01.01 We at Texas State are committed to recruiting and retaining a heterogeneous and qualified student body, and providing services which enhance their personal development and contribute to the fulfillment of their goals. The following procedure contributes to the implementation of this policy.
01.02 Texas State is committed to providing a safe educational and working environment for its students, faculty, and staff.
01.03 Texas State recognizes that preventing the transmission of HIV is the only effective means of controlling the AIDS epidemic. Therefore, the University's primary response to HIV/AIDS shall be the education of its students, faculty, and staff.
02.01 Acquired Immune Deficiency Syndrome (AIDS) is the end result of an infection caused by a virus called Human Immunodeficiency Virus (HIV). This virus causes a deterioration of the body's immune system. As a result, a person with AIDS is susceptible to a variety of infections that may be potentially fatal.
02.02 HIV infection is a condition in which an individual has tested positive for HIV antibodies. In the early stages of HIV infection, people may appear healthy but can transmit the virus to others.
02.03 The term "employees" in this UPPS includes faculty, staff, and student employees.
03.01 Admissions:
A prospective student will not be denied admission on the basis of HIV infection.
03.02 Employment:
An individual will not be denied consideration for employment on the basis of HIV infection. An HIV-infected employee will remain employed as long as he/she meets job performance standards. If an infected employee is unable to fulfill his/her regular responsibilities due to disability, the University will make a reasonable effort to accommodate the employee's disability.
03.03 Class Attendance:
A student with HIV infection will be allowed to attend all classes without restriction, provided that the student is physically and mentally able to participate, perform assigned work, and poses no health risk to others as recommended by a competent medical authority, approved by the Medical Director of the Texas State Student Health Center.
03.04 Access to Facilities:
An individual will not be denied access to any University facility on the basis of HIV infection.
03.05 Athletic and Recreation Programs:
Students with HIV infection who are capable of participation will not be restricted from Intercollegiate Sports, Intramurals, or Recreational Sports.
03.06 Residential Housing:
Students with HIV infection will not be restricted from University housing. HIV infection is confidential information and Residence Life staff will not disclose this information without the prior written consent of the student. Specific decisions regarding residential housing of students with HIV/ AIDS, including special housing arrangements, shall be made on a case-by-case basis. Residence Life staff may, with the student's consent, consult with the student's private physician and/or the director of the Texas State Student Health Center to determine appropriate arrangements.
*03.07 Exemptions Based on Presence of HIV-infected Individual:
The presence of an HIV-infected student or employee shall not be sufficient grounds for refusal to perform job duties, withdrawal from a class, or exemption from a residential housing contract. Students shall not receive refunds, beyond those normally allowed by the University's published refund schedules, for tuition, room and board, or other fees based solely on the presence of an HIV-infected student. State law provides that an individual will be disqualified for unemployment compensation benefits if the individual leaves work voluntarily rather than provide services included within the course and scope of employment to an individual infected with HIV. (Section 207.053 Labor Code)
*03.08 Mandatory HIV Testing:
The University will not undertake any programs that require mandatory testing of students or employees except as provided by law.
03.09 Laws Protecting Persons with HIV/AIDS:
Persons with HIV/AIDS are protected against discrimination by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Persons with HIV/AIDS are eligible for the same services and accommodations as other persons with disabilities.
*03.10 Right to Privacy:
An individual's right to privacy shall be protected. No medical or other compelling reason exists to advise students or employees of the identity or presence of a person with HIV/AIDS.03.11 Discrimination/Harassment:
Discrimination against or harassment of HIV-infected individuals shall not be tolerated. Students or employees who are found to have acted in such a manner will be subject to the same University policy and disciplinary actions as individuals involved in other forms of discrimination and/or harassment.
03.12 Employee Request for Accommodation:
An employee with HIV/AIDS who becomes unable to fulfill his/her regular job responsibilities may request an accommodation for the disability by filing a request with his/her department head or the Director of Personnel. The Director of Personnel and the Medical Director of the Texas State Student Health Center will determine whether the employee is eligible for accommodation.
03.13 Limits of Protection:
Persons infected with HIV are protected by state and federal laws, as well as this University policy, but only to the extent that their medical condition does not pose a significant health risk to others as recommended by a competent medical authority, approved by the Medical Director of the Texas State Student Health Center. The University has a responsibility to ensure a safe educational and work environment for its students and employees. UPPS No. 04.04.44 "Life-Threatening Illness Guidelines" addresses the process to be followed should there be a concern that an employee's medical condition might pose a significant health risk to others.
*04.01 The Family Educational Rights and Privacy Act of 1974, The Medical Practice Act, section 81.103 of the Health and Safety Code, and other laws protect individuals from the unauthorized disclosure of confidential information. The HIV status of students and employees is confidential information and will not be released without the prior written consent of the individual, except where release is required or authorized by law. HIV status in personnel records and Workers' Compensation files is confidential information and shall be safeguarded so as to prevent unauthorized disclosure.
*04.02 Every University department head shall establish procedures to protect the confidentiality of HIV infection information in personnel records and to limit the number of persons who need to be involved in matters concerning individuals with HIV/AIDS. Any University personnel with legitimate and necessary access to information regarding individuals with HIV/AIDS shall be made aware of the requirement to safeguard confidential information and of the legal liability that may be created by unauthorized disclosure. The Health and Safety Code provides criminal sanctions for persons who, with criminal negligence and in violation of the code, (1) release or disclose a test or other information or (2) allow a test result or other information to become known.
05.01 The Student Health Center will provide medical information about HIV/AIDS and resources available to students who are infected with HIV. Medical care shall also be provided for routine medical problems. Students newly diagnosed with HIV infection will also be encouraged to undergo counseling to address the emotional and psychological effects of the disease. General information about HIV/AIDS will be provided to employees of the University upon request. Employees will be referred to the county health department or their personal physician for additional services.
05.02 The Counseling Center will provide confidential counseling services as well as information about other resources available to students who are infected with HIV.
05.03 The Office of Disability Services will assist students with HIV/AIDS in obtaining University services and reasonable accommodations. The same policies and procedures shall be applied to students with HIV/AIDS as are applied to persons with other disabilities.
06.01 Voluntary Testing and Counseling:
The Student Health Center will provide confidential HIV testing with pre- and post-test counseling to Texas State students. An anonymous testing program is available whereby no information regarding the HIV test is recorded in the student's medical record. Unless otherwise authorized or required by law, no HIV test will be performed without first obtaining the informed consent of the person to be tested. Employees of the University will be referred to the county health department or their personal physician for HIV testing.
*06.02 Reporting of HIV Test Results:
HIV test results will be reported in compliance with all applicable statutory requirements, including the Communicable Disease Prevention and Control Act, and Chapter 81 of the Health and Safety Code. Positive HIV test results are not reported by name.
06.03 HIV Testing Protocol After a Possible Exposure:
Following guidelines established by the Centers for Disease Control and Prevention and the Texas Department of Health, a student or employee who may have been exposed to HIV as a result of educational assignments or employment should be tested within seven (7) days. Testing should be repeated at six (6) weeks, twelve (12) weeks, and six (6) months after the possible exposure.
06.04 Student Request for HIV Testing:
A student may request HIV testing and counseling at University expense, if the student documents possible exposure to HIV during a class activity or an educational assignment in a manner that is capable of transmitting HIV in accordance with information from the Centers for Disease Control and Prevention and the Texas Department of Health. The University may, with informed consent and at its own expense, also test the individual that may have exposed the student for HIV infection.
06.05 Employee Request for HIV Testing:
An employee may request HIV testing and counseling at University expense, if the employee documents possible exposure to HIV, while performing the duties of employment, in a manner that is capable of transmitting HIV in accordance with information from the Centers for Disease Control and Prevention and the Texas Department of Health. The University may, with informed consent and at its own expense, also test the individual that may have exposed the employee for HIV infection.
*06.06 Worker's Compensation Benefits and HIV Testing:
An employee who may have been exposed to HIV while performing the duties of employment and wants to claim Worker's Compensation benefits cannot be required to undergo HIV testing, but refusal to do so may jeopardize the employee's claim. State law requires that an employee must provide a written statement of the date and circumstances of a possible exposure to HIV. The employee must document that he/she had a negative HIV test within ten (10) days of the exposure (Chapter 85 of the Health and Safety Code). A "supervisor's report of injury/illness" must also be completed to fully establish the employee's rights under the Worker's Compensation Act.
07.01 The Student Health Center will provide information on prevention of HIV infection including the value of abstinence and responsible relationships; information on the efficacy, use, and availability of condoms; conduct that may result in the transmission of HIV; and state laws relating to HIV/AIDS.
07.02 The University will provide HIV education to students based on the model HIV education and prevention program developed by the Texas Department of Health by including this information in the curricula of its Allied Health, Counseling, Health Education, Social Work, and General Studies programs. The physical, emotional, and psychological stress associated with HIV/AIDS, as well as taking care of someone with HIV/AIDS, will also be addressed in these programs. Other academic degree programs will also be encouraged to include relevant HIV information in their curricula.
07.03 The Personnel Department will provide each employee with the educational pamphlet developed by the Texas Department of Health entitled "AIDS and The Workplace." The pamphlet will be provided to new employees on the first day of employment and to all employees annually.
08.01 Academic:
Departments offering laboratory courses that may involve exposure to blood and other potentially infectious materials will adopt safety guidelines for handling such materials and distribute these guidelines to students and staff prior to such exposure. The safety guidelines shall include the guidelines established by the OSHA Bloodborne Pathogens Final Standard and the CDC Universal Precautions. Students shall also be provided with appropriate personal protective equipment.
08.02 Residential Housing:
Residence Life staff will annually review and follow the guidelines established by the OSHA Bloodborne Pathogens Final Standard and the CDC Universal Precautions. Residence Life staff shall provide annual programs for residents that include information about methods of transmission and prevention of HIV infection, safety guidelines established by the OSHA Bloodborne Pathogens Final Standard and the CDC Universal Precautions, federal and state laws concerning HIV/AIDS, and relevant information contained in this University HIV/AIDS policy. The University will provide each residence hall with a blood/infectious materials clean-up kit with instructions for its use.
08.03 Occupational:
Department heads will provide annual HIV safety programs for employees whose duties may involve exposure to blood or other potentially infectious materials. The HIV safety programs shall include information about methods of transmission and prevention of HIV infection, safety guidelines established by the OSHA Bloodborne Pathogens Final Standard and the CDC Universal Precautions, federal and state laws concerning HIV/AIDS, and relevant information contained in this University HIV/AIDS policy. Employees shall also be provided with appropriate personal protective equipment.
*08.04 University Police Department:
The University Police Department will develop and implement HIV/AIDS workplace policies similar to the model policies developed by the Texas Department of Health in its publication titled, "Model Policies for the Handling, Care and Treatment of HIV/AIDS-infected Persons in the Custody Of or Under the Supervision of Correctional Facilities, Law Enforcement Agencies, Fire Departments, Emergency Medical Services Providers and District Probation Departments." (Section 85.141 of the Health and Safety Code)
08.05 Athletics:
The Athletic Department will provide athletic trainers with annual HIV safety programs which shall include information about methods of transmission and prevention of HIV infection, safety guidelines established by the OSHA Bloodborne Pathogens Final Standard and the CDC Universal Precautions, federal and state laws concerning HIV/AIDS, and relevant information contained in this University HIV/AIDS policy. Athletic trainers shall also comply with the HIV/AIDS Guidelines of the most recent edition of the NCAA Sports Medicine Handbook. The Athletic Department shall also ensure that appropriate personal protective equipment is provided to its athletic trainers.
09.01 The University will include relevant summaries of this HIV/AIDS policy in the student, faculty, and staff handbooks.
09.02 The Media Relations and Publications Department will coordinate the release of information regarding University HIV/AIDS policy and programs. Media Relations and Publications will consult with appropriate departments and offices to ensure that accurate information and a consistent University policy are presented to the public.
09.03 All inquiries pertaining to the statistical incidence of HIV infection and AIDS among Texas State students and employees will be referred to the Director of the Student Health Center.
10.01 The President will appoint, on an annual basis, a committee to review institutional HIV/AIDS educational and policy initiatives. The Institutional Advisory Committee on HIV/AIDS will make recommendations to the University when new information, laws or regulations indicate changes in University policy are necessary. The Advisory Committee will also make recommendations concerning the University's educational initiatives regarding the prevention of HIV infection. The Advisory Committee will meet annually, or at the call of the chairperson, and submit an annual written report to the President regarding the committee's findings and recommendations. The Advisory Committee shall include representatives from the student, faculty, and administrative areas. The Director of the Student Health Center, the University Attorney, the Director of Risk Management & Safety, and the Director of Personnel will be permanent voting members of the committee. The chairperson's position shall rotate among the members of the committee annually.
11.01 Major responsibilities for routine assignments associated with this UPPS include the following:
Position Section Date Director, Student Health Center Review
05.01
06.01
07.01June E10Y University Attorney Review June E10Y Advisory Committee for HIV/AIDS* Review June E10Y Director, Personnel 03.12
07.03As needed Counseling Center 05.02 As needed Office of Disability Services 03.09 As needed Director, Residence Life 03.06
08.02Annually
This UPPS has been approved by the following individuals in their official capacities, and represents Texas State policy and procedure from the date of this document until superseded.
Dr. Emilio Carranco, Director, Student Health Center; senior reviewer of this UPPS
Mr. William Fly, University Attorney; reviewer of this UPPS
Advisory Committee, AIDS/HIV Committee, reviewers of this UPPS*
Dr. Sonny Barrera, Assistant Vice President for Student Affairs
Dr. James D. Studer, Vice President of Student Affairs
Dr. Jerome Supple, President