WVU STUDENT HANDBOOK - THE MOUNTIE
Effective January 1983 Revised November 1987

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West Virginia University Policy on AIDS (Effective December 1992)

Introductory Note:

This policy should be read in conjunction with the AIDS/HIV Resources and Information Bulletin, available from the Office of Student Affairs or individual deans and directors. The Resource and Information Bulletin offers advice on issues that are often raised in campus settings. It was adopted from similar material developed at the University of California at Berkeley and Ohio State University. Actual decisions will be governed by this policy. It is hoped the following policy statement will facilitate a reasoned response to this most serious public health challenge.

Coverage and Application

The following policy applies to WVU students, student applicants, employees, or employment applicants with actual or perceived AIDS/HIV infection or other disability which substantially limit(s) one or more of his or her major life activities. (Note: Hereinafter, and for ease of expression, employees will mean faculty, faculty equivalents, classified, and nonclassified staff at WVU.)

Purpose

The university reaffirms its human resources development commitment that stresses respect for individuals' confidentiality of information and their personal goals and objectives, regardless of their personal afflictions or disabling conditions. It also recognizes that such persons may wish to maintain their student or employee status for as long as their medical condition allows. To this end, the university will refer to this policy in analyzing and responding to each person's condition and circumstances in determining the extent to which the person can remain associated with the university.

Applicable Laws and Regulations

The university will apply the same handicapped statutes, policies, procedures, and regulations to students, student applicants, employees, and employment applicants with AIDS/HIV infections as are applied to persons with other disabling conditions. Where applicable, the university will adhere to health and safety laws, public health laws, and other appropriate requirements governing the control and prevention of communicable and infectious diseases. The university recognizes its duty to provide an environment which is free from recognized hazards which cause, or are likely to cause, death or serious physical harm or serious illness. The university prohibits and will not tolerate harassment or unlawful discrimination toward an HlV-infected employee or student. University health care and allied health care faculty, staff, students, and residents who have HlV infection are restricted from performing invasive procedures which create a risk of transmission of HIV infection to others.

Medical Consultation

The University Health Service can provide medical evaluation and consultation and will arrange for evaluation outside the university upon request of the individual involved.

Reasonable Accommodation

Where applicable, and under the meaning of reasonable accommodation as specified by law, the university will reasonably accommodate the environmental restrictions or medical limitations of the afflicted person, provided the individual can perform the essential functions of his or her normal responsibilities with the accommodation. All accommodations will be considered on an individual basis. In determining the reasonableness of any accommodation, the required university investment will be weighed with the projected benefits obtained by the individual and the university community. The Office of the Americans with Disabilities Act Coordinator will serve as the major resource on reasonable accommodation and related matters for affected employees and employment applicants.

AIDS/HIV Information

The university will be guided by contemporary scientific and medical information and recommended precautions in making decisions related to reasonable accommodation, student and employee retention, and other related matters.

Medical Determination and Administrative Decisions

The deans and directors will render the final decision on AIDS/HIV-related matters after consultation with the Associate Provost for Student Affairs in student matters; the Provost and Vice President for Academic Affairs or Vice President for Health Sciences in faculty matters; and the Vice President for Administration and Finance on classified and nonclassified staff matters. Decisions are subject to the usual appeal procedures.

Confidentiality of Information

Recognizing the need for confidentiality, the university will be guided by relevant state and federal privacy laws, university policies and procedures, the Health Sciences Center AIDS Policy, and disease reporting requirements of the County Health Department and the State Department of Health and Human Resources.

Information, Education, and Training

The university recognizes its commitment to education and pledges to support a comprehensive plan for AIDS/HIV education.

Questions

Students, faculty, administrators, or staff who have questions about the implementation of the university's policy on AIDS/HIV or who seek other information on this issue should contact an AIDS Education Specialist, University Health Service, (304)293-6972.