Loyola University Chicago wrongly expelled a freshman student for allegedly failing to comply with its Covid testing requirements, when the school and the SHIELD Illinois Covid testing vendor blocked the female student from registering for the Covid testing program because she was 17 years old at the time, and then punished her for failing to take weekly Covid tests anyway, according to a new lawsuit.
On Oct. 20, attorneys John C. Kreamer and Joseph E. Urani, of the Kreamer Law Group, of Naperville, filed suit in Chicago federal court on behalf of plaintiffs Alivia Baker and her parents, Paul and Tanya Baker, of Dublin, Ohio.
According to the complaint, Alivia was a full-time student at Loyola University Chicago (LUC) in the fall of 2021. The complaint notes she had obtained a $25,000 Presidential annual academic scholarship to attend the school.
She was enrolled in LUC’s Honors Program with a major in physics.
At the beginning of the semester, Alivia was 17 years old. According to the complaint, Alivia had not received a Covid vaccine, but was granted a medical exemption to LUC’s student Covid vaccine mandate. According to the complaint, Alivia had two “serious pre-existing medical conditions” which prevented her from taking the Covid shot.
Under Loyola’s Covid policies, Alivia was required to take Covid tests two times each week during the school year.
According to the complaint, however, Alivia was prevented from setting up a testing account with LUC’s Covid testing vendor, SHIELD Illinois, because she was only 17 years old, and still a minor. Her birthday was at the end of September, when she would turn 18.
According to the complaint, Loyola employees allegedly told Alivia she could wait until her birthday, or to alternatively “lie about her age” to begin testing and complying with LUC’s testing policies.
According to the complaint, Alivia and her mother later found a form on LUC’s Wellness Center website that could be filled out by parents and minor children to authorize such testing. LUC allegedly acknowledged receipt of the completed form.
But a few days later, she was allegedly again denied the test because she was not yet 18. At that time, she was allegedly told by SHIELD Illinois personnel that she “would be fine waiting until … she turns 18.”
However, while she was being denied tests, SHIELD Illinois was allegedly reporting to LUC that Alivia was not complying with the testing requirements. Within two weeks, her student ID card was locked down, allegedly preventing her from entering her dorm without assistance from other students.
Alivia allegedly repeatedly informed LUC and SHIELD of her situation, but “no action was taken by Loyola to correct the testing system.”
Instead, the complaint says, Alivia received a violation notice to her student email account. No written notice was sent to Alivia’s parents.
At the end of September, when she turned 18, Alivia allegedly registered for the Covid testing program and began testing twice weekly, as required.
However, in mid-October 2021, LUC allegedly sent Alivia an email informing her she had been found guilty of violating the school’s Covid testing policy at a hearing of which neither she nor her parents had any knowledge.
Another hearing on Oct. 18 again led to another determination against Alivia.
Following that hearing, LUC expelled Alivia.
“All of these false and pretextual accusations and spurious findings and actions taken
by the University were made in retaliation for Alivia being unvaccinated and not agreeing to lie
about her age in order to be able to successfully enroll in SHIELD COVID testing,” the complaint said.
LUC denied later appeals, claiming the university had properly followed its policies and procedures in expelling Alivia.
The complaint accuses LUC of negligence, infliction of emotional distress, violation of her constitutional due process rights, and defamation against Alivia for allegedly falsely accusing her of not complying with LUC’s policies. The fault lies with Loyola, not Alivia, according to the complaint.
The complaint also accuses LUC of violating the federal Rehabilitation Act, which forbids discrimination against people on the basis of medical conditions and disability.
The Bakers are asking for the court to order LUC to pay at least $100,000 in compensatory damages, plus attorney fees.
LUC has not yet responded to the lawsuit in court.
A spokesperson for Loyola declined comment, saying the university does not comment on pending litigation.