The College recognizes that employees with life-threatening illnesses, including but not limited to cancer, heart disease, and AIDS, may wish to continue to engage in as many of their normal pursuits as their condition allows, including work. As long as employees are able to meet performance standards of their position, and medical and/or other objective evidence indicates that employees do not pose a direct threat of harm to the health or safety of themselves or others, supervisors should be sensitive to their conditions and ensure that they are treated consistently with other employees. At the same time, the College has an obligation to provide a safe work environment for all employees and students. Every precaution should be taken to ensure that an employee's condition does not present a health and/or safety threat to other employees or students.

612.020 LIFE-THREATENING ILLNESSES

The College recognizes that employees with life-threatening illnesses, including but not limited to cancer, heart disease, and AIDS, may wish to continue to engage in as many of their normal pursuits as their condition allows, including work. As long as employees are able to meet performance standards of their position, and medical and/or other objective evidence indicates that employees do not pose a direct threat of harm to the health or safety of themselves or others, supervisors should be sensitive to their conditions and ensure that they are treated consistently with other employees. At the same time, the College has an obligation to provide a safe work environment for all employees and students. Every precaution should be taken to ensure that an employee's condition does not present a health and/or safety threat to other employees or students.

The assessment of health and safety risks, as well as any modifications or adjustments which may be required, will be based on the individual facts of each case.

Individual judgments need to be made regarding working arrangements for employees with questionable medical conditions in normal work stations, and particularly in work stations such as food services, nursing, dental hygiene, and child care. These decisions must be made through a team including the employee's physician, the health services officer, the appropriate Executive Cabinet member, and a physician selected by the College with particular expertise in infectious diseases. In each case, risks and benefits to both the employee and to others will be weighed.

The College offers the following resources:

1. Management and employee education and information through Health Services on terminal illness and specific life-threatening illnesses.
   
   
2. Referral by Health Services to agencies and organizations which offer supportive services for life-threatening illnesses.
   
   
3. Benefit counseling through Human Resources to assist employees in effectively managing leave and other benefits.

Following are guidelines for supervisors dealing with situations involving employees with life-threatening illnesses:

1. Remember that an employee's health condition is personal and confidential, and precautions should be taken to protect information regarding the condition. At a minimum, information regarding medical condition or history must be maintained in separate medical files and treated as confidential medical records, except as permitted under state or federal law.
   
   
2. Contact Health Services to obtain information about terminal illness or a specific life-threatening illness or if further guidance is needed in managing a situation that involves an employee with a life-threatening illness.
   
   
3. Contact Health Services if there are any concerns about the possible contagious nature of an employee's illness. Health Services cannot provide specific information about a student or employee without the individual’s consent.
   
   
4. Contact Human Resources to determine if a medical examination or inquiry is needed to determine whether or not the employee:
   
   a) is still able to perform essential functions of the job;
   b) poses a direct threat to the health and safety of themselves or others;
   c)  and/or whether reasonable accommodation would eliminate or reduce such risk.
   
   The College may require an examination by a medical doctor appointed by the College.
   
   
5. Working with Human Resources, make reasonable accommodation, if warranted, for employees with life-threatening illness, consistent with the needs of the department.
   
   
6. Be sensitive and responsive to coworkers' concerns and emphasize employee education available through Health Services.
   
   
7. Be sensitive to the fact that continued employment for an employee with a life-threatening illness may sometimes be therapeutically important in the remission or recovery process, or may help to prolong that employee's life.
   
   
8. Offer no special consideration beyond a normal transfer request for employees who feel threatened by a coworker's life-threatening illness.
   
   
9. Encourage employees to seek assistance from the established community support groups for medical treatment and counseling services. Information on these can be requested through Health Services.

612.025 ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)

This policy is intended to provide basic information to members of the College community about the way in which the AIDS virus is transmitted. It is also designed to make the academic community aware of the fundamental principles which will govern College-sponsored clinical and educational activities relating to AIDS and to ensure that confirmed or suspected cases of infection are managed appropriately.

Legal and ethical considerations mitigate against the adoption of any policies or courses of action which would deny ordinary privileges and rights, including that of privacy, to students, faculty or staff members who are known or suspected to be infected with the AIDS virus.

The guidelines below are contingent on the continued veracity of the medical information stated above. The College acknowledges that generally recognized facts may change significantly and will review the AIDS/HIV policy periodically to update it in accordance with information disseminated by the medical profession, the Department of Health and the United States Public Health Service.

The College will disseminate accurate and objective educational information on AIDS to the College community. The College will also make available to eligible persons appropriate clinical services, including counseling, and will make referrals as necessary to other health-care agencies.

Administrative responsibility for implementing this policy is assigned to the health services officer.

Guidelines

The general rule is that legal and ethical considerations mitigate against the adoption of any policies or courses of action which would deny ordinary privileges and rights, including that of privacy, to members of the College community who are known or suspected to have AIDS, or a positive HIV antibody test.

1.  Students who have AIDS, or a positive antibody test, whether they are symptomatic or not, will be allowed regular classroom attendance in an unrestricted manner as long as they are physically able to attend classes.
   
   
2. The access of students with AIDS, or a positive HIV antibody test, to College public areas will not be restricted.
   
   
3. Consideration of the existence of AIDS, or a positive HIV antibody test, will not be a part of the initial admission decision for those applying to attend this institution. New students will not be required to respond to questions about the existence of AIDS, or a positive HIV antibody test. They are, however, encouraged to inform the health services officer. These students will be referred for proper medical care and education. Any information received by Health Services will be treated with the strictest regard for confidentiality.
   
   
4. Students who are candidates for HIV testing may be referred to Health Services or local community health resources. Information regarding HIV testing is available in Health Services.
   
   
5. Information regarding a student's or employee's diagnosis as having AIDS or having tested positive to the HIV antibody test will be maintained in the strictest confidence possible. College officials and employees will make no attempt to identify those students or fellow employees who have AIDS, or a positive HIV test. No person, group, agency, insurer, employer, or institutional faculty, staff, administrator, or even a parent or spouse will be provided any medical information regarding AIDS, or a positive HIV antibody test, without the specific written consent of the patient. College faculty, staff, and administration must remember that all confidential information is protected by statutes and that any unauthorized disclosure of it may create legal liability.
   
   
6. With regard to employees with AIDS, or a positive HIV antibody test, College policy requires that each employment action be made on the basis of job-related criteria. Care should be taken, however, to ensure that assigned duties can be carried out in a manner that safeguards the welfare of the individual with AIDS, or a positive HIV antibody test, and of others. Medical separation may be pursued only if an employee can no longer perform the essential elements of his/her job safely even with reasonable accommodation. Alternative solutions will be considered to allow persons to maintain partial or complete employment.