Tag: Interim

  • Florida Finalizes Interim President Hire

    Florida Finalizes Interim President Hire

    The Florida Board of Governors unanimously approved Donald Landry on Thursday as interim president of the University of Florida, three months after it rejected Santa Ono for the job in a split vote.

    Landry, who has a lengthy academic résumé but has never been a college president, will now be among the top-paid campus leaders in the country, with a base salary of $2 million and the potential to earn an additional $500,000 in bonuses. But the one-year contract also includes an unusual caveat: Landry will earn $2 million in severance pay if he is not selected for the permanent job.

    Such a guarantee is an anomaly for an interim president, one expert said.

    The Interview

    Landry’s interview with the Board of Governors Thursday was much less contentious than Ono’s.

    The board grilled Ono, who resigned as president of the University of Michigan to pursue the top job at UF, for almost three hours, mostly over his past support of diversity, equity and inclusion initiatives, which he sought to distance himself from ahead of the interview.

    But on Thursday, it was clear from the outset that board members liked what they saw in Landry.

    Prior to the vote, University of Florida Board of Trustees chair Mori Hosseini ticked off Landry’s accomplishments, noting he is a celebrated physician and academic. Hosseini also highlighted his various roles, such as chair emeritus of the Department of Medicine at Columbia University and president of the American Academy of Sciences and Letters, as well as his prior experience on the President’s Council on Bioethics during the George W. Bush administration, among other achievements.

    “We are excited to see what UF can accomplish under his leadership,” Hosseini told the board.

    The statewide Board of Governors also seemed excited about the candidate, approving his hire after an interview of around 30 minutes, which included more complimentary remarks from members praising Landry for his leadership in the health field and for filing an amicus brief supporting Florida and Texas officials in a Supreme Court case last year. In that brief, Landry argued against content moderation efforts on social media platforms, which he cast as censoring alternative perspectives and “suppressing dissent on a host of scientific questions.”

    Paul Renner, a former Republican lawmaker and current gubernatorial candidate, told Landry, “In addition to your remarkable academic record, it strikes me as unique that I don’t know anyone else in academia that’s filed an amicus brief to the Supreme Court in defense of free speech.”

    Renner also asked how Landry would defend free speech at UF.

    Landry answered that beyond academic freedom and free speech, there “is a right to teach and a right to learn.” He said he would prevent disruptions to “the teaching functions of the university” by emphasizing time, place and manner restrictions “as significant as necessary but as small as possible” to balance free speech with UF’s mission. Landry also emphasized the importance of inculcating a culture of civility and the need for UF students and faculty to buy in.

    At another point in the interview, Landry expressed concerns about “ideological pressure” to “not speak to certain topics,” specifically referring to climate change. He argued that climate activism has suppressed the free discussion of science, which Landry said “is not settled in that area.”

    The Contract

    One expert noted that several parts of Landry’s contract stand out as unusual—starting with severance pay if he’s denied the permanent job in a year.

    “I’ve never seen a guarantee of any type given to an interim,” said Judith Wilde, a research professor at George Mason University who studies presidential searches and contracts.

    The salary itself is also quite substantial, especially for an interim president, she said. Ono was set to make around $3 million a year, which Wilde suspects the next permanent president will also get.

    “Given the way that Santo Ono was treated in Florida, they may have been fearful that it would be difficult to get anybody to come. So they’ve advertised, in a sense, that they are still willing to give a big salary,” Wilde said. “Whoever steps into that job will probably get at least $3 million.”

    Wilde also said that the key duties and responsibilities listed in Landry’s contract are highly prescriptive compared to other contracts, which don’t spell out specifics to the same level of detail. Among other duties, Landry is directed to appoint a permanent provost, fill interim dean positions and other vacant leadership roles, and “accelerate efforts” to encourage “Jewish students who feel threatened or harassed at other institutions to apply for admission.”

    He is also instructed to “work with Florida and Federal [Department of Government Efficiency] to eliminate waste, fraud, and abuse”—a provision that has appeared in other presidential contracts. (While Ono’s contract also included that provision, it was less prescriptive over all.)

    Several of the key duties and responsibilities, including certain hiring decisions, require the approval of UF’s board chair, which Wilde said would grant significant power to Hosseini.

    “In essence, it makes him a co-president,” Wilde said.

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  • University of Florida Hires Interim President

    University of Florida Hires Interim President

    After months of uncertainty over who will lead the University of Florida, the Board of Trustees tapped Donald Landry as interim president in a unanimous vote at a meeting Monday morning.

    Landry, chair emeritus of the Department of Medicine at Columbia University, will replace outgoing interim president Kent Fuchs, whose contract ends on Sept. 1. The appointment comes after the Florida Board of Governors rejected Santa Ono as UF’s next leader in June over his past support of diversity, equity and inclusion efforts, despite the university’s trustees approving the hire.

    Landry, who is currently president of the American Academy of Sciences and Letters, will officially step into the job on Sept. 1, pending successful contract negotiations. Details of Landry’s contract have not been released, but Ono was set to make about $3 million annually.

    The interim hire will still need to be approved by the state’s Board of Governors.

    UF’s New Leader

    In a public hourlong interview during Monday’s board meeting, Landry promised that UF would be “neutral” under his leadership. However, he added a caveat.

    “A neutral university, paradoxically, in this nation at the moment would be a conservative university. Not espousing conservative values, certainly not indoctrinating in conservatism,” Landry said. “We’d be neutral. We wouldn’t choose sides.”

    Landry also criticized Columbia faculty and administrators for failing to respond to concerns about antisemitism amid pro-Palestinian student protests last year. Last month the university reached a settlement with the federal government that included sweeping reforms to academic programs, speech and disciplinary policies, as well as a $221 million payout.

    “I saw things at Columbia that suggested an alignment between some faculty and students that I think encouraged the students to do things that were more reckless,” Landry told UF’s board.

    At another point, when asked about DEI, he said when it “first emerged it was a bit vague what it actually meant” but “by the time it crystallized it was clear [DEI] had gone too far.” Landry added that he was thankful the “government has intervened and returned us to a rational meritocracy.”

    Landry also cast himself as someone who resisted DEI at Columbia when it was “being implemented widely at every level, from the very top down to the smallest unit,” adding that “the Department of Medicine never wavered in its commitment to excellence” in his time there. Landry vowed to uphold state laws barring spending on DEI at Florida’s public institutions.

    A physician by training, Landry has degrees from Lafayette College, Harvard University and Columbia’s College of Physicians and Surgeons. In 2008, President George W. Bush awarded Landry the Presidential Citizens Medal for his work on stem cell research, which used embryos that did not survive in vitro fertilization. Bush lauded Landry as a man of science and faith, crediting his approach to stem cell research. Landry was also on the President’s Council on Bioethics during the Bush administration.

    Landry has also brought his scientific training to bear on other political debates. In early 2024, he filed a brief in a Supreme Court case in support of former Florida attorney general Ashley Moody and Texas attorney general Ken Paxton, who were sued by a technology trade group over laws passed in both states seeking to limit content moderation on social media platforms. Landry expressed concerns about censoring alternative perspectives, arguing that “the danger of censoring scientific dissent is painfully apparent from the conduct of social media platforms during the COVID-19 crisis,” which “reinforced prevailing opinion and allied government policy by suppressing dissent on a host of scientific questions.”

    SCOTUS ultimately remanded the case to the lower courts.

    Landry has also praised Jay Bhattacharya, director of the National Institutes of Health and an epidemiologist who was skeptical of the dangers of COVID-19 and prevention measures such as stay-at-home orders. Last year Landry said that Bhattacharya refused “to compromise his scientific findings,” thus risking “his own personal and professional self-interest, repeatedly, without hesitation, to take a stand for the public’s right to unrestricted scientific discussion and debate.”

    ‘A Great Selection’

    UF Board of Trustees chair Mori Hosseini emphasized Landry’s scientific background in a news release announcing the hire, stating the new interim president “has shown exceptional leadership in academia and beyond, building programs with innovation, energy and integrity.”

    Chris Rufo, the conservative anti-DEI activist who helped tank Ono’s chances at the UF presidency through an online campaign highlighting his past statements, praised the hire.

    “Dr. Landry is a principled leader who will reverse ideological capture and restore truth-seeking within the institution. Kudos to the UF board of trustees on a great selection,” Rufo wrote on social media.

    Alan Levine, a member of the Florida Board of Governors who voted against hiring Ono, also praised the selection in a post on X, calling Landry “an excellent choice” for the UF interim presidency.

    Landry is expected to serve as interim president while UF begins a national search for its next leader. The university has been without a permanent president since former Republican senator Ben Sasse of Nebraska abruptly resigned from the job shortly before a spending scandal emerged.

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  • Howard President Steps Down, Former President Appointed Interim

    Howard President Steps Down, Former President Appointed Interim

    Cheriss May/NurPhoto via Getty Images

    Howard University president Ben Vinson III will step down Aug. 31, two years after assuming the role and two weeks after the start of fall classes, university officials announced Friday. Former Howard president Wayne A. I. Frederick will serve as interim president. 

    “It has been an honor to serve Howard,” Vinson said in a statement. “At this point, I will be taking some time to be with my family and continue my research activities. I look forward to using my experiences as president to continue to serve higher education in the future.” 

    University officials declined to comment about why Vinson is leaving only two years after he took up the helm. During his tenure, the Washington, D.C.–based HBCU became an R-1 research institution and brought on several high-profile faculty, including journalist Nikole Hannah-Jones, author Ta-Nehisi Coates and historian Ibram X. Kendi. The university also hosted Kamala Harris’s election night watch party.

    But the past year has also brought its share of challenges. In May, the Trump administration proposed cutting Howard’s federal funding by $64 million in fiscal year 2026, bringing it back to its 2021 funding level. Over the summer, the administration took heat from students over surprise bills that appeared on their accounts when the university transitioned to a new student financial platform, and some students turned to crowdfunding to pay those bills. 

    “On behalf of the Howard University Board of Trustees, we extend our sincere gratitude to Dr. Vinson for his service and leadership as president,” board chair Leslie Hale said in a statement. “We extend our very best wishes to him in his future endeavors.”

    Frederick, who served as president of Howard from 2014 to 2023, will remain interim president while the board conducts a nationwide search for a permanent replacement.

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  • How to Be Interim Dean and Make an Impact (opinion)

    How to Be Interim Dean and Make an Impact (opinion)

    A little more than a year ago, I was appointed interim dean of my college. My predecessor had left us abruptly, and as a former school chair and senior associate dean, I was a predictable choice. Here are some recommendations based on this unexpected journey.

    Before You Even Begin

    Ask your provost to add the option of applying for the dean position to your appointment letter, just in case. I did but soon determined I would not be a candidate. I had become too much of an insider over the prior 13 years to be the improvement agent I thought my college needed. In my experience, external hires are better at bringing about critical change because they arrive without a set reputation and entrenched expectations. The fact that several colleagues encouraged me to apply for the position made clear to me that many people wanted things to stay the same. Many of them seemed to say, “We know you, and we know you won’t rock the boat.”

    Seek the Fellowship of Staff

    As an interim dean, more so than a full-term dean, you quickly need to earn the respect and goodwill of the college staff, associate deans, chairs and directors. I received buy-in by acknowledging that the continued success of the college didn’t depend on me as “decider in chief,” but on the hands-on collaboration from everyone. Send clear signals that “it’s the team, not the dean.”

    ‘Not All Those Who Wander Are Lost’

    I participated in a formal orientation for new administrators by the University System of Georgia about legal, organizational and leadership matters. Other than that, I was mostly left to my own devices, especially when it came to prioritizing among the numerous events and meetings to which a dean gets invited. I ended up wandering into events at which I was the only dean, but ironically this earned me much fortuitous appreciation. When requesting a meeting with a newly elected Faculty Senate leader, they told me my kind of outreach was unheard-of. We had a great convo over a double espresso, and I learned loads about faculty concerns and hopes.

    Seek the Fellowship of Other Deans

    Deans operate at the intersection between senior leadership and department chair, and being wedged in the middle makes for good collegial collaboration. My fellow deans communicated swiftly and reliably and shared draft documents, and we often managed to speak with a common voice on issues. I reciprocated their support by creating a fancy name (“Veritable Decanalia”) for our monthly social gatherings at a hotel bar.

    Don’t Be Interim

    Don’t think of yourself as a placeholder who just keeps the trains running. You are, in fact, the dean, and it’s OK to improve upon your predecessor’s strategies. While you should think twice about too many radical changes (for example, to your college’s reporting structure), feel free to add your own signature. In my case, the signature moves had to do with a focus on student success. For example, two months after taking charge, I adjusted existing budget priorities based on recent data and moved 40 percent of new funding to support graduate education. I also convinced the college advisory board members to become a “giving board” and help fund additional need-based dean’s scholarships for undergraduate students.

    Finally, I surprised everyone by organizing a Year of the Liberal Arts at my STEM-focused university. Such activities can amplify your college’s reputation, and more so when nobody expects this level of activity while an interim person is dean. And they signal to prospective dean candidates that your college is a vibrant place they might want to join.

    And: Be Interim

    Does that sound contradictory? Well, the temporary nature of your appointment can increase the success of your successor if you take care of essential housekeeping items before they arrive. Your successor should not, as one of their first actions, be obliged to impose a spending freeze on a department whose chair overspent by several hundred thousand dollars, and they should not have to press a unit into a memorandum of understanding to return to their contractually mandated (but clandestinely lowered) teaching load. It’s easier for you to repair such matters, and the new dean can begin their work without turning into Draco, the enforcer.

    Over all, heed Gandalf’s advice from The Lord of the Rings for your interim appointment: “All we have to decide is what to do with the time that is given to us.” If being constantly reminded of the limited nature of the position bothers you, don’t go for this kind of job. My appointment as interim dean was announced at the same time as the timeline and details for the search committee to replace me; the search process ran simultaneously with my daily work, and an eager staff member changed the nameplate outside my office door two weeks before I moved out. So it goes.

    If you enjoy, for a window of six months to one year, improving the conditions within which students, staff and faculty may thrive, jump at the chance. Your rewards include a steep learning curve and a better understanding of your own institution and higher education in general.

    Of course, while you are on this exhilarating journey of servant leadership, start planning early on for the time after your appointment ends. I admit to having a momentary feeling of relief about moving out of a position that included, especially since January 2025, more political and budgetary emergencies than I had bargained for. But I was just as swiftly persuaded to support my new dean by remaining part of the college leadership team, albeit in an appointment that honored what I had recently learned.

    Richard Utz is senior associate dean for strategic initiatives in the Ivan Allen College of Liberal Arts at Georgia Tech.

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  • UVA Seeks Nominations for Interim President

    UVA Seeks Nominations for Interim President

    The University of Virginia is accepting nominations for an interim president to replace former executive James Ryan, who announced his resignation late last month under pressure from the Department of Justice. Ryan officially stepped down last Friday.

    The nomination form will remain open to all members of the university community through July 25. Then the board will conduct a series of listening sessions with faculty, staff, division leaders and students.

    “The Board of Visitors is committed to working closely with members of our community to hear their perspectives and ensure stability and continuity going forward,” board rector Rachel Sheridan said in a news release. “Shared governance is a core value of this institution and we will uphold it as we pursue the selection of an interim president, as well as our 10th university president after that.”

    In the meantime, Jennifer Wagner Davis, the university’s chief operating officer, is serving as acting president.

    The Justice Department had accused Ryan and the flagship institution of failing to eliminate all DEI programs on campus, violating Title VI of the Civil Rights Act, which prohibits discrimination based on race, color and national origin. The letters said that Ryan and his “proxies” had made “little attempt to disguise their contempt and intent to defy these fundamental civil rights.” But the Trump administration has said multiple times that it did not demand Ryan’s resignation verbally or via the letters.

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  • UWF Taps Florida GOP Official as Interim President

    UWF Taps Florida GOP Official as Interim President

    Another former Florida lawmaker is stepping into a presidency after the University of West Florida Board of Trustees voted to hire Manny Diaz Jr. in an interim capacity Tuesday.

    Diaz, who is currently Florida’s education commissioner, served in Florida’s Senate from 2019 to 2022. The former GOP lawmaker is a close ally of the state’s Republican governor, Ron DeSantis. 

    The UWF board approved the hire despite the objections of two trustees who raised concerns about transparency and argued that the process of selecting an interim was rushed. UWF’s current president, Martha Saunders, announced her resignation earlier this month after a board member took issue with social media posts from the university dating back several years. Zach Smith, who works for the Heritage Foundation, said he was troubled by actions that included encouraging students to read a book about antiracism and promoting a drag event in 2019.

    Both board members and the public questioned Diaz’s qualifications at the meeting.

    Trustee Alonzie Scott noted that it was unusual to select an interim without considering internal options and questioned how Diaz was elevated as a sudden candidate without a prior board discussion. He also pressed board chair Rebecca Matthews on whom she spoke with before advancing Diaz as the pick, though she did not offer specifics on those conversations.

    “I don’t feel as if I have to run through that list with you today,” Matthews told Scott when he asked whom she had discussed the appointment with before adding it to the board agenda.

    Scott also questioned whether the board had violated state sunshine laws.

    “I can’t prove that any of us have violated the sunshine guidelines, but I can tell you everything that I read about all the different Florida news outlets, it appears that those decisions were made before this board even had a chance to even discuss. And to me, ma’am, that is a travesty in terms of how we operate,” Scott said, adding the process was “a disservice to the community.”

    Matthews defended the hire, noting Diaz’s past work in K-12 education and the State Legislature.

    Diaz will formally assume the interim presidency July 14. Despite tapping Diaz as interim, the board will begin a search for its next president, though some trustees argued that naming Diaz instead of an internal candidate to lead UWF would likely suppress the number of applicants.

    Of five presidents hired at Florida’s public universities this year (including interim roles), Diaz is one of four who are either former lawmakers or directly connected to the governor’s office. Santa Ono, who was hired as president of the University of Florida on the same day UWF tapped Diaz, is the outlier.

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  • Pasco-Hernando Taps DeSantis Ally as Interim President

    Pasco-Hernando Taps DeSantis Ally as Interim President

    Weeks after Pasco-Hernando State College president Jesse Pisors resigned abruptly, the board named Florida Department of Juvenile Justice secretary Eric Hall interim president Tuesday.

    Republican governor Ron DeSantis appointed Hall to the department in late 2021. Prior to that role, Hall served as senior chancellor of the Florida Department of Education from early 2019 to late 2021. Before that appointment, his educational experience was largely in the K-12 space.

    Hall was a finalist in the 2023 PHSC presidential search that ended with Pisors in the top job. 

    Pisors resigned after less than 18 months as president. His departure followed the release of a critical report by Florida’s version of the Department of Government Efficiency, which indicated the college was among the worst in the state in terms of student growth and retention. Board members alleged that they had not been made aware of those numbers, despite requests.

    However, The Tampa Bay Times reported that there has been skepticism around the validity of the report, which some critics argued was a flawed analysis of PHSC’s student outcomes.

    The newspaper also noted that DeSantis appointed Hall to a government efficiency task force in late 2023, an effort that was ultimately a forebear of the state’s DOGE apparatus.

    Hall is one of multiple DeSantis allies hired to lead a public institution in Florida this year. Others include Marva Johnson, a lobbyist, hired to lead Florida A&M University last week, and former Florida lieutenant governor Jeanette Nuñez at Florida International University, as well as former state lawmaker Adam Hasner at Florida Atlantic University, both of whom were hired in February. (Nuñez was hired as an interim but has since been named sole finalist for the job.)

    Prior political hires include Ben Sasse, a former Republican U.S. senator from Nebraska, who briefly led the University of Florida before stepping down amid a spending scandal, and former state lawmaker Richard Corcoran at New College of Florida. Another former GOP lawmaker, Ray Rodrigues, was hired as chancellor of the State University System of Florida in 2022.

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  • Columbia University’s Interim President Resigns Amid Trump Administration’s Pressure Over Campus Activism

    Columbia University’s Interim President Resigns Amid Trump Administration’s Pressure Over Campus Activism

    Columbia University’s interim president, Dr. Katrina A. Armstrong, resigned on Friday, just days after the university made significant concessions to the Trump administration in exchange for the restoration of $400 million in federal research funding. Armstrong’s resignation follows a tumultuous period for the institution, already reeling from the departure of her predecessor, Minouche Shafik, in August 2024.

    Armstrong, who had stepped into the role of interim president during a time of political and social unrest, faced mounting pressure over the university’s handling of pro-Palestinian student activism, which sparked national controversy and calls for accountability from political leaders, including former President Donald Trump and his administration. Armstrong’s resignation marks the latest chapter in a series of leadership shifts at Columbia as it navigates the increasingly polarized political environment surrounding campus protests.

     

    Effective immediately, Claire Shipman, co-chair of Columbia’s Board of Trustees, has been appointed acting president. David J. Greenwald, chair of the Board of Trustees, praised Armstrong for her dedication to the university, acknowledging her hard work during a time of “great uncertainty.” Greenwald’s statement highlighted Armstrong’s contributions to the university, saying, “Katrina has always given her heart and soul to Columbia. We appreciate her service and look forward to her continued contributions to the University.” Armstrong, who will return to lead the Irving Medical Center, had taken on the interim presidency in a period marked by increasing tensions on campus over political activism and its fallout.

    Political Pressure and Concessions to the Trump Administration

    The resignation comes amid significant political pressure, as the Trump administration imposed a set of demands on Columbia in exchange for the release of crucial federal funding. Earlier this month, the administration presented the university with nine conditions to restore the $400 million in research grants that had been frozen over accusations of antisemitism linked to campus protests.

    In an effort to regain the funding, Columbia conceded to these demands, which included a ban on students wearing masks to conceal their identities during protests, except for religious or health reasons. Additionally, Columbia agreed to hire 36 new campus security officers with the authority to arrest students involved in protests. The university also committed to increasing institutional oversight by appointing a new senior vice provost to monitor the university’s Department of Middle East, South Asian, and African Studies.

    Perhaps most notably, Columbia pledged to adopt a stance of “greater institutional neutrality,” a policy that the university said would be implemented after working with a faculty committee. The decision was seen as an attempt to quell political tensions while navigating the contentious issues surrounding student activism.

    A Leadership Crisis at Columbia University

    Armstrong’s resignation follows the departure of Minouche Shafik, who faced widespread criticism for her handling of campus protests against the war in Gaza. Under Shafik’s leadership, Columbia became a focal point of national debates about free speech, activism, and the role of universities in responding to global conflicts. Shafik ultimately resigned after facing intense scrutiny for her handling of the protests and the occupation of an academic building by students, an incident that ended with NYPD officers forcibly removing the students.

    In Armstrong’s case, her tenure was similarly marred by controversies surrounding the university’s response to the growing political activism on campus. The university’s handling of pro-Palestinian protests, particularly those related to the ongoing Israel-Palestine conflict, led to calls for stronger action from political figures, especially within the Republican Party. Armstrong’s decision to oversee negotiations with the Trump administration over the university’s federal funding placed her at the center of a storm of political and social unrest, further intensifying the pressure on her leadership.

    Columbia’s Future Amidst Political Turmoil

    The resignation of Armstrong is a significant moment for Columbia, as the institution grapples with the broader implications of political activism within academia and the increasing role of government in shaping university policies. As the university enters another phase of leadership instability, the question remains: how will the next president balance the competing demands of activism, free speech, and political pressures from outside forces?

    Columbia’s decision to adopt a policy of institutional neutrality and increase security measures reflects the complex and polarized environment that universities are navigating in today’s political climate. The growing influence of political figures like Trump and the scrutiny placed on universities over their responses to student protests signal a new era for higher education, one where the lines between campus activism and political power are increasingly blurred.

    As the search for a permanent president continues, Columbia University will need to chart a course that both addresses the concerns of its diverse student body and faculty while navigating the external pressures that have shaped the university’s recent trajectory. The role of universities in fostering open dialogue, supporting activism, and protecting the rights of students will likely continue to be a central issue in higher education for years to come.

    Conclusion

    The resignation of Katrina Armstrong adds to a growing list of university presidents who have faced intense political pressure and scrutiny over campus activism, particularly surrounding Middle Eastern and global conflicts. Columbia’s next steps will be crucial not only for the future of the institution but also as a bellwether for how universities across the country navigate the increasingly complex landscape of political activism, academic freedom, and government intervention. The institution’s response to these challenges will undoubtedly have long-term implications for the role of higher education in a polarized society.

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  • OSHA Emergency Temporary Standard and CMS Interim Final Rule on Vaccination Requirements Released – CUPA-HR

    OSHA Emergency Temporary Standard and CMS Interim Final Rule on Vaccination Requirements Released – CUPA-HR

    by CUPA-HR | November 4, 2021

    On November 4, the Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS) issued their highly anticipated Emergency Temporary Standard (ETS) and interim final rule (IFR) setting vaccination requirements for employers with 100 or more employees and healthcare workers, respectively. Under the new policies, covered employers with 100 or more employees, healthcare workers at facilities participating in Medicare or Medicaid, AND federal contractors requiring vaccinations under Executive Order 14042 (EO) will be required to be fully vaccinated — either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson — by January 4, 2022.

    A Fact Sheet announcing the new vaccinations rules provides the following information on the OSHA ETS, CMS IFR and federal contractor vaccination requirements:

    OSHA Emergency Temporary Standard

    In lieu of full vaccination, the OSHA ETS for employers with 100 or more employees (covered employers) also offers the option for unvaccinated employees to produce a verified negative COVID-19 test to employers on at least a weekly basis. OSHA does clarify, however, that the ETS does NOT require employers to provide or pay for tests, but notes that employers may be required to pay for testing due to other laws or collective bargaining agreements.

    The ETS also establishes policies that require covered employers to provide paid time off (PTO) for their employees to get vaccinated and, if needed, sick leave to recover from side effects that keep them from working. Additionally, all covered employers will be required to ensure that unvaccinated employees wear a face mask in the workplace. While the testing and vaccination requirements will begin after January 4, the ETS states that covered employers must be in compliance with the PTO for vaccination and masking for unvaccinated workers requirements by December 5, 2021.

    Importantly, OSHA clarifies in the ETS that the rule will not apply to workplaces already covered by the CMS IFR, as well as the federal contractor vaccination requirement set forth by President Biden’s EO and the Safer Federal Workforce Task Force’s vaccination guidance.

    Healthcare Interim Final Rule

    According to CMS, the IFR requiring full vaccination of healthcare employees applies to employees regardless of whether their positions are clinical or non-clinical and includes employees, students, trainees and volunteers who work at a covered facility that receives federal funding from Medicare or Medicaid. It also includes individuals who provide treatment or other services for the facility under contract or other arrangements. Among the facility types covered by the IFR are hospitals, ambulatory surgery centers, dialysis facilities, home health agencies and long-term care facilities.

    Federal Contractor Vaccination Executive Order

    In an effort to streamline implementation of the vaccination requirements, the Biden administration is also announcing that the deadline for previously issued federal contractor vaccination requirements will be extended to January 4, 2022, setting one deadline across the three different vaccination policies. The vaccine requirement for federal contractor compliance was previously set for December 8, 2021.

    Additionally, as mentioned above, federal contractor employers who may otherwise fall under the OSHA ETS covered employer definition will not be required to follow the rules established under the ETS and must continue compliance with the vaccination guidance and requirements set forth by the EO and Safer Federal Workforce Task Force for federal contractors.

    State and Local Preemption

    Early reports of the rules also state that both the OSHA ETS and CMS IFR make it clear that their requirements “preempt any inconsistent state or local laws, including laws that ban or limit an employer’s authority to require vaccination, masks or testing.” More information is likely to follow.

    Additional information is likely to arise as we learn more from the actual text of the ETS and IFR. CUPA-HR will keep members apprised of all new information.



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