Policy on Communicable Disease, Including AIDS (p)
A. Purpose

The 71st Texas Legislature determined that workplace guidelines are necessary to assure that the rights and privileges of individuals infected with the Human Immunodeficiency Virus (HIV) are protected. The Board of The Victoria College acknowledges the serious threat to our community and nation posed by the AIDS epidemic. This policy and other procedures developed by the college shall emphasize educating employees and students concerning AIDS and managing each case of AIDS individually with sensitivity, flexibility and concern for the individual as well as for the employees and students. In addition, this policy defines and addresses other communicable diseases which from time to time arise in the college among students and employees.

B. Scope

This policy and related administrative procedures apply to all employees and students of the college.

C. Definition

In this policy and its procedures, communicable disease means an illness due to an infectious agent or its toxic products that arises through transmission of that agent or its products from a reservoir to susceptible host and as further defined in the Communicable Disease Prevention and Control Act. Communicable diseases include, but are not limited to mumps, rubella, influenza, mononucleosis, chicken pox, viral hepatitis-A, viral hepatitis-B, human immunodeficiency virus (HIV infection), AIDS, AIDS-Related Complex, sexually transmitted diseases and infectious meningitis. In this policy and procedure, HIV infection includes AIDS and AIDS-related Complex and a positive test for the antibody to human immunodeficiency virus.

D. Philosophy

The College's decisions concerning a person who has a communicable disease shall be based upon current and well-informed medical judgment which includes the nature of the disease, risk of transmission to others, symptoms and special circumstances of the person and balancing identifiable risks and available alternatives to respond to a student or employee with a communicable disease.

E. Nondiscrimination

Students: No student will be required to cease attending The Victoria College or participating in the college functions solely on the basis of diagnosis of a communicable disease. If a review of the facts demonstrate that a student is unable to perform as required or presents a health risk to himself/herself or the college community, a decision shall be made regarding the student's attendance at the college.

Employees: An employee who has a communicable disease will be treated in the same manner as other employees who have other illnesses or injuries. If it is determined that an employee is unable to perform assigned duties, or a significant portion thereof or poses a threat to the health or safety of himself/herself or others, a decision shall be made regarding the employee's presence at work and employment status. Reasonable accommodations will be made for qualified employees with disabilities, if the college can make such accommodation without undue hardship.

F. Confidentiality

Based on the Federal Privacy Act, The Texas Commission on Human Rights Act and the Texas Communicable Disease Prevention and Control Act, any medical documentation or information provided by an HIV-infected employee to personnel and/or supervisors must be considered confidential and private information. As such, employers are generally forbidden by law to disclose this information without the employee's knowledge and written consent.

It must be emphasized that anyone who breaches the HIV-infected employee's rights has committed a serious offense. This breach may be cause of litigation, resulting in both civil and criminal penalties.

G. Education

The college shall develop and maintain a comprehensive educational program (speakers, pamphlets, in-house newsletters, audio visuals, etc.) regarding HIV infection for students and employees. The program shall address current medical opinions concerning the nature of HIV infection and its symptoms, methods of transmission, types of behavior which increase the risk of transmission of the disease, preventive measures for avoiding infection and most importantly, responsible and humane treatment of persons infected with the disease.

The Human Resource Office will distribute annually to each employee an educational pamphlet about the methods of transmission and prevention of HIV infection. The student handbook will notify our students that they can request a copy of the pamphlet.

The curricula of nursing and other allied health programs, as well as social work degree programs, will include information about the methods of transmission and prevention. Also, the curricula of these same programs will give attention to the physical, emotional and psychological stress associated with care of patients with terminal illnesses.