending on the terms of the vendor contract, and whether they include force majeure provisions that could apply to this situation. Districts and students who purchased trip insurance may be able to use this insurance under these circumstances, depending on the terms of the insurance. If the district sponsors the trip, and there is no third-party vendor, whether or not the district will need to reimburse students will depend on the terms of the agreements with the students. Many airlines are waiving change fees for those who want to postpone travel due to the coronavirus.