Illinois Court Rejects Religion-Based Challenge to Community College’s Vaccination Policy
Nicholas George sued Kankakee Community College (KCC) and
Presence Hospitals PRV (Presence) alleging violations of his constitutional
rights to religious freedom, equal protection, and due process, among others
after George (a student enrolled in KCC’s paramedic program) was prohibited
from participating in the mandatory clinical portion of a paramedic course
operated by Presence because he refused vaccinations against influenza,
hepatitis B, measles, mumps, and rubella (MMR). The vaccinations were required
by the Presence-operated hospital policy.
Although George had informed the hospital that he was objecting to the
vaccinations on religious grounds, he was placed on academic warning and his
request for an exemption to the vaccination policy was denied. After George’s
complaint was initially dismissed, he appealed to an Illinois appellate court.
With respect to George’s claim that his religious freedom
rights were violated, the court found that Presence’s policy did not
discriminate against religion since it required all persons interacting with
patients receive the MMR vaccination. Although the Illinois constitution
protects religious opinions, state actors are permitted to impose regulations
that could restrict religious freedom if those restrictions promote the safety
interests of the state, as was the case here.
George also alleged that his equal protection rights were
violated because other individuals were allowed to work or take classes in the
hospital without receiving vaccinations. The court found George’s complaint
insufficient since he did not allege that other students in his paramedic
course were allowed to participate in clinical rotations without receiving the
proper vaccinations. Even if George could
show he was treated differently than other students enrolled in a hospital
course, students seeking entry into clinical rotations are not members of a
protected class and therefore the court would apply the rational basis test.
George also claims that his procedural due process rights
were violated because Defendants failed to give him with notice and a hearing
before disqualifying him from the paramedic course. The court also rejected
this claim based on its earlier determination that his free exercise rights
were not violated.
In short, the appellate court affirmed the trial court’s
dismissal of George’s complaint. George v. Kankakee Community College.
Post Authored by Katie O'Grady, Ancel Glink
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