2 students who 'abstain from vaccinations' challenge health directive blocking them from class during UA mumps outbreak

Kassandra Salazar (left) speaks Tuesday, April 5, 2016, to a group of 11th-grade students from Heritage High School in Rogers as they walk past Old Main while on a tour of the university campus in Fayetteville.
Kassandra Salazar (left) speaks Tuesday, April 5, 2016, to a group of 11th-grade students from Heritage High School in Rogers as they walk past Old Main while on a tour of the university campus in Fayetteville.

7 p.m.

The students’ petition for a temporary injunction was denied on Tuesday in an order by Washington County Circuit Court Judge Doug Martin.

Read Wednesday's Arkansas Democrat-Gazette for the full story.

4:15 p.m.

FAYETTEVILLE — A pair of University of Arkansas, Fayetteville students have asked a Washington County court to step in and block a health directive keeping them out of class during a campus mumps outbreak.

A Nov. 22 letter from the state Department of Health outlines a public health directive that any student without at least two doses of measles, mumps and rubella vaccine either be vaccinated immediately or excluded from class and class activities for at least 26 days.

[DOCUMENT: Read 2 UA students' filing challenging health directive » arkansasonline.com/1211ua]

In a court filing dated Friday, students Shiloh Isaiah Bemis and Benjamin Andrew Bemis claim “that the University of Arkansas failed to recognize and uphold our philosophical beliefs as enrolled students — beliefs which include the choice to abstain from vaccinations.”

Last week, state Health Department officials said there have been a total of 26 mumps cases tied to the UA campus since September.

In the court filing, the students claim that “due to the untimeliness” of the mumps cases and directive, "our opportunities to participate and succeed as students at the closing of this semester have been jeopardized.” The school’s semester ends with finals that begin Monday.

Last week, a UA spokesman said 168 students lacked the required two MMR vaccinations under the health directive. The university has had an ongoing push to get more vaccinated since the directive was announced.

Mark Rushing, a UA spokesman, on Thursday said faculty members were asked to work with students who may be excluded from classes to find ways to lessen the effects of their absences on their academics.

"It's really up to each instructor to consider the best options for each situation, including things like the online proctoring of exams," Rushing said in an email Thursday. "Our instructors are doing a great job of finding ways to accommodate these students and make the best of this situation."

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