at a university, in an effot to ensure that the football program starts the season, the board of trustees mandates a restart of face$-$to$-$face classes before the rate of infection from the virus has decreased in the state. The board proposes mandator monitoring of the health of faculty and students through the use of an app, testing, distancing in class and on campus, and mask wearing. The university faces a risk of lawsuits by faculty and students