Function by function
The Suspension Clause asks whether "the operation of the trade or business" was "fully or partially suspended," and "partially" means that some portion was delayed, interrupted or terminated while the rest went on.61 This section takes each function of a college, university, community college or career school in turn, states the instruments that reached it in each quarter, states the modification each compelled, and states the determination. The Notice's own frame confirms the method: a workplace "closed due to a governmental order for certain purposes, but ... open for other limited purposes" is partially suspended, and a compelled modification "is considered to be a partial suspension of business operations due to a governmental order."62
IN: in-person instruction and laboratories
In the second quarter of 2020 the in-person form of this function was prohibited by name in Washington, Oregon, New Jersey, Virginia, Georgia, Alabama, South Carolina and Wyoming (Ex. WA-008; Ex. OR-059; Ex. OR-060; Ex. NJ-002; Ex. NJ-004; Ex. VA-006; Ex. VA-010; Ex. GA-003; Ex. GA-008; Ex. GA-009; Ex. AL-005; Ex. SC-002; Ex. SC-024; Ex. WY-004; Ex. WY-008), confined to distance learning by name in Colorado from April 27 and in Minnesota from May 11 (Ex. CO-019; Ex. MN-019), replaced by online instruction under Louisiana's authorization to every public postsecondary institution and its stay-at-home order (Ex. LA-004; Ex. LA-005), confined to distance learning by the stay-at-home orders of every other State (Ex. IL-005; Ex. OH-011; Ex. MI-011; Ex. IN-006; Ex. WI-002; Ex. TN-007; Ex. NC-005; Ex. OK-007; Ex. WV-009; Ex. AZ-005; Ex. NM-006; Ex. HI-004; Ex. NY-002; Ex. PA-002; Ex. MA-008; Ex. CT-007; Ex. DC-006), closed by county order in Riverside, San Diego, Miami-Dade and Palm Beach Counties (Ex. MET-RIV-004; Ex. MET-SAN-002; Ex. MET-MIA-003; Ex. MET-MIA-044) and terminated by the systems' directives (Ex. SEC-27-007; Ex. SEC-27-008; Ex. AGY-ST-EDUCATION-HIGHER-ED-027; Ex. AGY-ST-EDUCATION-HIGHER-ED-051; Ex. AGY-ST-EDUCATION-HIGHER-ED-028). In the third and fourth quarters of 2020 and the first and second quarters of 2021 its resumption was conditioned by order on approved plans, capacity limits, distancing, face coverings, testing, isolation capacity and reporting (Ex. NJ-024; Ex. NJ-032; Ex. WA-038; Ex. WA-046; Ex. OR-021; Ex. NY-031; Ex. NY-112; Ex. NY-050; Ex. MN-029, in force August 26 to November 20, 2020, and Ex. MN-032, to January 10, 2021; Ex. VA-014; Ex. AGY-ST-EDUCATION-HIGHER-ED-009; Ex. WY-024; Ex. WY-050; Ex. MET-DEN-037; Ex. MET-DFW-024; Ex. RI-033; Ex. UT-029; Ex. UT-034), returned to remote instruction by order in Michigan and Philadelphia (Ex. MI-060; Ex. MI-061; Ex. MET-PHL-010), and told to operate virtually in Bexar County (Ex. MET-SAT-056). In the third quarter of 2021 the condition of in-person instruction was fixed by Washington's verification regime (Ex. WA-071; Ex. WA-074; Ex. WA-081), Illinois's vaccination-or-testing and indoor face-covering orders, with their employer duty to enforce (Ex. IL-042; Ex. IL-043), Nevada's enrollment condition and indoor face-covering directive (Ex. NV-055; Ex. NV-041), the statewide indoor face-covering orders of Louisiana, Oregon, New Mexico, Hawaii and the District, workplace infection-prevention and exposure-control requirements enforced against the operator of every indoor space (Ex. LA-036; Ex. OR-048; Ex. NM-068; Ex. HI-023; Ex. HI-024; Ex. DC-057), the metro orders on public colleges (Ex. MET-DFW-030; Ex. MET-AUS-051), Utah's in-person mandate and face-covering bar (Ex. UT-046; Ex. UT-045), the prohibitory instruments of Texas, Florida, Arizona, Oklahoma and their neighbors (Ex. TX-037; Ex. FL-030; Ex. AZ-043; Ex. OK-043) and the instrumentalities' rules (Ex. SEC-27-001; Ex. SEC-27-011; Ex. IN-094; Ex. KS-096; Ex. ND-083; Ex. WY-060). The modification compelled was the termination of the in-person course, then its return on a State-set date at a State-set capacity under State-set exposure controls, then its conduct under vaccination-verification, testing or face-covering conditions or under a statute forbidding the institution to set them. The operation of in-person instruction was partially suspended in every one of the six quarters because of those instruments.
HS: housing and dining
In the second quarter of 2020 the residence halls were closed and the students sent home by the systems' directives (Ex. SEC-27-007; Ex. AGY-ST-EDUCATION-HIGHER-ED-027), the dining halls were confined to take-away service under the restaurant closures that excepted them only as feeding operations (Ex. MT-005; Ex. MT-043; Ex. IL-004), and dormitories were designated quarantine shelter by Alaska and Vermont (Ex. AK-016; Ex. VT-013). In the third and fourth quarters of 2020 and the first quarter of 2021 residential capacity, quarantine and isolation housing and dining operations were conditions of the reopening orders (Ex. NY-112; Ex. WA-038; Ex. WA-046; Ex. OR-021; Ex. NJ-024), residents of 36 Boulder properties were confined (Ex. MET-DEN-100), Alaska again designated dormitories as shelter (Ex. AK-033), Michigan's gathering orders excepted "school and university cafeterias" from a closure that otherwise reached them (Ex. MI-061; Ex. MI-062; Ex. MI-063), Ohio's gathering prohibition ran to the "dormitory living unit" (Ex. OH-038), and Utah required weekly testing of every student who "lives in on-campus housing" (Ex. UT-029; Ex. UT-034; Ex. UT-037). In the second quarter of 2021 the conditions ran to their terminations between May 4 and June 30 (Ex. UT-043; Ex. NJ-050; Ex. OR-043). In the third quarter of 2021 enrollment and residence were conditioned on vaccination in Nevada and at the University of California, CUNY and Indiana University (Ex. NV-055; Ex. SEC-27-001; Ex. SEC-27-011; Ex. IN-094), dormitory contacts were quarantined fourteen days in Long Beach (Ex. MET-LA-068), and residence-hall and dining staff were under the vaccination-or-testing orders (Ex. WA-079; Ex. IL-042; Ex. MN-044). The modification compelled was the emptying of the halls, then their reopening at reduced density with quarantine and isolation blocks and grab-and-go dining, then the conditioning of residence on testing or vaccination. The operation of housing and dining was partially suspended in every one of the six quarters because of those instruments.
AT: athletics, performances and campus events
In the second quarter of 2020 every gathering cap ended the spring season, the performances and commencement (Ex. NJ-002; Ex. VA-006; Ex. WY-005; Ex. SEC-27-007). In the third and fourth quarters of 2020 Mississippi capped college stadiums at 25 percent of bowl seating, prohibited game-day gatherings outside them and required face coverings of every attendee (Ex. MS-036; Ex. MS-039; Ex. MS-046), Utah prohibited organized athletic events and extracurricular gatherings (Ex. UT-029), the District prohibited high-contact sports except for "universities and professional leagues under approved plans" (Ex. DC-080), Denver ordered institutes of higher education to suspend sports programming on an outbreak (Ex. MET-DEN-037), and Washington's winter conditions reached athletics and gatherings (Ex. WA-046). In the first and second quarters of 2021 West Virginia suspended winter sports except those "conducted by accredited higher education institutions" (Ex. WV-056), Mississippi amended its stadium caps and capped college arenas at 50 percent to April 30 (Ex. MS-050; Ex. MS-051; Ex. MS-053), the District's prohibition ran to May 21 (Ex. DC-080), Louisiana capped athletic events at 75 percent (Ex. LA-030), and Washington's spectator requirements applied (Ex. WA-102). In the third quarter of 2021 Washington's spectator requirements in their September 28 version governed every stadium "professional, higher education and K-12" (Ex. WA-102), Hawaii capped gatherings and venues (Ex. HI-025; Ex. MET-HNL-035; Ex. MET-HNL-037), New York City's Key to NYC governed the venues (Ex. MET-NYC-017; Ex. MET-NYC-018), the indoor face-covering and exposure-control orders reached every indoor event (Ex. LA-036; Ex. OR-048; Ex. IL-042), and Utah forbade face-covering requirements at "institution-sponsored athletics" (Ex. UT-045). The conferences' postponements are facts and circumstances (Ex. AGY-ST-EDUCATION-HIGHER-ED-021; Ex. AGY-ST-EDUCATION-HIGHER-ED-022). The modification compelled was cancellation, then capacity caps, tailgating bans and face-covered attendance, then vaccination-proof and face-covering conditions. The operation of athletics, performances and campus events was partially suspended in every one of the six quarters because of those instruments.
RS: research, clinical training and field work
In the second quarter of 2020 the stay-at-home orders confined research to "critical research" (Ex. IL-005; Ex. OH-011; Ex. TN-007; Ex. WV-009), the hospital orders barred "non-essential health care personnel" and suspended the elective services in which clinical students trained (Ex. AL-005), Minnesota's protective-equipment order reached every "institution of higher learning" (Ex. MN-007), and Oregon's prohibition reached "laboratory ... instruction" by name (Ex. OR-059). In the third and fourth quarters of 2020 and the first two quarters of 2021 Oregon subjected "research ... at colleges and universities" to minimum standards (Ex. OR-021), Minnesota's Higher Ed Plan requirement, in force August 26 to November 20, 2020 and carried in EO 20-99's own text to January 10, 2021, reached "clinical rotations or placements ... internships ... and all research activities" (Ex. MN-029; Ex. MN-032), West Virginia's orders permitted "critical research" (Ex. WV-039), New York's guidance governed laboratories and research (Ex. NY-112), and the Healthcare Emergency Temporary Standard took effect June 21, 2021 on every clinical setting (Ex. FED-080). In the third quarter of 2021 the Healthcare Emergency Temporary Standard governed every campus clinic and clinical program (Ex. FED-080), the health-care worker vaccination orders governed every hospital placement (Ex. CA-030; Ex. NY-071; Ex. CT-055; Ex. MD-058; Ex. ME-061; Ex. MA-067; Ex. NM-068), the federal facility rules governed every national laboratory and agency site (Ex. FED-060; Ex. FED-272), and the federal contractor orders of September 9 and 24 stated the government's terms for every research university (Ex. FED-063; Ex. FED-274). The modification compelled was the closure of the laboratory to all but critical work, the loss of the clinical placement, then the conduct of research and clinical training under State standards and federal workplace rules. The operation of research, clinical training and field work was partially suspended in every one of the six quarters because of those instruments.
AD: admissions, orientation, commencement and recruiting
In the second quarter of 2020 campus visits ended with the stay-at-home orders, commencements were cancelled (Ex. SEC-27-007), the State Department suspended routine visa services worldwide (Ex. AGY-FED-LABOR-IMMIGRATION-060), the entry proclamations suspended arrivals from China, Iran, Europe, the United Kingdom, Ireland and Brazil (Ex. ECO-A-001; Ex. ECO-A-002; Ex. ECO-A-003; Ex. ECO-A-004; Ex. ECO-A-005), Proclamation 10043 suspended the entry of certain Chinese graduate students (Ex. AGY-FED-LABOR-IMMIGRATION-012) and SEVP fixed the terms of online study (Ex. SEC-15-004). In the third quarter of 2020 SEVP's July 6 rule and its July 14 rescission governed every international admission (Ex. SEC-15-005), the consular resumption was post by post (Ex. AGY-FED-LABOR-IMMIGRATION-061), the traveler quarantines reached every arriving student (Ex. NY-006; Ex. CT-023; Ex. MA-025; Ex. NM-024; Ex. DC-081; Ex. MET-CHI-019), and West Virginia had to authorize graduation ceremonies by order (Ex. WV-039). In the fourth quarter of 2020 and the first quarter of 2021 December commencements fell under the gathering caps, the proclamations were continued January 25, 2021 with South Africa added (Ex. FED-207), the inbound testing order took effect January 26 (Ex. FED-042), and the traveler orders of Maryland, Pennsylvania, New York, Connecticut and Massachusetts reached every student returning for the spring (Ex. MD-023; Ex. PA-021; Ex. NY-006; Ex. CT-034; Ex. MA-025). In the second quarter of 2021 May commencements fell under the caps still in force in New York, New Jersey, Virginia, Massachusetts, Pennsylvania, Oregon and Washington, and India was added to the entry suspensions May 4 (Ex. FED-208). In the third quarter of 2021 the proclamations, the testing order and Proclamation 10043 governed every international arrival (Ex. FED-207; Ex. FED-208; Ex. FED-042; Ex. AGY-FED-LABOR-IMMIGRATION-012), fall orientation and move-in fell under the Delta-wave face-covering and exposure-control orders, Hawaii's Safe Travels conditioned every arriving student (Ex. HI-031), and the enrollment conditions of Nevada, the University of California, CUNY and Indiana University decided who could be admitted to a campus at all (Ex. NV-055; Ex. SEC-27-001; Ex. SEC-27-011; Ex. IN-094). The modification compelled was the cancellation of visits and ceremonies, the closure of the consulates and borders to the international applicant pool, and the conditioning of enrollment on quarantine, testing or vaccination. The operation of admissions, orientation, commencement and recruiting was partially suspended in every one of the six quarters because of those instruments.
ST: student services
In the second quarter of 2020 New Jersey's Office of Emergency Management closed "all libraries and computer labs at public and private colleges and universities" by Administrative Order 2020-3 of March 20, 2020, the gym closures of every State closed the recreation centers (Ex. NJ-002; Ex. WY-004), and the health and counseling centers operated under the health-care orders (Ex. AL-005). In the third and fourth quarters of 2020 and the first two quarters of 2021 the reopening orders created a new function, the testing center, and conditioned the rest (Ex. NY-112; Ex. UT-029; Ex. RI-033; Ex. WA-046), libraries reopened for curbside pickup only from June 13, 2020 in New Jersey under Administrative Order 2020-15, and the Healthcare Emergency Temporary Standard reached every campus clinic from June 21, 2021 (Ex. FED-080). In the third quarter of 2021 the Healthcare Emergency Temporary Standard governed every health and counseling center (Ex. FED-080), the vaccination-or-testing orders required testing programs (Ex. WA-079; Ex. IL-042; Ex. MN-044; Ex. VA-045; Ex. SEC-27-011), and the indoor face-covering and exposure-control orders governed every library, bookstore and recreation center (Ex. LA-036; Ex. OR-048; Ex. NV-041; Ex. IL-042). The modification compelled was closure, then appointment-only and curbside operation, then testing and exposure-control programs as conditions of operating. The operation of student services was partially suspended in every one of the six quarters because of those instruments.
CE: continuing, workforce and community education
In the second quarter of 2020 the K-12 closures of every State ended dual enrollment and student teaching (Ex. GA-003; Ex. KS-005; Ex. NC-002; Ex. OH-003; Ex. IL-003; Ex. MN-002), the gathering caps ended camps, conferences and facility rentals, Iowa relieved community-college instruction hours by proclamation (Ex. IA-009), and the closure of the employers who buy contract training closed the training. In the third and fourth quarters of 2020 and the first two quarters of 2021 the K-12 remote and hybrid orders governed dual enrollment, the gathering caps governed camps and conferences (Ex. MET-CHI-053; Ex. OH-038; Ex. VT-034), and the employers' own capacity and telework orders governed contract training. In the third quarter of 2021 the K-12 face-covering and quarantine orders of at least eighteen States governed every dual-enrollment classroom and student-teaching placement (Ex. NJ-055; Ex. IL-040; Ex. KY-052; Ex. PA-042; Ex. NY-073; Ex. RI-055; Ex. DE-044; Ex. OR-045; Ex. NV-042; Ex. CA-034; Ex. MA-071; Ex. TX-053), Iowa's July 23 proclamation continued the community-college teaching-load relief (Ex. IA-039), Hawaii capped gatherings (Ex. HI-025), the federal Task Force rule reached every federally hosted event of more than 50 participants (Ex. FED-272), and Utah's test-to-stay statute governed the schools in which community colleges taught (Ex. UT-046). The modification compelled was the cancellation of programs whose counterparties were closed, then their conduct under the counterparties' orders. The operation of continuing, workforce and community education was partially suspended in every one of the six quarters because of those instruments.
PY: State systems, boards, accreditors and funders
In the second quarter of 2020 the systems directed the closures as instrumentalities of their States (Ex. SEC-27-007; Ex. SEC-27-008; Ex. AGY-ST-EDUCATION-HIGHER-ED-027; Ex. AGY-ST-EDUCATION-HIGHER-ED-051; Ex. AGY-ST-EDUCATION-HIGHER-ED-028; Ex. AGY-ST-EDUCATION-HIGHER-ED-018; Ex. AGY-ST-EDUCATION-HIGHER-ED-060; Ex. AGY-ST-EDUCATION-HIGHER-ED-069), Congress conditioned its relief on "the disruption of campus operations" (Ex. LAW-001), and Iowa's Regents recorded the revenue consequence (Ex. AGY-ST-EDUCATION-HIGHER-ED-065). In the third and fourth quarters of 2020 and the first quarter of 2021 the plan-approval regimes ran through the Secretaries of Higher Education, the health departments and the governing boards (Ex. NJ-024; Ex. NY-112; Ex. OR-021; Ex. MN-029; Ex. WA-038; Ex. AGY-ST-EDUCATION-HIGHER-ED-046), and Kentucky's legislature put orders restricting postsecondary institutions on a thirty-day clock, enjoined from March to August 21, 2021 (Ex. KY-041; Ex. KY-055). In the second quarter of 2021 the legislatures and governors of Idaho, Arkansas, Montana, North Dakota, Iowa, Georgia, Alabama, Oklahoma, Florida, Texas, Utah, Tennessee and Arizona prescribed what the boards could require (Ex. ID-028; Ex. AR-033; Ex. MT-072; Ex. ND-082; Ex. IA-047; Ex. GA-036; Ex. AL-078; Ex. OK-043; Ex. FL-030; Ex. TX-032; Ex. UT-045; Ex. TN-065; Ex. AZ-043). In the third quarter of 2021 the Boards of Health of Nevada and Philadelphia, the Governors of Washington, Illinois and Virginia, the Governor of Massachusetts by an order on the Commonwealth's workforce that addressed higher education by name, the Denver health department, the Minnesota Management and Budget office, the legislatures of the prohibitory States and the courts of Texas, South Carolina, Arkansas, Iowa and Oklahoma decided campus policy (Ex. NV-055; Ex. MET-PHL-021; Ex. WA-071; Ex. WA-079; Ex. IL-042; Ex. VA-045; Ex. MA-068; Ex. MET-DEN-023; Ex. MN-044; Ex. TX-037; Ex. TX-044; Ex. SC-040; Ex. AR-081; Ex. IA-057), and Ohio's General Assembly enacted Am. H.B. 244 on July 14, 2021 for effect on October 13, 2021 (Ex. OH-064). The modification compelled was the substitution of governmental instruments for the institution's own governance of instruction, housing, athletics, enrollment and employment. The operation of the institution's relationships with its systems, boards, accreditors and funders was partially suspended in every one of the six quarters because of those instruments.
HR: hiring, screening, training and credentialing
In the second quarter of 2020 the office closures froze the searches, the consular suspension stopped the visa appointments (Ex. AGY-FED-LABOR-IMMIGRATION-060), and Proclamation 10052 suspended the entry of H-1B and J-1 faculty and scholars from June 24 (Ex. ECO-A-011). In the third and fourth quarters of 2020 and the first quarter of 2021 the suspension ran to March 31, 2021 (Ex. ECO-A-012), the consular posture was post by post (Ex. AGY-FED-LABOR-IMMIGRATION-061), and the reopening orders required screening, training and plan compliance of every employee (Ex. WA-038; Ex. NY-112; Ex. MN-029, to November 20, 2020). In the second quarter of 2021 the fall hiring season was conducted under the vaccination-proof prohibitions of fourteen States by June 30 and of fifteen by July 23, 2021, when New Hampshire's RSA 141-C:1-a joined them (Ex. NH-068), and under Washington's verification proclamation signed June 30 (Ex. WA-071). In the third quarter of 2021 vaccination status became a condition of employment on campus by order in Washington, Illinois, Minnesota, Virginia, Philadelphia and Denver (Ex. WA-079; Ex. IL-042; Ex. MN-044; Ex. VA-045; Ex. MET-PHL-021; Ex. MET-DEN-023), New Mexico's order on the State workforce reached every State agency with which a campus dealt (Ex. NM-063), the Healthcare Emergency Temporary Standard required daily screening of every clinic employee (Ex. FED-080), and the prohibitory States forbade the institution to ask (Ex. MT-072; Ex. AR-033; Ex. TX-037). The modification compelled was the closure of the hiring channel for international faculty, then screening and training as conditions of work, then vaccination status as a condition of employment or a forbidden question. The operation of hiring, screening, training and credentialing was partially suspended in every one of the six quarters because of those instruments.
OP: office, administration and telework
In the second quarter of 2020 the offices were closed or reduced to minimal staff by the telework mandates and closure orders of New York, New Jersey, Pennsylvania, Massachusetts, Connecticut, New Mexico, Minnesota, Illinois, Michigan, Virginia and Hawaii and by the systems' own directives (Ex. NY-002; Ex. NJ-004; Ex. PA-002; Ex. PA-003; Ex. MA-008; Ex. CT-007; Ex. NM-006; Ex. MN-010; Ex. IL-005; Ex. MI-011; Ex. VA-006; Ex. HI-004; Ex. SEC-27-007; Ex. AGY-ST-EDUCATION-HIGHER-ED-051). In the third and fourth quarters of 2020 and the first quarter of 2021 the office guidance of New York capped occupancy at 50 percent for "higher education administration" (Ex. NY-131), the telework mandates of New Jersey, Pennsylvania, Rhode Island, Vermont, Oregon, Colorado and California were re-imposed in the winter (Ex. NJ-004; Ex. OR-033; Ex. OR-035; Ex. VT-034; Ex. CA-020), and the federal facility rules governed every federal office the institution dealt with (Ex. FED-060; Ex. FED-270). In the second quarter of 2021 the telework mandates ended between April 4 and June 4 and Cal/OSHA's standard bound every campus office (Ex. ECO-B-044). In the third quarter of 2021 the indoor face-covering and exposure-control orders of Louisiana, Oregon, Illinois, New Mexico, Hawaii, the District and every large metro reached every campus office (Ex. LA-036; Ex. OR-048; Ex. IL-043; Ex. NM-068; Ex. HI-023; Ex. HI-024; Ex. DC-057; Ex. MET-LA-018; Ex. MET-SFO-071; Ex. MET-STL-021; Ex. MET-BOS-013), Cal/OSHA's and Oregon OSHA's standards bound the workplace (Ex. ECO-B-044; Ex. ECO-B-048), and the federal Task Force rules governed every federal facility (Ex. FED-272). The modification compelled was closure and telework, then occupancy caps, then workplace infection-prevention and exposure-control requirements combining face coverings with distancing, screening and exclusion. The operation of office, administration and telework was partially suspended in every one of the six quarters because of those instruments.
WF: workforce availability
In the second quarter of 2020 every State closed its schools, keeping faculty and staff home with their children (Ex. GA-003; Ex. KS-005; Ex. NC-002; Ex. OH-003; Ex. IL-003; Ex. MN-002; Ex. NH-002; Ex. MS-005; Ex. NY-011), and the federal leave mandate made leave mandatory for any employee under a quarantine order or with a closed school (Ex. FED-170). In the third and fourth quarters of 2020 the hybrid and remote school orders kept them home by the day, the quarantine orders excluded exposed employees, and the leave mandate ran to December 31 (Ex. FED-170; Ex. NJ-032). In the first and second quarters of 2021 the conveyance order governed every commute from February 1 (Ex. FED-020; Ex. FED-050; Ex. FED-051), the school return orders fixed the days on which children were in school, and the quarantine orders continued. In the third quarter of 2021 Indiana's and Kansas's quarantine and isolation orders excluded exposed and infected employees from "employment, and public places" for ten to fourteen days per exposure (Ex. IN-092; Ex. KS-056; Ex. KS-057), the vaccination-or-testing orders on campus employment made every unvaccinated employee a weekly-tested or excluded one (Ex. WA-079; Ex. IL-042; Ex. MN-044; Ex. VA-045), the State-worker, long-term-care and school-worker orders of New Mexico, Connecticut and New Jersey did the same at every agency, clinical site and school with which the campus dealt (Ex. NM-063; Ex. CT-054; Ex. CT-056; Ex. CT-055; Ex. NJ-057), the school face-covering and quarantine orders of the 2021-22 year sent employees' children home by the class (Ex. NJ-055; Ex. IL-040; Ex. KY-052; Ex. PA-042; Ex. TX-053), and the conveyance order governed every commute (Ex. FED-020; Ex. FED-052). The modification compelled was the loss of the employee to a closed school, a quarantine order, a mandatory leave or a testing regime. The operation of the workforce function was partially suspended in every one of the six quarters because of those instruments.
CB: students and families under travel, quarantine and visa orders
In the second quarter of 2020 every stay-at-home order confined the student body to a residence, the traveler quarantines of seventeen jurisdictions reached every student going home or returning (Ex. HI-003; Ex. AK-012; Ex. RI-008; Ex. VT-012; Ex. ME-013; Ex. KS-053; Ex. TX-006; Ex. FL-012; Ex. OK-010; Ex. SC-007; Ex. AZ-012; Ex. KY-011; Ex. DE-010; Ex. MT-010; Ex. WV-009; Ex. ND-014; Ex. WY-010), and the proclamations and consular suspension reached the international student body (Ex. ECO-A-003; Ex. AGY-FED-LABOR-IMMIGRATION-060). In the third and fourth quarters of 2020 the quarantines of New York, New Jersey, Connecticut, Massachusetts, New Mexico, Kansas, Vermont, Maine, Hawaii, Alaska, Chicago, the District, Pennsylvania and Maryland reached every arriving and returning student (Ex. NY-006; Ex. NJ-087; Ex. CT-023; Ex. MA-025; Ex. NM-024; Ex. KS-054; Ex. VT-014; Ex. VT-080; Ex. ME-026; Ex. HI-003; Ex. AK-012; Ex. MET-CHI-019; Ex. DC-081; Ex. PA-021; Ex. MD-023), the college-town orders closed the bars and placed the towns under indoor face-covering and exposure-control requirements (Ex. IA-023; Ex. IA-064; Ex. IN-085; Ex. MS-070; Ex. NH-077), and Boulder confined the students themselves (Ex. MET-DEN-100). In the first and second quarters of 2021 the quarantines ran to their terminations between March 1 and June 30 (Ex. PA-027; Ex. CT-034; Ex. MA-045; Ex. NY-047; Ex. VT-080; Ex. ME-026), Hawaii's and Kansas's continued (Ex. HI-003; Ex. HI-031; Ex. HI-023; Ex. KS-055; Ex. KS-056), the inbound testing order and the proclamations governed every international student (Ex. FED-042; Ex. FED-207; Ex. FED-208), and the vaccination-proof statutes began to fix what a student could be asked (Ex. FL-030; Ex. TX-030; Ex. AZ-043). In the third quarter of 2021 the proclamations, the testing order and Proclamation 10043 governed every international student (Ex. FED-207; Ex. FED-208; Ex. FED-042; Ex. AGY-FED-LABOR-IMMIGRATION-012), Hawaii's Safe Travels and Kansas's mandate governed the travelers (Ex. HI-031; Ex. KS-057), the enrollment conditions of Nevada, the University of California, CUNY and Indiana University governed who could be a student (Ex. NV-055; Ex. SEC-27-001; Ex. SEC-27-011; Ex. IN-094), the statutes of Texas, Florida, Arizona, Utah, Montana, Georgia, Alabama, Arkansas, Iowa, Idaho, Oklahoma, North Dakota, South Carolina, New Hampshire and Tennessee governed, as their terms reach public institutions, what a public campus could ask of them (Ex. TX-037; Ex. FL-030; Ex. AZ-043; Ex. UT-045; Ex. MT-072; Ex. GA-036; Ex. AL-078; Ex. AR-033; Ex. IA-047; Ex. ID-028; Ex. OK-043; Ex. ND-082; Ex. SC-045; Ex. NH-068; Ex. TN-065), and the metro orders placed the college towns under indoor face-covering and exposure-control requirements (Ex. MET-DFW-030; Ex. MET-AUS-051; Ex. MET-BOS-013; Ex. IA-067; Ex. KS-095; the Lincoln-Lancaster County directed health measure of August 24, 2021, Ex. NE-080). The modification compelled was the confinement, quarantine and exclusion of the customer base and the conditioning of its enrollment. The operation of the institution's commerce with its students and families was partially suspended in every one of the six quarters because of those instruments.