As members of the Linfield University community, we would like to express our concerns with the policies and guidance Linfield has issued in regards to returning to work and reopening the campus for in-person classes in the Fall. In examining Linfield’s issued policies and the realities of the day-to-day work environment for many of Linfield's faculty and staff, we have found many inconsistencies, contradictions, and policies that violate and do not align with local, state, and federal recommendations. In addition, Linfield has refused to make any accommodations related to childcare for any of our staff or faculty with various childcare needs as many school districts will continue to operate through distance learning. These violations put the health of our students, faculty, staff, their families, and the community at great risk.

We recognize the unique and difficult situation Linfield University faces at this time, and understand that reopening for in-person classes in the Fall is vital for Linfield’s financial future. However, we as the Linfield community must not forget what should be our number one priority - the health and safety of our students, faculty, staff and the larger community. The bare minimum is simply not enough - we must take all the precautions we can during this unprecedented time.

Our efforts to reach out directly to Linfield University administration have consistently fallen on deaf ears. This petition serves as a formal request to Governor Kate Brown, Senator Ron Wyden, Senator Jeff Merkley and Congresswoman Suzanne Bonamici to intervene and encourage Linfield University to:

1. Immediately reinstate Linfield University’s Temporary Telecommuting Agreement for all employees in accordance with recommendations from local, state, and federal government agencies.
2. Provide appropriate training on the COVID-19-related policies and guidance.
3. Provide a forum where employees can have their questions answered in a manner that allows the answers to be immediately available for all employees in accordance with Governor Kate Brown’s Executive Order 20-28.
4. Revise the guidance to include information on the new OFLA temporary rule.
5. Review the Families First Coronavirus Response Act to determine if Linfield qualifies as a covered employer and if so, revise the guidance to include information on the extended protected leave available.
6. Revise the Temporary Procedure for Return to Work after College Shutdown policy to make it clear that employees who are quarantined should not report to work, regardless of exhibiting no symptoms. 
7. Provide more detailed guidance on what should be done if an employee begins to exhibit COVID-19 symptoms while at work.
8. Provide adequate cleaning and disinfecting supplies to each individual office, including supplies in each shared area.
9. Reverse the decision to not perform any internal contact tracing in order to more effectively quarantine employees and students who have come into contact with an infected person and to not overwhelm local public health officials. 
10. Reconsider the decision to focus on screening/quarantining students arriving on campus from other countries and instead take a science-based approach by focusing on screening/quarantining students arriving on campus from areas of high positive and presumptive cases.
11. Immediately install floor markings to assist in physical distancing in all areas on campus.

Below you will find an in-depth examination of the violations related to these 11 action items.

Telecommuting and Flexible Work Schedules

In regards to the policies and guidance Linfield has provided around telecommuting and flexible work schedules, Linfield’s policies are inconsistent and misleading. In the Faculty and Staff FAQs, Linfield states that if a faculty or staff member is required to self-isolate or quarantine based on the recommendation of a healthcare provider or agency, the employee may apply for a Temporary Telecommuting Agreement (please note, this document was saved on 07/10/2020 and Linfield has since placed this agreement behind restricted access). It then goes on to state that Linfield will reasonably accommodate qualified individuals with a disability in accordance with the guidelines of the ADA and Americans with Disabilities Act Amendment Act (ADAAA). 

The above guidance is misleading, as it implies that Linfield will only allow an employee to apply for a Temporary Telecommuting Agreement if that employee has a disability that is covered under the ADA or if that employee has tested positive for COVID-19 or has come into close contact with someone who has tested positive (based on Linfield’s definitions of isolation and quarantine, provided in the same FAQ document). If that implication is incorrect, Linfield must issue guidance that is consistent with the formally approved policies. If that implication is correct, then this contradicts both Linfield’s Temporary Procedure for Returning to Work after Shutdown Policy and the Temporary Telecommuting Agreement itself. 

Furthermore, in the Faculty and Staff FAQs in regards to what measures are being taken to ensure necessary safeguards for higher-risk employees, the ability to work from home is not explicitly mentioned. This goes against all recommendations from local, state and federal governments as noted below:

• Yamhill County Public Health, Reopening Guidance and Resources webpage states “Additional in-office work can resume, although remote work is still strongly recommended”
• Office of Governor Kate Brown, Executive Order 20-27, Paragraph 20: Phase II Directives, Section C: Limited Return to Work states that “...remote working remains recommended to the extent practicable.”
• Oregon Health Authority, Oregon General Guidance for Employers on COVID-19, under “Modifications of employee schedules and travel” states that employers should “Identify positions appropriate for telework or partial telework, including consideration of telework for employees who are at higher risk for severe COVID-19 complications due to underlying medical conditions identified by the CDC.”
• Oregon Health Authority, Public Reopening Guidance states “To avoid exposure to COVID-19, people who are at risk for severe complications (over age 60 or have underlying medical conditions) should stay home even if you feel well.”
• CDC, Prepare your Small Business and Employers for the Effects of COVID-19, under “Examine policies for leave, telework, and employee compensation” states that “When possible, use flexible worksites (e.g., telework) and flexible work hours (e.g., staggered shifts) to help establish policies and practices for social distancing (maintaining distance of approximately 6 feet or 2 meters) between employees and others, especially if social distancing is recommended by state and local health authorities.”
• CDC, Guidance on Preparing Workplaces for COVID-19, under “Prepare to Implement Basic Infection Prevention Measures” states that “Employers should explore whether they can establish policies and practices, such as flexible worksites (e.g., telecommuting) and flexible work hours (e.g., staggered shifts), to increase the physical distance among employees and between employees and others if state and local health authorities recommend the use of social distancing strategies.”
• CDC, Considerations for Institutions of Higher Education:
  • Under “Maintaining Healthy Operations” states that the IHE should “Offer options for faculty and staff at higher risk for severe illness (including older adults and people of all ages with certain underlying medical conditions) that limit their exposure risk (e.g., telework and modified job responsibilities).”
  • Under “Telework and Virtual Meetings” states the IHE should “Encourage telework for as many faculty and staff as possible, especially employees at higher risk for severe illness from COVID-19.”

Additionally, Linfield states in the Faculty and Staff FAQs that child- or elder-care is not a qualifying reason to apply for the Temporary Telecommuting Agreement. This is in direct contradiction with that agreement itself and goes against issued guidance from federal agencies, as noted below:

• Linfield University, Temporary Telecommuting Agreement states that “The school or daycare center of an employee’s dependent has closed due to COVID-19” and “Supportive services for an employee’s dependent (such as medical transportation, in-home care providers, etc.) are unavailable due to COVID-19 which requires them to care for that dependent” are categories to which the policy applies.
• CDC, Prepare your Small Business and Employers for the Effects of COVID-19, under “Top 10 Tips to Protect Employees’ Health” states that employers should “Develop other flexible policies for scheduling and telework (if feasible) and create leave policies to allow employees to stay home to care for sick family members or care for children if schools and childcare close.”
• CDC, Guidance on Preparing Workplaces for COVID-19, under “Develop, Implement, and Communicate about Workplace Flexibilities and Protections” states that employers should “Maintain flexible policies that permit employees to stay home to care for a sick family member. Employers should be aware that more employees may need to stay at home to care for sick children or other sick family members than is usual.”

Education and Training

Linfield has failed to provide appropriate training on its new policies and guidance, which have been contradictory, unclear, or not delivered in a timely fashion. The only opportunity Linfield has provided to have employees’ questions answered was the Return to Campus Town Hall (held on July 7, 2020), yet most questions went unanswered or were answered unsatisfactorily, with responses that contradict issued policies. While administration informed employees during the town hall that they could reach out to them with further questions via email, the responses provided by administrators have often not been sent to all employees. Furthermore, no training on policies or guidance has been provided to date. This goes against recommendations from both state and federal agencies, as noted below:

• Office of Governor Kate Brown, Executive Order 20-28, Paragraph 5 states that “Each college and university must designate an employee or officer to implement, and enforce, or supervise the implementation or enforcement, of the requirements in paragraph 3, the written plan described in paragraph 4, and such other related guidance as the [Higher Education Coordinating Commission] may promulgate.  Each college or university must establish or designate a complaint process or processes for receiving and responding to concerns regarding these matters.”
• Oregon Health Authority, Oregon General Guidance for Employers on COVID-19, under “Workplace safety” states that employers should “Train all employees in safety requirements and expectations at physical worksites.”
• CDC, Prepare your Small Business and Employers for the Effects of COVID-19, under “Top 10 Tips to Protect Employees’ Health” states that employers should “Provide education and training materials in an easy to understand format and in the appropriate language and literacy level for all employees, like fact sheets and posters.”
• CDC, Guidance on Preparing Workplaces for COVID-19:
  
  • Under “Administrative Controls” states that employers should consider “Developing emergency communications plans, including a forum for answering workers’ concerns and internet-based communications, if feasible” and “Providing workers with up-to-date education and training on COVID-19 risk factors and protective behaviors (e.g., cough etiquette and care of PPE).”
  • Under “Develop Policies and Procedures for Prompt identification and Isolation of Sick People, if Appropriate” states that “Where appropriate, employers should develop policies and procedures for immediately isolating people who have signs and/or symptoms of COVID-19, and train workers to implement them…”
• CDC, Considerations for Institutions of Higher Education, under “Maintaining Healthy Operations”, “Staff Training” states that employers should “Train staff on all safety protocols” and “Conduct training virtually or ensure that social distancing is maintained during training.”

Paid Leave

Linfield’s provided guidance on paid leave is incomplete. In the Temporary Procedure for Returning to Work after Shutdown Policy, in regards to employees making use of OFLA/FMLA, Linfield states that a “serious health condition” does not include the concern that COVID-19, or any other disease, could be contracted. However, Linfield makes no mention that the Oregon Bureau of Labor & Industries has issued a temporary rule to allow Oregonians to take OFLA protected time off to care for children whose school or place of care is closed by order of a public official during the COVID-19 pandemic, effective through 09/13/2020. The exclusion of this information is potentially misleading, as it may indicate to employees that they are not allowed to utilize OFLA for this reason.

Additionally, depending on the number of people Linfield currently employs, it may qualify as a covered employer under the new Families First Coronavirus Response Act, which requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. These specified reasons include “The employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis” and  “The employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19”. If Linfield has greater than 50 employees but less than 500, then its current policies are not in compliance with this act.

Isolation and Quarantine

In regards to Linfield’s guidance on isolation and quarantine, the Faculty and Staff FAQs contradict what is stated in the Temporary Procedure for Return to Work after  Shutdown Policy. The FAQs state that quarantined individuals should stay home, while the formally approved policy states that quarantined individuals should refer to the Health Monitoring Daily Checklist. This implies that if a quarantined individual does not have any symptoms, they may go to work. Since a quarantine indicates that the individual has come into contact with someone who tested positive for COVID-19, simply following the checklist is insufficient as that individual could be asymptomatic or pre-symptomatic. The policy should be updated to match the guidance provided in the FAQs.

Additionally, Linfield’s guidance regarding what should be done if an employee develops COVID-19 symptoms while on the job is inadequate as it only requires the employee to inform their supervisor via phone. This goes against state and federal guidance, as noted below:

• Oregon Health Authority, Oregon General Guidance for Employers on COVID-19, under “Employee leave and health insurance” states that employers should “Develop an action plan consistent with federal and state guidance if an employee develops symptoms while in the workplace, tests positive for COVID-19 or is determined to be presumptively positive by a public health authority.”
• CDC, Prepare your Small Business and Employers for the Effects of COVID-19, under “Top 10 Tips to Protect Employees’ Health” states that “If an employee becomes sick while at work, they should be separated from other employees, customers, and visitors and sent home immediately. Follow CDC guidelines for cleaning and disinfecting areas the sick employee visited.”
• CDC, Guidance on Preparing Workplaces for COVID-19, under “Develop Policies and Procedures for Prompt identification and Isolation of Sick People, if Appropriate” states that “Prompt identification and isolation of potentially infectious individuals is a critical step in protecting workers, customers, visitors, and others at a worksite” and “Where appropriate, employers should develop policies and procedures for immediately isolating people who have signs and/or symptoms of COVID-19, and train workers to implement them. Move potentially infectious people to a location away from workers, customers, and other visitors. Although most worksites do not have specific isolation rooms, designated areas with closable doors may serve as isolation rooms until potentially sick people can be removed from the worksite.”
• CDC, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), under “Separate sick employees” states that “Employees who appear to have symptoms upon arrival at work or who become sick during the day should immediately be separated from other employees, customers, and visitors, and sent home” and “Have a procedure in place for the safe transport of an employee who becomes sick while at work. The employee may need to be transported home or to a healthcare provider.”
• CDC, Considerations for Institutions of Higher Education, under “Preparing for When Someone Gets Sick”, “Isolate and Transport Those Who are Sick” states that the IHE should “Immediately separate faculty, staff, and students with COVID-19 symptoms (such as fever, cough, or shortness of breath). Individuals who are sick should go home or to a healthcare facility, depending on how severe their symptoms are, and follow CDC Guidance for caring for oneself and others who are sick. IHEs may follow CDC’s Guidance for Shared or Congregate Housing for those that live in IHE housing.” and “Establish procedures for safely transporting anyone who is sick to their home or to a healthcare facility. If you are calling an ambulance or bringing someone to the hospital, try to call first to alert them that the person may have COVID-19.”

Enhanced Cleaning and Disinfecting

While Linfield policy requires employees to perform regular cleaning/disinfecting of their work environments (including personal and shared), Linfield has not provided sufficient supplies for employees to comply. Linfield has only supplied one bottle of disinfectant spray and roll of paper towels per suite and appears to leave requests for additional supplies up to the individual employee. This however, does not appear to be widely known as Linfield has not provided adequate or timely notice that employees can request additional supplies themselves. This goes against federal guidance as noted below:

• CDC, Considerations for Institutions of Higher Education, under “Adequate Supplies” states that employers should “Support healthy hygiene behaviors by providing adequate supplies, including soap, hand sanitizer containing at least 60 percent alcohol, paper towels, tissues, disinfectant wipes, cloth face coverings (as feasible), and no-touch/foot pedal trash cans.”
• CDC, Guidance on Preparing Workplaces for COVID-19, under “Safe Work Practices” states that employers should be “Providing resources and a work environment that promotes personal hygiene. For example, provide tissues, no-touch trash cans, hand soap, alcohol-based hand rubs containing at least 60 percent alcohol, disinfectants, and disposable towels for workers to clean their work surfaces.”

Furthermore, Linfield’s decision to rely on work orders to Cleaning Services to replenish disinfecting supplies is insufficient, as no information on how quickly these requests will be addressed or who is responsible for making these requests is provided.

Testing and Contact Tracing

Linfield’s guidance surrounding contact tracing may be sufficient for students who contract COVID-19, but is insufficient for employees as it has provided no guidance on how Linfield will cooperate with public health authorities regarding employees who test positive. In order to advise employees who may have been exposed to someone who has tested positive in a timely fashion, it is most effective when some kind of internal contact tracing is done, rather than solely relying on the contact tracing done by public health officials. Furthermore, Linfield’s decision not to perform any internal contact tracing goes against federal guidance, as noted below:

• CDC, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), under “Determine which employees may have been exposed to the virus and may need to take additional precautions” states that employers should “Inform employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA).” and “Most workplaces should follow the Public Health Recommendations for Community-Related Exposure and instruct potentially exposed employees to stay home for 14 days, telework if possible, and self-monitor for symptoms.”
• CDC, Considerations for Institutions of Higher Education, under “Preparing for When Someone Gets Sick”, “Notify Health Officials and Close Contacts” states that “In accordance with applicable federal, state and local laws and regulations, IHEs should notify local health officials, faculty, staff, and students immediately of any case of COVID-19 while maintaining confidentiality in accordance with the Americans with Disabilities Act (ADA), FERPA or and other applicable laws and regulations.” and “Inform those who have had close contact with a person diagnosed with COVID-19 to stay home or in their living quarters and self-monitor for symptoms, and follow CDC guidance if symptoms develop.”

Additionally, in the Faculty and Staff FAQs, Linfield states that it will be screening or quarantining students arriving on campus from other countries. This decision does not reflect the reality of COVID-19 prevalence throughout the world today. It would be far more effective to take a science-based approach and screen or quarantine students coming from areas of high positive or presumptive cases, regardless of country. Consider New York’s recent decision to apply quarantine restrictions on arriving travelers which states that all travelers entering New York from a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, will be required to quarantine for a period of 14 days. Adopting a similar approach to deciding which incoming students to test would be a far more effective screening method. Furthermore, while Linfield states that the decision to quarantine students arriving on campus from other countries is in line with CDC recommendations, we were unable to find any such recommendations on the CDC website.

Physical Distancing Markings and Signage

Linfield may not be providing enough physical distancing markings. Federal guidance recommends providing physical guides as noted below, yet there are offices at Linfield where no such markings have been installed.

• CDC, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), under “Establish policies and practices for social distancing” states that employers should “Use signs, tape marks, or other visual cues such as decals or colored tape on the floor, placed 6 feet apart, to indicate where to stand when physical barriers are not possible.”
• CDC, Considerations for Institutions of Higher Education, under “Maintaining Healthy Environments”, “Physical Barriers and Guides” states that the IHE should “Provide physical guides, such as tape on floors or sidewalks and signs on walls to ensure that individuals remain at least 6 feet apart in lines and at other times.”