1.13 HIV/AIDS AND GUIDELINES

Effective: August 15, 2024

Purpose: To prevent the further spread of the Human Immunodeficiency Virus (HIV), to reduce fears and dispel myths, to protect the rights of persons with Acquired Immune Deficiency Syndrome (AIDS) or HIV infection, and to create and informed and supportive University community. Emporia State University will implement programs that increase HIV/AIDS awareness and provide education intended to prevent further spread of HIV.

Scope: This policy applies to all University employees and students.

Responsible Office: General University; Student Wellness Center

Policy Statement: The Student Wellness Center will develop, implement, and maintain comprehensive HIV/AIDS education programs for students and employees. Educational programs will include, though will not be limited to, information on availability of confidential or anonymous HIV counseling and testing services in the community. University units such as Human Resources, Student Wellness Center, Counseling Center, and Student Accessibility and Support Services may be consulted to provide advocacy for students/employees on a case-by-case basis.

The following guidelines are based on 1996 epidemiological data indicating that students or employees with AIDS or a positive HIV antibody test do not pose a health risk to other students and employees in an academic setting.

• Students and employees with HIV/AIDS will be afforded normal classroom attendance and employment, and participation in co-curricular and extracurricular activities in an unrestricted manner.
• The University will act in compliance with the Americans with Disabilities Act and other state and federal laws which prohibit discrimination on the basis of a disability and require accommodations for persons with disabilities in appropriate circumstances.
• Confidentiality of medical conditions and records will be maintained in accordance with existing University procedures and requirements. In accordance with the Kansas Department of Health & Environment HIV policy, but subject to federal law, HIV status records are maintained separately from other medical records and not released without the patient’s consent under any circumstance.
• Students and employees with AIDS or a seropositive HIV antibody test will be given assistance, upon request, in obtaining appropriate medical care, education, and accommodations.
• Consideration of the existence of AIDS or a seropositive HIV antibody test will not be part of the admission decision for prospective students or as a part of the hiring process for prospective employees. Programs or policies will not be implemented to require screening of enrolled students and current employees for AIDS or an HIV antibody test.
• Those who are known to be immunologically deficient, or an immediate family member of an immunologically deficient person, can be excused from University requirements for certain vaccines. In such an instance, the University Student Wellness Center will work with the Kansas Department of Health and Environment when making such a decision.
• The University will take appropriate steps to promote the safety of individuals participating in classroom laboratory experiments, community health care settings, learning or working situations involving blood, blood products, and body fluids, extracurricular or co-curricular activities.
• Refusal to work with a person with HIV does not excuse an employee or student from fulfilling assigned or expected responsibilities. If an employee or a student has concerns about the presence of a person with HIV, that employee or student will be counseled to help allay those concerns or fears. Counseling services will be provided on campus, or referral will be made to appropriate community agencies, for those persons with continuing fears or concerns about the disease.
• The University Student Wellness Center will be familiar with sources of testing for HIV and will be prepared to offer pre- and/or post-test counseling to any student who requests it and will refer any employee requesting counseling to appropriate community agencies.
• The Student Wellness Center will establish communication links with county and state health agencies and AIDS information centers in order to obtain current medical and referral information.
• Harassment, threats, intimidation or emotional or physical abuse of members of the University community are not acceptable behavior for University students, faculty or staff and will be dealt with according to the same procedures set forth in the University's harassment and anti-discrimination policies.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in University or Board of Regents policy or by statute or regulation.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of General University procedures.

[General University procedures - coming soon]

Related Policy Information: Student Wellness Center