Gallaudet University (“Gallaudet”) has closed its Residence Life Halls in response to the National and District of Columbia Declarations of Emergency due to COVID-19 (referred to further as “Pandemic”).
I am a current student and on-campus resident that has requested and been granted an exception to continue to reside in the Residence Halls for fall 2020 session. In consideration of Gallaudet granting my request for an exception to permit me continue to reside in the Residence Halls, I agree as follows:
- Gallaudet reserves the right to revoke and end this Agreement at any time in its discretion or if the necessity arises for it to no longer provide this exception.
- I understand that the exception granted permits only me to reside in my assigned room and no others.
- I understand that no guests are allowed.
- Gallaudet and its Residence Halls will not be operating at full capacity and services. Services, such as food and housekeeping, will be limited or not available at all. On-campus staff and support facilities and services will not be available or be subject to limited availability such as classrooms, bookstore, gym/fitness room, or the tutoring center. Some services may be available on-line. I understand and acknowledge that Gallaudet’s Student Health Services is subject to closure and may have limited capacity to treat me if I become ill.
- If I am receiving accommodations for a disability, I understand and acknowledge that Gallaudet’s ability to provide such accommodations during the Pandemic may be limited or that Gallaudet may not be able to continue to provide such accommodations when it becomes an undue burden or when doing so threatens the health and safety of others.
- I agree to comply with all requests, rules and guidelines of the Office of Residence Life, the Student Code of Conduct and Residence Life Handbook policies and procedures. I understand and agree to comply with any requests to quarantine myself or follow other health and safety guidelines as directed by the appropriate authorities. I understand that a violation that threatens my safety or that of others will be taken seriously and may result in Gallaudet revoking my exception to permit me to live in the Residence Halls. A decision to revoke my exception shall be at Gallaudet’s sole discretion and is non appealable.
- Gallaudet reserves the right to make changes in room assignments as necessary due to the Pandemic.
- I am required to continue as a full-time student and must continue to attend my courses, which will now be on-line.
- Disclosure of Information Protected by the Family Educational Rights and Privacy Act. Pursuant to the Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g; 34 C.F.R. part 99), the written consent of a parent or eligible student is required before the education records of a student, or personally identifiable information contained therein, may be disclosed to a third party, unless an exception to this general requirement of written consent applies. If I am age 18 or older, or enrolled in an institution of postsecondary education, I understand that I am an “eligible student” and must provide written consent for the disclosure of my education records or personally identifiable information contained therein. I understand that, at any time, I may withdraw my consent for Gallaudet to share my information. I understand that my request to withdraw my consent should be submitted in writing and signed.
- By signing this Agreement, I provide my consent to have my photo, name, and contact information included in a directory that will include the names, photos, and contact information of other students and staff who have been permitted to live on campus during the Pandemic period (“Directory”).
- In connection with the Directory, and for the duration of the Pandemic period, I give my consent for Gallaudet to share the information about me in the Directory to any persons or entities that Gallaudet deems necessary for the purpose of contact tracing in order for Gallaudet to follow up with any persons an affected individual may have been in contact with.
- Notwithstanding my express consent provided as above, and even if I have later revoked my consent to be included in the Directory, I understand that FERPA permits Gallaudet to disclose, without my consent, education records or personally identifiable information from my education records, to appropriate parties in connection with an emergency, if knowledge of that information is necessary to protect my health or safety or other individuals. See 34 CFR §§ 99.31(a)(10), 99.32(a)(5), and 99.36.
- Assumption of Risk: I acknowledge that by continuing to reside in the Residence Halls during the Pandemic, I am likely to be exposed to risks that may result in my illness, personal injury or death and I understand and I accept all risk to my health that may result, and that Gallaudet cannot control these risks and may not be able to provide healthcare. I understand that Gallaudet is not responsible for any medical expenses associated with any property or personal injury I may sustain.
- Release: In consideration of Gallaudet granting my request to permit me to continue to reside in the Residence Halls during the Pandemic, I release Gallaudet, and its Board of Trustees, officers, employees, and representatives from any and all liability to me, my personal representatives, estate, heirs, and assigns for any and all claims, demands and causes of action for any and all loss of property, illness or injury to me, including death, arising out of, resulting from, occurring during or in any way connected with or caused by negligence or gross negligence of Gallaudet and/or its Board of Trustees, officers, employees, and representatives, that may be sustained by me while continuing to reside in the Residence Halls during the Pandemic or while on premises owned or leased by Gallaudet.
- Indemnity, Hold Harmless, and Waiver: I agree to indemnify and hold harmless, waive and covenant not to sue Gallaudet, its Board of Trustees, officers, employees, and representatives from liability for the injury or death of any person(s) and damage to property that may result from my negligent, grossly negligent, or intentional act or omission while continuing to reside in the Residence Halls during the Pandemic. It is my express intent that this Release, Waiver, and Indemnity Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be governed by the laws of the District of Columbia.