Professor sues George Mason University over COVID vaccine mandate
Todd Zywicki, a professor at George Mason University's Antonin Scalia Law School, and Fox News medical contributor Dr. Nicole Saphier discuss natural immunity as a form of protection.
Todd Zywicki, a professor at George Mason University's Antonin Scalia Law School, is suing George Mason University over the university’s COVID-19 vaccine mandate, arguing that he already contracted the novel coronavirus and believes he is protected due to natural immunity.
"I did get COVID and now my college wants to make me get vaccinated in order to do my job and the evidence is clear on this, which is that natural immunity is as least as good as, if not better protection against COVID infection than any of the vaccines that are on the market," Zywicki argued on "Fox & Friends" on Monday.
He pointed out that he has "been working with an immunologist" and had several antibody tests, which he said showed "that my immune protection is very high."
Zywicki, who has taught at the Antonin Scalia School of Law since 1998, filed the lawsuit on Tuesday in U.S. District Court for the Eastern District of Virginia, arguing that the university’s policy is "unmistakably coercive" and an "unlawful mandate," Reuters reported.
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The complaint reportedly asserts that because he had the virus before and tested positive for COVID-19 antibodies there is no "compelling governmental interest in overriding Professor Zywicki’s personal autonomy and constitutional rights by forcing him, in essence, to either be vaccinated or to suffer adverse professional consequences."
The lawsuit also reportedly claims and Zywicki reiterated on "Fox & Friends" on Monday that his doctor told him that receiving the vaccine wouldn't give him any additional benefit due to the presence of antibodies and could expose Zywicki to a "heightened risk for adverse side effects."
"For me, it’s literally all of the risk and none of the benefits of getting vaccinated at this point," Zywicki told host Will Cain.
The Centers for Disease Control and Prevention (CDC) recommends that those who have contracted the virus get vaccinated "because experts do not yet know how long you are protected from getting sick again after recovering from COVID-19."
In a statement sent to Fox News, John Hollis, George Mason University’s communications manager, said the university "does not comment on specific ongoing litigation and therefore has no comment on the specifics of Dr. Zywicki’s lawsuit."
"As it relates generally to the steps Mason is taking to protect its community against COVID-19, the decisions the University has made have been guided by currently available medical and scientific information and the guidance issued by federal and state public health agencies," the statement continued.
"Based on this information and guidance, we believe that the steps we are taking will best protect the health and safety of the Mason community and allow the Mason community to engage in a vibrant in-person campus experience."
George Mason’s policy reportedly says workers who do not disclose their vaccination status to the university may face disciplinary action including unpaid leave or "possible loss of employment," the complaint alleges, adding that employees who do not disclose their vaccination status are not eligible for merit pay increases.
Reuters reported, citing Zywicki’s complaint, that he had applied for an exemption to the policy on medical grounds, but was denied because the university does not accept that people with COVID-19 antibodies should be treated the same as those who are vaccinated.
On Monday, Zywicki called the university’s policy "so bizarre," pointing to the fact that any COVID-19 vaccine approved by the World Health Organization qualifies, including the vaccines from China.
He argued that there is no doubt that his antibody level is better than the Chinese vaccines in terms of protection.
"I’m asking that they [George Mason University] recognize my natural immunity as being equivalent to the vaccine immunity that allows my colleagues to be able to teach without all the handicaps that I would have," he told Cain.
Hollis did not immediately respond to Fox News’ request for confirmation that any vaccine approved by the World Health Organization qualifies on campus.
Joining Zywicki on "Fox & Friends" on Monday, Fox News medical contributor Dr. Nicole Saphier discussed natural immunity as a form of protection and argued that the professor is "correct" in his argument not to get the vaccine.
She also slammed the CDC, saying that "it’s embarrassing right now that the CDC is unable to have any data collection" as it pertains to vaccine requirements for those who have antibodies and yet the agency continued to move forward "into this abyss with their myopic view."
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"The CDC has to stop speaking in hyperbole," she stressed.
"Historically they have [the CDC has] always accepted natural immunity as a form of protection when it comes to chickenpox, Hepatitis B, measles and others," Saphier continued. "The CDC needs to start getting on board, following the science [and] acknowledge natural immunity as a legitimate form of protection."
A CDC spokesperson did not immediately respond to Fox News’ request for comment.