|No. 3-7a||Rev. 11-18-98||Date 6-14-90|
This policy is established for the purpose of protecting the rights of persons with HIV positive status, persons suspected of or actually infected with AIDS virus and the rights of those who interact with them in the course of their University-related activities.
II. SCOPE OF APPLICATION
The anti-discrimination provisions of this policy shall apply with equal force to other infectious diseases, such as tuberculosis, which are determined by competent authority to constitute a handicapping condition under Section 504 of the Rehabilitation Act of 1973.
For purposes of this policy the following definitions as stated in the Human Immunodeficiency Virus (HIV) Infection Codes, Official Authorized ICD-9-CM, Centers for Disease Control, effective January 1, 1988, will apply:
A. HIV Infection
A person who may have been infected with Human Immunodeficiency Virus (HIV) as demonstrated by positive serological or viral culture findings, but who does not have such conditions that would be indicative of AIDS-like syndrome or AIDS.
B. ARC (AIDS-Related Complex)
The complex of symptoms caused by the Aids virus which precedes full-blown AIDS.
C. AIDS-Like Syndrome
Human immunodeficiency virus infection causing certain specific conditions and includes AIDS-Related Complex (ARC) but exclusive of conditions indicative of AIDS.
Acquired Immune Deficiency Syndrome. Human immunodeficiency virus infection with specified conditions, i.e. complex of infections, neoplasms, etc. that warrants classification of acquired immunodeficiency syndrome.
E. Responsible Administrator
Responsible Administrator is a person who has authority to implement the employment or academic accommodations recommended by the Institutional AIDS Committee. The responsible administrator may be a department chair, program director, supervisor, dean, vice president or other appointed administrator of the University.
IV. POLICY OF NONDISCRIMINATION
It is the policy of Weber State University that no person shall be discriminated against based on Acquired Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or a positive Human Immunodeficiency Virus (HIV) antibody test.
V. POLICY OF ACCOMMODATION
Weber State University will make reasonable efforts to accommodate its students and employees who are HIV infected to assist them in the pursuit of their academic and/or professional careers.
VI. HARASSMENT PROHIBITED
Weber State University prohibits and condemns all incidents of harassment of students or employees who are either known to be or suspected of being infected with the HIV. Such incidents will be considered serious violations of University policy and will be handled in accordance with the appropriate disciplinary procedures outlined in PPMs 3-33 and 9-9 to 9-14 and the Student Rights and Responsibilities Code.
VII. ESTABLISHMENT OF INSTITUTIONAL AIDS COMMITTEE
The president of the University shall appoint an Institutional AIDS Committee (IAC) comprised of individuals with training in medicine, public health, law and ethics. Its composition should include representatives from the Human Resources Office, the Affirmative Action Office, Student Services, the faculty, staff and the Weber State University Student Association. In addition, ad hoc representation of the Weber/Morgan Health Department should be sought.
The duties of the IAC shall include the following:
A. Design and implementation of a campus-wide AIDS educational program.
B. Review and approval of procedures recommended by the Department/College AIDS Committees (described below).
C. Review of cases and issues referred to it by any person, involving individuals who are identified as having HIV infection. The IAC's review of such cases shall be for the purpose of balancing the rights of HIV-infected persons to accommodations which may be reasonable under the circumstances with the rights of others to work and learn in a safe environment. Upon reviewing such cases, the IAC shall recommend to an appropriate administrator any work-related or academic accommodations considered appropriate and any legal safety precautions which appear prudent. They should also make medical and psychological referrals to assist such individuals. Appeals of adverse administrative decisions shall follow established University grievance procedures.
D. Adoption of procedural safeguards to assure the confidentiality of their work in accordance with state and federal law.
VIII. AUTHORIZATION FOR DEPARTMENTS AND COLLEGES TO ESTABLISH AIDS COMMITTEES AND TO DEVELOP APPROPRIATE PROCEDURES FOR SPECIFIC AREAS
Current knowledge indicates that under ordinary occupational and academic conditions students and employees of the University are not subjected to health risks by casually associating with students, co-workers and clients or patients who are infected with HIV. However, in certain settings (such as the Student Health Center, the School of Allied Health Sciences, the School of Education and its pre-school, Food Services, custodial services and various laboratories), students and employees may, in the course of their duties, have more than casual exposure to persons infected with HIV and to their blood or other body fluids. Authorization is hereby given for each department or college to establish AIDS committees. These committees shall develop policies and procedures, based upon the guidelines of the Center for Disease Control, which will provide protection for the students and employees in that area. These policies shall be reviewed and approved by the IAC. These advisory committees shall also assist in carrying out the AIDS educational program described below.
IX.AIDS EDUCATIONAL PROGRAM
Weber State University shall establish a campus-wide educational program employing a variety of methods to convey information to faculty, students and staff for their personal guidance. Special emphasis should be placed upon informing students who may be confronting sexual issues for the first time and individuals in identified high-risk behaviors.
Further, the University shall develop more specialized programs for administrators, supervisory staff, faculty, counselors and others who must deal with AIDS-related issues in discharging their responsibilities to the University.
X. COUNSELING AND OTHER MEDICAL SUPPORT SERVICES
Clinicians in the Student Health Center and the Counseling Center, within their respective capacities, shall make provisions for limited medical, psychological and support services which promote the physical and mental health of person with the AIDS virus. Since comprehensive care of HIV infection and associated conditions is beyond the scope of campus services, other care providers shall be identified for appropriate referral.
University health care providers shall be familiar with sources of testing for AIDS and shall be prepared to refer students and employees who request such tests. Health care providers should also be familiar with the capabilities and limitations of the test, and shall be able to counsel and educate persons who seek testing.
Clinicians shall also be familiar and comply with current state laws and public health requirements regarding managing of HIV infection and associated conditions among students and employees.
XI. MANDATORY AIDS TESTING PROHIBITED
Weber State University shall not institute a mandatory HIV testing program unless required to do so by state or federal law.
XII. POLICY OF CONFIDENTIALITY
Confidential information concerning HIV infection and associated conditions shall be handled with extraordinary care.
Confidential information from student and employee records shall not be disclosed to third parties without first securing the written consent of the individual or satisfying the conditions of third party disclosures set forth in applicable law and University policies and procedures.
The number of people in the institution who are informed of the existence and/or identity of students or employees who have the HIV infection shall be kept to an absolute minimum on a need to know basis under the direction of the Institutional Aids Committee.
XIII. REPORTING REQUIREMENTS
The University will strictly observe public health reporting requirements for HIV/AIDS as may be required by the laws of the State of Utah and of the United States.
XIV.UNANTICIPATED AIDS-RELATED ISSUES
Unforeseen AIDS-related situations which may develop to which specific University policies cannot be applied shall be addressed on a case-by-case basis. Under such circumstances, the following guidelines should be observed:
A. The health and safety of all individuals shall be given the highest priority.
B. Each person's right to privacy should be protected.
C. University officials should consult medical staff and the most recent information and guidelines available from the public health officials and professional organizations to arrive at the most appropriate response to the specific situation.
D. In the event that additional specialized expertise is required, questions may be referred to the IAC.