Why are two students suing Rowan College in Burlington County?

Carol Comegno, Cherry Hill Courier-Post
Updated ·2 min read
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MOUNT LAUREL − Two students have filed separate lawsuits against Rowan College at Burlington County for its refusal to exempt them from its COVID vaccination requirement because of their religious beliefs.The Superior Court lawsuits accuse the college of willful and flagrant contempt for the students' civil rights in violation of the New Jersey Law Against Discrimination.

The separate but similar lawsuits were filed since last week in Mount Holly on behalf of Miller Michael-John Whartenby of Lumberton and Heather Kelley of Jackson.

Each is represented by attorney John Coyle of Morris Plains.

Named as defendants in one or both of the lawsuits are Dean of Health Sciences Karen Montalto, other health sciences department staff and an admissions supervisor.

Kelly Grant, Burlington County's solicitor, said the college does not comment on pending litigation.

Whartenby, a 19-year-old with a nursing career goal, took general education courses at Rowan College at Burlington County for two years before applying for a health sciences program in nursing for the 2023-24 school year starting in September.

Kelly, a 42-year-old mother of two, had applied for the upcoming school year for the dental hygiene program.

Rowan College at Burlington County is a community college on Route 38 in Mount Laurel and affiliated with Rowan University in Glassboro. The center building is the student center and cafeteria.
Rowan College at Burlington County is a community college on Route 38 in Mount Laurel and affiliated with Rowan University in Glassboro. The center building is the student center and cafeteria.

What New Jersey law says about discrimination

The suits say the students independently sought COVID-19 vaccination exemptions from Rowan's requirement based on their Christian beliefs.

"The state discrimination law protects a student who asserts a sincerely held religious belief in opposition to a school’s vaccination requirement," the lawsuits allege. "In its simplest form, the college is required to provide students with the opportunity to submit a request for a religious exemption from any vaccination requirement."

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The lawsuits claim Rowan has a discriminatory, two-tiered vaccination requirement for enrollment based on the type of academic program a student selects.

COVID-19 vaccinations are required for students enrolled in health sciences on the Mount Laurel campus, but not in accounting, art, business administration, computer management and information systems, the suits say.

"This standard is in violation of the legal standards for religious exemptions," according to the suits.

The two students said they were told that off-campus clinical agencies to which health science students are assigned require vaccinations.

Coronavirus vaccinations for its multiple strains continue to be available at drug stores, doctor's offices and various other locations.
Coronavirus vaccinations for its multiple strains continue to be available at drug stores, doctor's offices and various other locations.

Rowan recently denied exemption requests by Warthenby and Kelley and has disenrolled both for the fall semester for lack of COVID-19 vaccinations, the suits say.

Both plaintiffs are seeking monetary and punitive damages and attorney fees for suffering emotional distress, mental anguish and embarrassment as a result of the college decisions.

Carol Comegno loves telling stories about South Jersey life, history and military veterans for the Courier Post, Burlington County Times and The Daily Journal. If you have a story to share, call her at 856-486-2473 or email  ccomegno@gannettnj.com.

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This article originally appeared on Cherry Hill Courier-Post: Rowan College at Burlington County students sue over vaccine rule