Issued Sept. 9, 2021 by Marc Fisher, vice chancellor of administration. Last Updated Mar. 29, 2022
The following guidance is issued in connection with the March 8, 2022 City of Berkeley Public Health Order which rescinds the requirement for certain businesses to check proof of full vaccination for all patrons 5 years and older before allowing a patron to enter an indoor portion of the business’ facility.
The City now only strongly recommends proof of vacinnation in certain settings:
- Indoor events with attendance of 1,000 or more people/li>
- Indoor events, meetings, and gatherings of any size that serve food or drink
- Indoor gyms & exercise facilities
Now that this is only a recommendation, units that manage indoor spaces have the discretion to continue checking proof of full vaccination, without obtaining approval from RMT. While this is no longer a requirement but only a strong recommendation, the established proof of vaccination protocol listed below has not changed and still needs to be followed.
Units/departments wishing to adopt different protocols, including stricter screening requirements or exclusion of any groups other than as specified in the guidance, must first seek approval from the Recovery Management Team (RMT) after consideration by the RMT’s Events Subcommittee.
If a unit’s activity requires verification per the city public health order or CA Dept of Public Health guidelines on mega event, or they have been given permission by RMT to verify proof of vaccination, the unit, at its discretion, in additional to the requirements of public health orders may require vaccination to the fullest extent eligible by the CDC, including booster doses for those that are eligible. The city order strongly encourages this practice, but does not require it.
Vaccination checks can only be performed by campus employees or contractors (e.g., student staff or contracted event staff). The task of checking cannot be delegated to volunteers or to event participants who are not employees or contractors.
Vaccination checks can only be performed at the entrance to the space at this time. No technology solution for allowing advance vaccine clearance in advance of the event has been approved for use on campus to date.
Legally required exemptions and exceptions for disability and religious belief will be honored and compliance will be addressed at entry. For questions about exemptions/exceptions in advance of an event, contact UHS or OLA for guidance.
Children under the age of 5 are exempt from the proof-of-vaccination requirement.
For entrance to an indoor mega event, recent negative testing requirements may exist for those who are younger than 5 or have a legal exemption to the city’s vaccination requirements. Please consult and comply with the California Department of Public Health Guidance for Indoor Mega Events for this and other information when hosting a mega event.
A notice must be prominently posted stating: “UC Berkeley does not promise or guarantee that all patrons or employees on site are vaccinated. Unvaccinated individuals may be present as a result of exemptions, exceptions, fraudulent verification, or checker error. None of these precautions eliminate the risk of exposure to COVID-19.” This notice should be included in any email or web posting that informs people that vaccination status will be checked.
Instructions for checkers
Please consult your supervisor for instructions specific to claimed exemption/exceptions based on medical, disability or religious grounds. For children under 18 years old, the adult accompanying the child or the child may state their age without further verification of age. We should use best efforts to crosscheck minors’ Proof of Vaccination against some form of identification. For example, if the minor does not have a photo ID, a non-photo ID (e.g., school ID) or verification from a parent/guardian is sufficient.
If someone refuses to cooperate with door check, they must be refused permission to enter and clearly told to leave. However, do not physically resist or attempt to physically block their entry if they enter without being checked. Stop the checking line, make a note of who the person is, and elevate the situation to the senior staff person on site, who should decide how to address the situation. The options include: (1) if the setting is only subject to the order because of food and beverage, if food and beverage service has not started, suspend food and beverage service unless and until the person complies or leaves; (2) cancel the activity, empty and close the space; or (3) tolerate, allow the activity subject to the order to continue as-is, and document the lack of cooperation. In determining which option to follow, the senior staff person on site should consider the nature of the event, impact of options on other patrons, level of distress of the patron denied and the nature of the reasons given for the failed/uncooperative verification. If the uncooperative person is a student or employee and their identity is known, report them to HR or the Center for Student Conduct.
UCPD should not be called to address a non-compliant patron unless the non-compliant person physically touches or physically pushes or threatens another person in order to gain entry. A non-compliant entrant is generally not a matter to be addressed by the police. Removal by the police is not an option for responding to the presence of a non-compliant person who enters (without use of force or threat of force) after being directed to leave.
For events that already have on-site security personnel as a standard practice (e.g., athletic events), the event should follow its existing protocol for refusing entry to patrons who are not allowed (e.g., someone without a ticket).
Acceptable Proof of Vaccination
The forms of confirmation of vaccination status that can be accepted are those listed under item five in the City of Berkeley Order or; for faculty, staff and student participants only; a green Campus Access Badge via the UC Berkeley Mobile app.(Please note that the Campus Access Badge is not the same as the UHS testing badge. Only The Campus Access Badge should be used).
The vaccination verification must be cross-checked with photo ID unless the photo ID is integrated into the proof of vaccination.
If someone does not provide the required verification (and is not exempt from the requirement) then they must be told that they may not enter, no matter who they are or how important their role in the event. Absolutely no exceptions.
No records about compliance should be maintained except a record of reporting the lack of cooperation for an uncooperative attendee.