MADISON, Wis. — As students begin to move in and head back to campus, they will be asked to follow some COVID-19 safety protocols, but some in the state Legislature want to have a say over those rules first, and time is running out.

What You Need To Know

  • Some Republican lawmakers claim COVID-19 policies on campuses need legislative approval

  • Interim UW System President Tommy Thompson disagrees and said the university system has the authority to regulate its buildings

  • State Sen. Steve Nass (R-Whitewater), who co-chairs the Legislature's rules committee, has threatened to request filing a lawsuit if the UW System does not submit COVID-19 protocols to the committee for approval by Sept. 2

Republicans on the Legislature's rules committee set Thursday as the deadline for the UW System to submit plans, but interim president Tommy Thompson, a Republican himself, has had no intention of doing so.

Thompson isn't backing down, but he doesn't want a fight either.

“You know my position on it. I don't think they have the legal standing,” Thompson said.

This year, the UW System is leaving COVID protocols up to each campus. Right now, all of them having masking requirements. However, Thompson said three factors had to go into the decision making: Whether or not the campus is in a red or orange zone as designated by the CDC, campuses need to consult with their local health department, and each chancellor must decide with their faculty board.

UW-La Crosse Chancellor Joe Gow.

UW-La Crosse Chancellor Joe Gow appreciates having that kind of flexibility under Thompson's leadership.

“To have someone who has such extensive experience in the Legislature, as governor, as Health and Human Services secretary, who has come in to lead and understands the challenges that the chancellors face, and the importance of giving us all the tools that we need to make decisions on the ground to keep things safe and protect our students,” Gow said.

State Sen. Steve Nass (R-Whitewater) has vowed to request that Assembly Speaker Vos and Senate Majority Leader LeMahieu take legal action against the UW System for not complying with Thursday's deadline to submit rules for approval.

“It's somewhat surprising that last year, the Board of Regents made the decision, at my recommendation, for all the campuses, and we had masking for the full year, and we got by without any of these threats from the Legislature,” Thompson said. “I don't want to fight with the Legislature. I want to get along with them. I just don't think they have the right case.”

Not all Republicans are on board with taking legal action though. In a tweet from last week, Assembly Majority Leader Jim Steineke said a lawsuit would only add more confusion during an already stressful time.

While time will ultimately tell, it seems Sen. Nass' ask of leadership could end up like the request made of Thompson and go on unfulfilled.