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ITHACA COLLEGE
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VOLUME II
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2.8 Health and Safety PoliciesOffice of Public Safety -- Security Awareness and Crime Prevention Programs -- Sexual Offenses -- Hate Crimes -- Campus Crime Statistics -- Campus Disciplinary Actions and Arrests -- Hate Crime Statistics -- Drug and Alcohol Policies -- College AIDS Policy -- Smoking Policy -- Occupational Safety Policies
Current knowledge indicates that individuals with AIDS (acquired immunodeficiency syndrome), HIV-related illness or a positive HIV (human immunodeficiency virus) test do not pose a health risk to others through ordinary social or occupational interaction, according to the American College Health Association (ACHA). Ithaca College will not exclude individuals with those conditions from College-sponsored activities. Ithaca College recognizes that HIV infection, HIV-related illness, and AIDS are disabilities covered by federal, state, and local statutes. In accordance with Ithaca College's long standing policy regarding the rights and privacy of individuals, members of the College community should take care to respect the confidentiality of information concerning persons with AIDS or HIV-related illness. Both Ithaca College policy and the law prevent the disclosure of any such information to a third party without consent. Adherence to confidentiality helps to limit the risk of discrimination against those with HIV infection. The ACHA states that the "primary response of colleges to the AIDS epidemic must be education." Ithaca College strongly endorses this principle and encourages the ongoing educational efforts of the AIDS Education and Policy Committee, the AIDS Working Group, and other campus organizations. This policy is based on the best currently available medical facts about AIDS and will be revised if new information warrants.
(Based on New York State Public Health Law Article 27-F) Medical records are considered confidential records. New York State Law protects HIV-related information, including HIV test results, from being disclosed by health and social service providers without the client's consent. Disclosure of HIV-related information is permitted with an executed HIV release form approved by the state health department that indicates the specific person or organization who will receive the information. All disclosures of confidential HIV information must be accompanied by a statement prohibiting redisclosure. If oral disclosure is necessary, it must be accompanied by a redisclosure prohibition statement within 10 days. Disclosure without a release form may be made to certain authorized persons described in the law and noted on the HIV antibody test informed consent form. A physician may notify a contact without consent if the physician believes that disclosure is medically appropriate; if the contact is at significant risk of HIV infection; and if the protected person will not inform the contact after being counseled to do so. Before notifying the contact, the physician is required to inform the protected person of the physician's intent to notify the contact and comply with the protected person's choice of whether the physician or a public health officer via the Partner Notification Program will notify the contact. The physician or public health officer should never identify the protected person to the contact. New York State Public Health Law Article 27-F also includes provisions regarding HIV-related testing and requirements for written informed consent prior to testing, as well as information regarding penalties for violating the law. More detailed information on confidentiality disclosure requirements, and the issuance of court orders can be found in this New York State Public Health Law Article.
AIDS Education and Policy Committee This committee is responsible for establishing college policies and procedures and overseeing the college's educational efforts in relation to AIDS issues. The committee works closely with the AIDS Working Group to increase awareness and provide education to prevent further spread of AIDS. The working group coordinates the efforts of various campus offices, groups, and individuals in this educational endeavor. The committee and its working group will also be the primary body to interpret and apply the American College Health Association (ACHA) guidelines to the Ithaca College community in areas to include general institutional policies, housing policies, educational methods, antibody testing, confidentiality, etc. AIDS Working Group This group is responsible for undertaking the daily work of coordinating and developing educational programs or studying fully all the issues for the campus related to AIDS. This group carries out the bulk of the work of the AIDS Education and Policy Committee and reports to it on a regular basis. The primary charge of the group is to provide education on AIDS within the context of College policy. Crucial context areas are covered in educational efforts including:
College Disability Services The director of affirmative action and equal employment opportunity and the coordinator of academic support services for students with disabilities are the college representatives designated to ensure that students are provided with reasonable accommodations upon request. An employee's supervisor or faculty member's dean is responsible for workplace accommodation and may consult with the director of benefits in the Office of Human Resources. Campus Resource Contact Phone Numbers
HIV is not transmitted by any form of casual contact. No evidence supports the existence of any risk of transmission to household or residential contacts. Therefore, Ithaca College will not exclude students with AIDS, HIV-related illness, or a positive HIV test from residential housing. AIDS-Related Housing/Campus Procedures
To date, there have been no documented cases of HIV transmission during athletic activity. Based on current medical and epidemiological information, HIV infection alone is insufficient grounds to prohibit athletic competition. The decision not to restrict student-athletes (hereafter referred to as "athletes") merely because they are infected with HIV is supported by the joint position statement of the American Medical Society for Sports Medicine (AMSSM) and the American Academy for Sports Medicine (AASM), as well as the position statements of the American Academy of Pediatrics (AAP), the National Collegiate Athletic Association (NCAA), the United States Olympic Committee, and the American College Health Association (ACHA). The risk of contracting HIV during the course of athletic activity is extremely low. In accordance with these position statements, Ithaca College supports the conclusion that the risk of contracting HIV during athletic activity is extremely low and believes that mandatory HIV testing for intercollegiate athletes is not justified, particularly in light of the fact that no cases of HIV transmission during athletic competition have been documented. Furthermore, mandatory testing of athletes would fail to decrease the small risk of HIV transmission during athletic activity. Risk of HIV infection is more closely associated with behaviors external to sports competition. Educational programs about the traditional routes of HIV infection will teach athletes how to prevent HIV infection by acting responsibly and will also promote good health practices. Voluntary HIV testing is available to any student who might be at risk for HIV infection and can be arranged through the campus Health Center. In accordance with Ithaca College's policy regarding the rights and privacy of individuals, members of the College community should take care to respect the confidentiality of information concerning athletes with AIDS, HIV-related illness, or a positive HIV test. The decision to disclose information related to this particular aspect of an athlete's medical history should remain a privilege of the infected individual, and it is of paramount importance that a strict policy of confidentiality be followed. Adherence to this policy helps limit the risk of discrimination against those with AIDS, HIV-related illness, or a positive HIV test. Eligibility of an HIV-infected athlete to participate in athletics should be determined with the same procedures and standards used for all other athletes. The decision whether an athlete with AIDS, HIV-related illness, or a positive HIV test can continue to participate in athletics should be based on the athlete's current health status and should be make by the athlete and the athlete's physician. Regular medical checkups are recommended for the HIV-infected athlete to ensure the best health of the athlete and continued participation in sports. The above policy is based on the best currently available medical facts regarding HIV/AIDS and will be revised if new information warrants.
As disabilities, HIV infection and AIDS are within the scope of several applicable laws that prohibit discrimination based on disability. These laws include, but are not limited to, the following:
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August 15, 2001 |
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This document is maintained by the Office of the College Attorney. Send comments to: Deb Emnett |
