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50 Urb. Law. 371 (2019-2020)
Should I Stay or Should I Go?: Student Housing, Remote Instruction, Campus Policies, and COVID-19

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Should I Stay or Should I Go?: Student

Housing, Remote Instruction, Campus

Policies, and COVID-19

Patricia  E.  Salkin*   and   Pamela Ko**

I. Introduction

In March  2020, as the world scrambled  to understand and  address
myriad  public health and economic  challenges unfolding from  the
novel coronavirus labeled COVID-19,   higher education  was forced
into a tailspin.1 In many respects, large residential colleges and univer-
sities operate like mini cities.2 The president of the campus functions
similarly to a mayor, with the Board of Trustees and representative
faculty body serving similar policy-making roles as that of the city
council.3 While the city budget generates the overwhelming bulk of
its revenue from the tax base, a typical campus generates its reve-
nue from tuition, housing fees and related food services income, and
larger schools rely on ticket sales and licensing fees associated with
various athletic events.4 Although the tax sales revenue anticipated

  *Patricia E. Salkin is Senior Vice President for Academic Affairs for the Touro
College and University System and Provost for the Touro College Graduate and
Professional Divisions. She is a former Dean of the Jacob D. Fuchsberg Touro Law
  **Pamelo Ko, Esq. was an Associate Professor of Law in the School of Manage-
ment at Russell Sage College.
  1. Lilah Burke, Leading the Pack, INSIDER HIGHER EDUC. (Oct. 26, 2020),
  2. Katie Pyzyk, How Universities' Smart Campuses Resemble Mini Smart Cit-
ies, SMARTCITIESDIVE (Feb. 16, 2018), https://www.smartcitiesdive.com/news/how
  3. K. Johnson Bowles, The President's Many Roles, INSIDE HIGHER EDUC.
(July 1, 2013), https://www.insidehighered.com/advice/2013/07/01/many-roles-and
  4. Victoria Yen, Mounting Peril for Public Higher Education During the Coro-
navirus Pandemic, CTR. FOR AM. PROGRESS (June 11, 2020), https://www.amer
/mounting-peril-public-higher-education-coronavirus-pandemic. Bymid-December
2020, at least 6,629 cases of COVID-19 had been reported in athletic programs
of the top tier of college athletics. See, Alan Blinder, Lauryn Higgins & Benja-
min Guggenheim, College Sports Has Reported at Least 6,629 Virus Cases. There

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