This one hits close to home.
Right here in Wisconsin, UW–Madison has announced that students must disclose their vaccination status for certain communicable diseases. If they do not comply by the deadline, they can face a registration hold.
Now before anyone jumps to conclusions, let’s be clear about what this policy actually says. According to UW Policy UW-2122, students must either provide proof of immunity (vaccination records or titers) or complete an attestation that they are not vaccinated. If they refuse to do either, the university may place a registration hold on their account.
That’s important. This is not a forced vaccination policy. It is a forced disclosure policy. And that distinction matters. This Isn’t About Being “Anti-Vaccine”. This is about informed consent and medical privacy.
Medical information, including vaccination status, is personal. For many families, these decisions are not casual. They involve medical history, prior reactions, ethical considerations, religious beliefs, or simply a desire to weigh risks and benefits independently.
So the question becomes:
Should access to higher education hinge on compelled disclosure of private medical status?
What the Law Actually Says
We consulted Wisconsin civil liberties attorney Brent G. Eisberner to review the policy.
He notes that while student records are generally protected under FERPA, that protection does not automatically give a student the right to withhold information the institution requires as a condition of enrollment. That’s a critical distinction.
The university can require disclosure as a condition of remaining a degree-seeking student. If a student refuses to disclose either vaccination records or a non-vaccinated attestation, the stated consequence is a registration hold.
So right now, legally speaking, this is about compliance with disclosure — not expulsion or denial of education. But here’s where it gets serious. Attorney Eisberner made one very important point:
“Should a student be denied educational opportunities, or otherwise have their educational experience impacted based upon their non-vaccination status, then it is likely the student would have a legal remedy.”
That’s the line. Disclosure is one thing. Discrimination is another. And if the policy crosses that line, the legal implications change dramatically.
The Bigger Issue
The real concern is not just whether students must disclose. It’s what happens after disclosure. Will unvaccinated students be excluded from housing? Restricted from classes? Separated from activities? Subjected to different treatment? Right now, the policy does not explicitly impose those outcomes. But history has shown us how quickly “public health measures” can expand.
We lived through COVID-era mandates. We saw students sidelined, excluded, labeled, and segregated. Trust in institutions was deeply shaken because decisions were made top-down without meaningful room for individualized assessment.
When universities require medical disclosure tied to enrollment leverage, it raises legitimate questions about the direction of institutional power.
Read the Full Legal Analysis
For those who want to review the attorney’s complete written opinion and analysis of UW Policy UW-2122:
Why This Matters
Public health and personal liberty are not enemies.
But public health policies must remain:
· Proportionate
· Transparent
· Legally defensible
· Respectful of individual rights
If disclosure evolves into restriction, that’s no longer a conversation about disease control. That becomes a civil liberties issue. And that’s where we are paying very close attention.
Final Thought
This is not about panic. It’s about awareness. Institutions deserve scrutiny when policies involve private medical information. Students deserve clarity. Families deserve transparency. And if policies shift from disclosure to discrimination, the legal landscape shifts with it.
We will continue to monitor this closely. Informed consent doesn’t end at the doctor’s office. It extends into every place where personal health decisions intersect with institutional power.
