CAL STATE L.A. OFFICIAL STATEMENT AND GUIDELINES ON ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) With the direction and support of University Administration, Cal State L.A. has established an AIDS Coordination Committee to plan a comprehensive educational program, and to develop administrative procedures that address campus issues related to the AIDS virus and HIV infection. The AIDS Coordinating Committee is comprised of faculty, staff and students and is broadly representative of the campus community so that it may address the educational, medical, personal, administrative and legal issues associated with the disease. Confidentiality is of primary concern. Where appropriate and necessary, procedures developed shall be consistent with provisions specified in collective bargaining agreements for employees duly covered. The primary response of Cal State L.A. to the epidemic of HIV (Human Immuno-deficiency Virus) infection shall be education. The organization and implementation of effective educational programs about AIDS and HIV infection must be given the highest priority. In designing the format and content of such educational programs, particular attention will be given to create opportunities for effective learning by people of any age, ability, gender, ethnicity, or sexual orientation. The comprehensive educational programs must address faculty, staff, undergraduate, graduate and professional students; they should reach not only residential students, but also commuters and non-traditional students. In order for the educational programs to be effective, they must provide current information, use reliable, up-to-date materials and be both easily accessible and widely available.
All students and all employees of the University living with AIDS, HIV disease, or a positive antibody (Human Immunodeficiency Virus) test shall be afforded unrestricted classroom attendance, working conditions, use of all University facilities and participation in co-curricular and extracurricular activities as long as they are physically and psychologically able to do so. Cal State L.A. shall analyze the individual circumstances and respond to persons living with AIDS, AIDS related conditions or HIV infection on a case by case basis. Each case shall be evaluated based upon the individual's ability to function, the needs of the campus community and the legal obligations involved. The hiring, promotion, transfer or any other employment process shall not include a consideration of the existence of the following: AIDS, HIV disease, a positive HIV antibody test; or inclusion in a high risk group in any way. Reasonable accommodation shall be provided to employees and students with AIDS, HIV disease and related illness in a manner consistent with those services provided for individuals with other medical, psychological and/or educational needs and as articulated in Sections 503 and 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. To determine any appropriate reasonable accommodation, it may be necessary for a representative from the Office for Affirmative Action for faculty and staff, or the Office for Students with Disabilities for students, to initiate and facilitate an informal, interactive process with the person with HIV or AIDS in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations. The existence of any form of HIV infection shall not be considered in the admission decisions for people applying to attend the University. Students or employees who are either known to be or thought to be infected with HIV shall not be subjected to any emotional and/or physical abuse. Cal State L.A. condemns all such occurrences as intolerable and has assigned the Office for Affirmative Action to investigate allegations of harassment, discrimination or denial of access to University facilities and activities based upon HIV infection, AIDS or HIV disease. The University Health Center will provide initial counseling and referral sources to outside agencies.
The University shall develop easily accessible and widely available support through which concerned persons can receive counseling, assistance in locating and using social resources and referrals for further assistance. If a student or an employee has concerns about the presence of an individual with HIV infection, he or she shall be directed to an appropriate University health officer or administrator. Persons with continuing fears or concerns about the disease shall be provided with either appropriate educational resources or referred to appropriate on-campus or off-campus agencies. Refusal to work with a HIV infected individual or person with AIDS does not excuse an employee or student from fulfilling assigned responsibilities. The psychological consequences of actual or feared HIV infection are such that students and employees may experience enough suffering to impair their health, interfere with academic or work performance, cause extreme psychological distress, disrupt plans and cripple relationships. Psychological, emotional and spiritual health may also be important allies for people with established HIV infection.
Cal State L.A. shall designate a Health Educator whose primary responsibilities will be to: provide consistent handling of questions which arise concerning the risks caused or experienced by a person living with AIDS/HIV disease or a seropositive finding; provide counseling information, and referrals for personas with concern and fears about the virus; safeguard the individual's rights to confidentiality at all times; and serve as a resource person to students, faculty, administrators and staff.
The University shall take steps necessary to minimize the risk to individuals participating in the handling of blood, blood products and body fluids. Each department, unit and/or work group where individuals may handle blood, blood products, body fluids and/or tissues, shall develop and follow written procedures that maximize the safety of its participants and inform them of the potential hazards of the activities before the activities are begun. These procedures shall be in compliance with the U.S. Department of Labor guidelines.1 The AIDS Coordinating Committee and the Health Center shall review each set of written procedures and maintain current records of such procedures. All students assigned to field work, a clinical experience or an internship at an off-campus agency handling blood, blood products and/or bodily tissues shall be informed of the potential risks for exposure to the AIDS virus. Cal State L.A. cannot be responsible for the actions of an off-campus facility nor guarantee a student against exposure.
Confidential information concerning any aspect of HIV infection shall be handled with extraordinary care. Guidelines concerning the handling of confidential information about people with HIV infection shall be consistent with those found in the American College Health Association's Recommended Standards and Practices for a College Health Program, fourth edition.2 AIDS is a reportable disease as it pertains to the laws and regulations of the State of California. Health care providers are required to report known or suspected cases to the local county health department within seven calendar days from time of identification.3 Except for such legally required reporting, confidentiality of medical conditions shall be maintained. The number of people in the University who are aware of the existence and/or identity of students or employees who have HIV infection shall be kept to an absolute minimum. Neither health officers nor other administrators shall keep lists or logs identifying individuals tested for the antibodies to HIV or known to be infected with HIV The potential for compromise of confidential information far exceeds any conceivable benefit of such listings. Those who are known to be immunologically compromised shall be excused from institutional requirements for certain vaccines, (e.g., measles and rubella) as these vaccines may lead to serious consequences in persons with poorly functioning immune systems. U.S. Department of Labor, Office of Health Compliance Assistance. OSHA Instruction, CPL, 2-2.44A, dated December 12, 1988. Recommended Standards & Practices for a College Health Association, Fourth Edition, 1984. State of California, Code of Regulations, Title XVII, Sections 2500, 2501, 2502, 2503, 2505; June 2, 1989. |