WILENGHIK & BARTNESS “UKTPORNEYS ATLAW “he Winch Barres Building sto Nowh Ti Set Phoenx Asaoa, CCA John “Jack” D. Wilenchik Telephone: 602-606-2810 Facsimile: 602-606-2811 October 28, 2021 IMMEDIATE ACTION DEMANDED VIA CERTIFIED MAIL Southwest College of Naturopathic Medicine c/o AccuSearch Inc. ~ Statutory Agent 8825 N, 23rd Ave., Suite 100 Phoenix, AZ 85021 VIA E-MAIL, Southwest College of Naturopathic Medicine 2140 B. Broadway Rd. Tempe, AZ 85282 Attn: Dr. Paul Mittman: p.mittman@senm.edu Melissa Winquist: m.winguist@scnm.edu H. Garrett Thompson: g.thiompson@senm.edu Edward Podol: ¢,podol@senm.ecu Re: Demand for an immediate cease in requiring SCNM students to comply with COVID-19 vaccination and testing policy ‘To Administrators and Board Members of Southwest College of Naturopathic Medicine: This law firm represents the Concerned Students of SCNM. The purpose of this letter is to demand that SCNM immediately cease requiring students to comply with mandatory COVID-19 vaccination and testing. These requirements have no place in an institution for naturopathic medicine. The mandates do not assess the individual’s own health in accordance with their physician, nor does it follow naturopathic principles or accreditation standards that SCNM purports to represent and that are required by its license. Last month our clients expressed their concerns regarding the vaccine mandate. Now, Concerned Students want to give thoughtful policy recommendations for SCNM. Consideration of their policy recommendations makes both legal and business sense for SCNM. Attached to this letter are the new policy recommendations that adhere to the accreditation board standards. These standards require schools to give students access to “views and inputs into institutional and program planning and decision-making” as stated vwwewb-law.com Founded in 1991WILENCHIK & BARTNESS A PROFESSIONAL CoRPoRATION— Administrators and Board Members of Southwest College of Naturopathic Medicine October 28, 2021 Page 2 of 4 in the Council of Naturopathic Medicine Education Handbook.' (CNME, pg. 39). Concemed Students at SCNM believe that the current vaccination policies do not meet these standards. These policies not only violate SCNM's licensing and accreditation requirements, but they have also caused around 30% of the student body to leave the school, “There is no law for students at a school such as SCNM to be vaccinated in Arizona, Frankly, it is bafiling that a naturopathic institution would voluntarily impose such requirements on their student body, given that it is inconsistent with naturopathic principles and has caused economic damage to the school. SCNM is not following licensing and accreditation requirements by mandating the COVID-19 vaccine. In onder to obtain licensure in Arizona, naturopathic physicians are required to graduate from a four-year school of naturopathic medicine that is accredited by the Council ‘on Naturopathic Medical Education (CNME). The U.S. Secretary of Education recognizes the CNME as the accrediting agency for naturopathic medical programs? Vaccine ‘mandates do not support SCNM’s accreditation, As stated in the Council of Naturopathic Medicine Education Handbook of Accreditation for Naturopathic Programs, the school is to uphold its policies to align with its mission. As per the SCNM student handbook’, that mission is stated “SCNM is a school of medicine and health sciences grounded in naturopathie principles. Dedicated to the ideal that everyone deserves high-quality health care, we engage students in rigorous innovative academic programs, discover and expand knowledge, and empower individuals and communities to achieve optimal health. SCNM’s vision is stated as, “A world that embraces the healing power of nature.” Given these standards, our clients believe that the COVID-19 vaccine mandate does not align with naturopathic principles. A mandated vaccination is a standardized approach and an approach of care that goes directly to Tier 6 of the therapeutic order. ' Council of Naturopathic Medicine Education Handbook, htips:|/cnme.org/naturopathic- accreditation/‘/steps. Attached hereto as “Exhibit 1”, 2 “The Database of Accredited Postsecondary Institutions and Programs,” US. Department of Education, Accessed October 27, 2021, hiips’//ope.ed,cov/dapip/#/home 3 SCNM Student Handbook, 2021-2022 SCNM_StudentHandbook.pdfWILENCHIK & BARTNESS ‘Administrators and Board Members of Southwest College of Naturopathic Medicine October 28, 2021 Page 3 of 4 Mandating the vaccine violates the healing power of nature inherent in naturopathic medicine, ‘The healing power of nature, which as stated in the CNME accreditation is defined as “The Healing Power of Nature (Vis Medicatrix Naturae): The ND recognizes an inherent self-healing process in people that is ordered and intelligent. The ND acts to identify and remove obstacles to healing and recovery, and to facilitate and augment this inherent self-healing process.” (CNME, pg. 120) As future naturopaths, our clients trust the human body to fight the viruses naturally. Support given to the patient follows the therapeutic order stated in the SCNM student handbook: re-establish the basis of health, stimulate the healing power of nature, tonify weakened systems, correct structural integrity, prescribe specific natural substances for pathology, prescribe pharmacotherapy for pathology, and prescribe surgery, pharmacotherapy. Mandating the COVID-19 vaccine at SCNM is clearly antithetical to these naturopathic processes. Mandating the COVID-19 vaccine will further disrupt the learning process, ‘The vaccine testing requirements that SCNM has adopted interferes with the learning process, as seen with the decline in enrollment since these policies were adopted. However, those who choose to not vaccinate would experience extreme disruption due to the continual testing and awaiting of results that could lead to false positives and class time lost. Lost class time due to testing requirements has a direct impact on the credit hours needed to become a naturopathic practitioner according to SCNM standards and Arizona laws ‘There is also an inherent inequity between students who choose to not be vaccinated ‘compared to those that did get the vaccine. Unvaccinated students would be held to constant testing, when vaccinated individuals would not, discriminating against those who ‘chose altemate methods of prevention and treatment based upon their health care needs. “Prevention: The ND emphasizes the prevention of discase by assessing risk factors, heredity and susceptibility to disease, and by making appropriate interventions in partnership with the patient to prevent illness.” (CNME, pg. 120). These students” rights are stated in and based upon the SCNM Student Handbook. (CNME, pg. 39). Our clients have come to uphold and endear themselves to the philosophies and principles to which naturopathic medicine upholds, and to which they will be required to practice, 4 ARS. § 32-1501, https://apps.azsos.gow/public_services/Title_04/4-18.pdfWILENCHIK & BARTNESS A PROFESSIONAL CORPORATION — Administrators and Board Members of Southwest College of Naturopathic Medicine October 28, 2021 Page 4 of 4 We expect a prompt response to this communication within three (3) days. If no response is received, then we will recommend that our clients may pursue their legal remedies, including but not limited to, administrative remedies with respect to the school’s license. Please contact me at the email address listed above and/or my associate, Davis @usb-lavv.com) with any questions. Sincerely, JDW/emf Enclosure as stated above.EXHIBIT 1 WILENCHIK & BARTNESS —— A PROFESSIONAL CORPORATION——October 27, 2021 COVID-19 Policy for Southwest College of Naturopathic Medicine ‘As a schoo! of naturopathic medicine, we uphold the philosophies and principles to which the medicine we prescribe. In this time of uncertainty of health and wellness, prevention is key to evading the pathogen set before us, COVID-19. Our medicine gives us the guidelines to follow to take on such a challenge. As future and current naturopathic practitioners, we set the stage for those around us to follow our lead. It is our duty to stem the furtherance of this disease within our community. This policy’s goal is to do just that. It embraces each of our 6 philosophies and considers the therapeutic order. https://www.nebi.nlm.nih. gov/pme/articles/PMC28838 1 6/pdf/nihms-184002.pdf © Asthe vaccine neither prevents contraction nor transmission of the virus, it will not be ‘mandated to the students, faculty, and staff, but itis highly encouraged that you speak to your health care provider to determine if itis a good fit for prevention of adverse effects should you contract the virus. Natural immunity holds the best ability for stopping the spread and increase of variant predominance within the community. Vaccination is encouraged in individuals with a compromised immune system or comorbidities, again speak with your health care professional. https://www.medrxiv.org/content/10.1101/2021.08.24.21262415v1 bttps://www. youtube.com/watch?v=qP31.cfD3YOY Janeway, C. (2015). In The immune system (4th ed., pp. 103-105). essay, Garland Science/Taylor & Francis Group. Philosophies: Treat the whole person (individual care), Do No Harm, Prevention, The Healing Power of Nature. Therapeutic Order: Tier 6 Synthetic substances: Vaccines Other University/Colleges with similar policy: https://voice.lifewest.edu/covid-19-vaccine-policy/ hitps:/Awww.logan.edu/healthupdate/#1630687564539-39d0abdf-ed13 https://eovid9.arizona.edu/vaceine © Vitamin D is highly important to our immune system, and it has been shown to reduce COVID-19 infection by 3 times those with low vitamin D, and to decrease likely adverse events from a COVID-19 infection by 5 times. Please target getting out 15 minutes a day between 10 am and 2 pm to bathe in the sun without sunscreen to boost your vitamin D stores. If this is unobtainable, speak to a health care professional on vitamin D supplement dosage to ensure sufficient vitamin D levels.https://doi.org/10.1111 Ajep.14675 Sareen $. Gropper, J. L. (2018). Advanced Nutrition and Human Metabolism: Seventh Edition, (pp. 397-398) Boston: Cengage Learning. Philosophies: Doctor as Teacher, Prevention, Treat the Cause, Treat the Whole Person, The Healing Power of Nature. Therapeutic Order: Tier 1 — 3 Establish Health, Stimulate Healing Power, Support the System Other University/Colleges with similar policy: https://voice.lifewest.edu/covid-19-vaccine-policy/ ‘Nutrition is key to prevention of illness and immune support. Whole foods are important, in getting the vitamins and minerals for our immune system. Zinc and vitamin C are two nutrients highly associated with antiviral support. In COVID-19, smell and taste are lost, and this can be attributed to zine, which is necessary for the senses of smell and taste, With the body’s need of zinc in viral immunity, it becomes insufficient for the sense of smel] and taste when infection takes place when stores are low. Vitamin C is essential in fighting infections. It was found that 82% of critically ill ‘COVID-19 patients had low vitamin C levels. Making sure that adequate vitamin C intake daily is imperative in preventing and fighting COVID-19 infection. Research has shown that it is best to get from food, but if itis hard to support through diet, seek advice from your primary care provider for supplementation, Avoiding processed foods high in sugar can improve the body’s ability to fight infection, as the immune system is depressed in high sugar diets. Limiting these foods can help prevent illness and infection by COVID-19 and other pathogens. These foods are also low in vitamins and minerals that can support the system. There are also other additives that can hinder health. Increased salt intake can increase blood pressure leading to adverse conditions in cases of infection. hittps://www.ncbi.nlm.nih.gov/pme/articl es/PMC7781367/ 0.1186/s12937-021-0072" https://nutritionj biomedcentral. com/arti https://www.covid | 9treatmentguidelines.nih.gov/therapies/supplements/vitamin-c/ https:/academic.oup.com/ajcn/article-abstract/26/11/1180/4732762 hitps://www.ncbi.nim.nih. gov/pme/articles/PMC4074336) Sareen 8. Gropper, J. L. (2018). Advanced Nutrition and Human Metabolism: Seventh Edition. (pp. 309-312, 506-509) Boston: Cengage Leaming. Philosophies: Doctor as Teacher, Prevention, Treat the Person, Treat the Cause, The Healing Power of Nature. Therapeutic Order: Tier 1 -3 Establish Health, Stimulate Healing Power, Support the System Other University/Colleges with similar policy:hitps://voice.lifewest.edu/covid-19-vaccine-policy/ COVID-19 testing will be done for those that are symptomatic. Studies have shown that asymptomatic individuals do not transmit COVID-19, and COVID-19 tests are inaccurate at showing positive or negative results especially in asymptomatic individuals, It is imperative that students, faculty, and staff remain home if they are having any signs or symptoms of infection. They should only return to campus upon resolution of symptoms. Fever checks for screening for infection will be done for all upon arriving on campus to ensure symptomatic individuals return home. hhttps://pubmed.ncbi.nlm nih, gow/34134035; httpsi/vww.thelancet.com/journals/lanmic/article/PIIS2666-5247(20)30200-7/fulltext ologyj.biomedcentral, https://virc Philosophies: Prevention Other University/Colleges with similar policy: https://www.acom.edu/coronavirus/ https://blogs.palmer.edu/profiles/2020/03/10/coronavirus-covid-]9- update/?_ga=2.138760181.718656680.1633713678-1632120781.1633713678 https://covid 19.arizona.edu/test-trace-treat https://www.asu.edu/about/fall-2021#preventive-measures If students, staff, or faculty are experiencing signs and symptoms of COVID-19, they should immediately fill out the personal reporting form found on SCNM COVID-19 policy page and advise those they have been in contact with over the past 24-48 hours. They are to remain home until symptoms are resolved, Students, please remain in contact with the Dean of Students and professors for making up any missed classes and assignments. Philosophies: Prevention Other University/Colleges with similar policy: https://www.sherman.edu/wp-content/uploads/2021/08/MEMO-Revised-RTC- Guidelines-03.05.21.pdf https://www an.edw/wp-content/uploads/202 1/08/MEMO-Revised-RTC- Guidelin 21pdf https://covid | 9.arizona.cdu/test-trace-treat Students, staff, or faculty upon noticing symptoms should look to early treatment such as herbs and other naturopathic treatments. For example, echinacea which is most effective within the first day or two of signs of infection, or elderberry syrup which is great for coughs and respiratory viral infections reducing infection and symptoms by days. These treatments are examples based upon research below. Naturopathy docsn’t advocate standardized treatments for all. Please seek out a medical professional for the OTCtreatment that is right for you. If symptoms persist and/or worsen, please seek out ‘medical attention from your primary care physician or at the SCNM clinic. http: nlm nih. gov/pme/articles/PMC4058675/ httpsi//www.nebi.nlm.nih, gov/pme/articles/PMC7347422, https://www.naturalmedicinejournal.com/sites/default/files/cold_and_flu.péf Philosophies: Treat the Cause, Treat the Person, The Healing Power of Nature, First Do No Harm. Therapeutic Order: Tier 2, 3, 5 Stimulate Healing Power, Support the System, Address Pathology: Natural Substance Other University/Colleges with similar policy: https://ww :om.edu/coronavirus/ https://blogs.palmer.edw/profiles/2020/03/1 0/coronavirus-covid-19- update/? 138760181.718656680.1633713678-1632120781.1 Public health initiatives of the early twentieth century helped in the reduction and end to the pandemic/epidemic era as stated in Harrison’s Principles of Internal Medicine, and they have been the foundation of prevention in the spread of illness ever since. At SCNM, we will ensure that hygiene protocols and area disinfection protocols are adhered to for reduction of transmission of COVID-19 and other seasonal illnesses, Each area will have a hand sanitizing station for students, staff, and faculty to utilize upon entrance and exit. There will be surface sanitation wipes in all classrooms and labs. Each student and faculty are required to wipe down their workspaces after each class or workspace interaction. Clinical sanitation protocol will be adhered to with additional confirmation that rooms are sanitized and ready for the next patient with door markers. Sanitation of campus surfaces that are regularly touched will be done at specific time intervals by the janitorial staff. 3713678 hitps:/www.worldbank.org/en/topic/water/bricflwash-water-sanitation-hygicne-and- covid-19 Gaziano, T. A., & Gaziano, J. M. (2012). The Epidemiologic Transition in the United States. In Harrisons principles of internal medicine (18th ed., Vol. 2, p. 1812). essay, McGraw-Hill. Philosophies: Prevention Other University/Colleges with similar policy: https://www.sherman.edu/wp- content/uploads/2021/08/MEMO -Revised-RTC-Guidelines-03.05.21 pdf hnttps://ww.acom,edu/coronavirus! |ttps:/fblogs.palmer.edu/profiles/2020/03/1 O/coronavirus-covid-19- update/?_ga=2.138760181.718656680.1633713678-1632120781.1633713678‘© Utilization of face masks will be done in classrooms and labs where 6 feet of distance is, not able to be maintained for reduction of possible transmission. Individuals are encouraged to go on breaks outside for 10 minutes to remove masks, social distance, and take in the sun for vitamin D. Extended periods of time with a mask on can increase airway resistance which can cause physiological changes both to cardiovascular and respiratory systems. These changes can be detrimental to those with comorbidities such as asthma, cardiovascular disease, and hypertension. Masks will be worn at all times in the clinic. https://blogs.cde. gov/niosh-science-blog/2020/06/10/ppe-burden/ httpsi/clinmedjournals.org/articles/jide/journal-of-infectious-diseases-and-epidemiology- jide-6-130.php?jid=jide https://www.nebi.nim.nih.gov/pme/articles/PMC7338098/ hittps://medcraveonline,com/ILPRR /effects-of-long-duration-wearing-of-n95-respirator- and-surgical-facemask-a-pilot-study.html Philosophies: Prevention Other University/Colleges with similar policy: https://www.sherman.edu'wp- content/uploads/2021/08/MEMO -Revised-RTC-Guidelines-03.05.21 pdf https://blogs.palmer.edw/profiles/2020/03/10/coronavirus-covid-19- update/?_ga=2,13876018],718656680,1633713678-1632120781.1633713678 https/mww.logan.edw/healthupdate’#] 630687564539-39d0abdf-ed]3 hitps://eovid] 9 arizona edu/face-coverings hitps:/www asu.edw/abouv/fall-2021 #preventive-measures ‘Thank you for following this policy to ensure the safety and health of our community. It is highly recommended that all students, staff, and faculty limit their exposure to large gatherings and events uring this time, Be sure to get adequate exercise (at least 30 minutes 3 times a week), water for bydration (minimum 1/2 body weight in ounces/day), and meditation for stress management. The more ‘we work to mitigate any infection and support our individual health, the greater effect we have on preventing further transmission and spread of COVID-19.