Legal action has been taken against the university and local health authorities after a Caltech student was barred from attending in-person classes for failing to comply with COVID-19 protocols.
Plaintiff Elijah Behringer alleges that his federal and state rights have been violated because of the alleged abuse of state law and authority by officials of the San Luis Obispo County Department of Public Health and the University. The lawsuit was filed on May 23, Tribune reported this week.
Behringer has questioned the legitimacy of the COVID-19 pandemic and the authority of organizations such as the World Health Organization (WHO) in setting state and federal health regulations. He further asserted that Caltech failed to obtain informed consent from him and others regarding the use of masks, vaccines and testing.
Behringer began studying electrical engineering at Caltech in 2019, but chose not to enroll in September 2021, in part because of concerns about COVID-19 regulations. He plans to return in January 2022, but claims his request to be exempted from vaccinations, tests and masks was denied, effectively preventing him from attending classes.
After returning for the winter term, Behringer found he wasn’t allowed to attend classes. As a result, he has been on indefinite leave of absence and has spent the past year taking the opportunity to study law instead of continuing his engineering studies.
While Behringer will likely continue his studies at Caltech as a junior in the fall, he decided to file the lawsuit at this time “to stop such civil rights misconduct,” according to the Tribune.
According to the 54-page civil complaint, Behringer remained unvaccinated, did not wear a mask on campus and refused to be screened for potential COVID-19 symptoms. These measures are enforced for students, faculty and staff entering campus during the pandemic.
In his lawsuit, Behringer accuses the Cal Poly government and county health officials of colluding to intimidate and coerce civilians into complying with mask-wearing and recommended COVID safety guidelines.
Cal Poly has confirmed receipt of the complaint, and university spokesman Matt Lazier said they are currently developing a response to Behringer’s claim. At this early stage, Cal Poly has not commented on the ongoing litigation.
Defendants named in the suit include Cal Poly Principal Jeffrey Armstrong, Assistant Vice Chancellor for Student Affairs Health and Welfare Tina Hadaway-Mellis, COVID-19 Chief Coordinator Valla Hardy, Assistant Director of the Disability Resource Center Amy Gode, City of San Francisco Luis Obispo County and County Health Officer Dr. Penny Borenstein.
Published by Medicaldaily.com