COVID-19 Mandatory Vaccination Directive

Purpose

The purpose of this Directive is to support efforts to prevent the spread of COVID-19 within the university community. Vaccination against COVID-19 is the single most effective public heath measure to reduce the spread of COVID-19. This Directive establishes a requirement for mandatory COVID-19 vaccination before permitting University Members and other individuals to enter University Space, including indoor and outdoor University Space.

Definitions

For the purposes of this Directive the following definitions apply:

“Approved Vaccine” means a COVID-19 vaccine approved by Health Canada or the World Health Organization.

“Full Course” means either a single dose of a single-dose vaccine, or two doses of a two-dose Approved Vaccine, or approved combination of vaccines.

“Fully Vaccinated” means that:

• An individual has received all required doses for a series of an Approved Vaccine, or approved combination of vaccines; and
• 14 days have passed since completing the course of doses.

“Partially Vaccinated” means that:

• An individual has received only a single dose of a two-dose course of an Approved Vaccine; or
• An individual has received all required doses for a series of an Approved Vaccine, but 14 days have not passed since completing the course of doses.

“Public Health Guidance” means the guidance of the Public Health Authority of Canada (PHAC), Ministry of Health, Public Health Ontario, and Durham Region Health Department (DRHD). Where guidance from these organizations conflicts, the Durham Region Health Department’s guidance prevails.

“University Space” means any location owned, leased, rented or otherwise occupied by the University and made available for use.

“University Member” means any individual who is:

• Employed by the University or holding an appointment with the University, including paid, unpaid and/or honorific appointments (“Employee”);
• Registered as a student, in accordance with the academic regulations of the University (“Student”); and/or
• Otherwise subject to University policies by virtue of the requirements of a specific policy (e.g. Booking and Use of University Space) and/or the terms of an agreement or contract.

Scope and authority

This Policy applies to all University Members in University Space and all other individuals in University Space.

The Provost and Vice-President Academic, or successor thereof, is the Policy Owner and is responsible for overseeing the implementation, administration and interpretation of this Directive.

Directive

Effective Date: This Directive takes effect September 3, 2021.

Mandatory Vaccination

1. From September 3 until October 17, 2021 only University Members who have:
   1. Uploaded proof of having received a Full Course of an Approved Vaccine;
   2. Uploaded a University-approved accommodation letter; or
   3. Provided a self-declaration of being Partially Vaccinated, and provided proof of a negative rapid test
      

      
      using the provided software/mobile application will be permitted to enter University Space.

2. All other individuals in University Space must have received a Full Course of an Approved Vaccine, as a condition of entering University Space.
3. As of October 17, 2021, Individuals who have not received a Full Course of an Approved Vaccine, or approved combination of vaccines will no longer be permitted to enter University Space without an approved accommodation plan, or until they become Fully Vaccinated.
4. Contractors must ensure that their workers are Fully Vaccinated before entering University Space. Sending an employee who is not Fully Vaccinated to University Space is a material breach of the University’s contract with that contractor.

Temporary rapid-testing process

1. Until October 17, University Members who are Partially Vaccinated must proceed immediately to a rapid testing location and receive a rapid test with a negative result prior to entering University Space.
2. The University will make rapid testing locations available.

Proof of COVID-19 Vaccination

1. Individuals entering University Space will be required to upload proof of having received a Full Course of an Approved Vaccine on or before the date they intend to enter University Space.
2. University Members will be required to upload an official document issued by government or the organization that administered the vaccine using the provided software/mobile application. This document will include, at a minimum:
   1. Individual’s name;
   2. Date of final vaccine dose of a Full Course; and
   3. Name of the organization that issued the document.
3. False declarations or false documents: Individuals who make false declarations about, or provide false documents related to, being vaccinated may be subject to disciplinary actions, in accordance with a collective agreement or university policy, as applicable, up to and including, but not limited to:
   • expulsion for students,
   • termination for employees,
   • termination of contracts for material breach for contractors and
   • removal/restriction from campus for visitors and/or any other attendees.
     

     
     Such individuals could also be at risk of criminal and/or civil liability.

Privacy

1. Personal information, including vaccination status and official documents, collected by Ontario Tech will be collected, disclosed, used, stored and retained in accordance with Ontario Tech’s Freedom of Information and Protection of Privacy Policy and the Freedom of Information and Protection of Privacy Act. Access to this information will be limited within the University on a strict need-to-know basis.
2. The university may disclose this information to Durham College employees who are providing services to the University under an agreement to share services. This information will be shared only to the extent required to provide the service.
3. This information will be used and disclosed for the purpose of enacting this directive, as well as other purposes authorized and required by law, for example, it may be disclosed to the Chief Medical Officer of Health and Ontario public health units where disclosure is necessary for a purpose of the Health Protection and Promotion Act or local public health guidelines.
4. Personal information will be reviewed by authorized Ontario Tech staff and will be disposed of as soon as possible after review, unless further verification is required. Documentation that requires further verification will be retained until it has been validated. If documentation cannot be validated, it will be retained for the purpose of an investigation under section 8.3 of this Directive.

Accommodation

1. The University is committed to promoting an environment where everyone has an equal opportunity to contribute to their fullest potential and where all are treated with sensitivity, fairness and respect. Anyone who cannot be vaccinated, based on medical or other grounds recognized by the Ontario Human Rights Code, can request an accommodation to be considered on an individual case-by-case basis.
2. Individuals who receive an accommodation based on grounds recognized by the Ontario Human Rights Code are legally required to be accommodated and will be accommodated to the point of undue hardship.
3. To continue to protect the health and safety of the campus community, approved accommodations may include measures other than the applicant being granted access to campus.
4. Individuals who are granted accommodations to attend campus without being Fully Vaccinated may be subject to additional conditions that are deemed to be in the best interests of the health and safety of the individual and the broader community, including but not limited to: heightened health and safety measures, alternative work and study arrangements, and rapid COVID-19 testing.
5. An approved accommodation plan must be in place and uploaded using the provided software/mobile application prior to entering University Space.
6. Disputes regarding the University’s accommodation processes are addressed under the Respectful Campus Policy and related procedures.

Accommodations for students

1. Student requests for accommodation will be handled formally pursuant to the University’s Accommodation Policy and applicable Academic Accommodation for Students with Disabilities Procedures.
2. A request for accommodation will be submitted using an Ontario Tech COVID-19 Vaccination Accommodation Application. Forms will be submitted to and reviewed by Student Accessibility Services.
3. Forms and email links are available on the web [LINK].

Accommodations for employees

1. Employee requests for accommodation will be handled formally pursuant to the University’s Accommodation Policy and applicable Accommodation for Employees and Job Applicants with Disabilities Procedures.
2. A request for accommodation will be submitted using an Ontario Tech COVID-19 Vaccination Accommodation Application. Forms will be submitted to and reviewed by the Health and Disability Management Specialist, Human Resources.
3. Forms and email links are available on the web.

Monitoring and review

This Directive will be reviewed as necessary and at least every year and is subject to change at any time in accordance with Public Health Guidance.  The Provost and Vice-President, Academic, or successor thereof, is responsible to monitor and review this Directive and related public health direction.

Relevant legislation

Human Rights Code, R.S.O. 1990, c. H.19

Occupational Health and Safety Act, R.S.O. 1990, c O.1, as amended

Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter F.31

Related policies, procedures & documents

Booking and Use of University Space Policy

Booking and Use of University Space Procedures

Student Conduct Policy

Accommodation Policy

Procedures for Accommodating for Employees and Job Applicants with Disabilities

Procedures for Academic Accommodation for Students with Disabilities

Respectful Campus Policy