EMPLOYEES INFECTED WITH
ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS),
HUMAN IMMUNODEFIECIENCY VIRUS (HIV),
HEPATITIS B VIRUS (HBV), or HEPATITIS C VIRUS (HCV)
The school district is not in the business of screening for HIV, HCV, HBV, or AIDS; however, if school district administrative personnel have reasonable cause, as agreed in conference with public health officials, to believe a school employee has the clinical disease, the school district may require the school employee to submit to an appropriate medical evaluation. The sexual orientation of the school employee shall not constitute reasonable cause to request a medical evaluation. No school employee shall be required to provide information as to his/her sexual orientation.
When an employee is identified by the physician as having HIV Infection, HCV, HBV or AIDS, the employee shall make this known to the superintendent. The following procedure will be followed:
1. The superintendent shall immediately communicate with the employee and request the employee to provide a statement from the employee’s personal physician regarding the employee’s current health condition and/or disability.
2. The superintendent will discuss the employment options with a Health Review Committee composed of the following: (1) The Superintendent, who will serve as spokesperson for the Committee; (2) the employee; (3) the employee’s personal physician and/or a local physician; and, (4) the employee’s immediate supervisor. The Health Review Committee shall meet and confer on the extent to which "reasonable accommodations" may be necessary due to the employee’s disability.
3. Any decision regarding the employee’s status will be made by this Health Review Committee. Decisions will be made on a case by case basis.
4. The Health Review Committee shall use the current criteria established by the Center for Disease Control as the basis for making decisions. Given the nature of the disease and our knowledge of the disease at the present time, these criteria are subject to change. In addition to that criteria, the Committee shall also consider: (a) the behavior, neurological development and physical condition of the employee; (b) the expected type of interaction with others in the school setting; and, (c) the impact on the employee who has the clinical disease and on others in that setting. Decisions will be made on a case by case basis.
5. Upon written advisement of the employee’s personal physician in conjunction with the Health Review Committee, an employee may apply for a leave of absence, and be granted such on the approval of the Uinta County School District Number One Board of Education.
6. Upon written advisement of the employee’s personal physician in conjunction with the Health Review Committee, an employee may request a return from leave of absence, and be granted such upon the approval of the Uinta County School District Number One Board of Education.
7. Counseling and/or referral to the professional of the employee’s choice will be recommended for HIV, HBV, and HCV related issues.
Protection of the confidentiality of information regarding HIV and AIDS infected employees is of utmost importance. Only the members of the Health Review Committee are aware of the identity of these employees. A written consent is required for the release of any information concerning a person’s HIV status and only on a "Need to Know" basis. When an HIV or AIDS infected employee is identified, the superintendent is to establish a separate case file on that employee to which only he/she and the Health Review Committee members for that employee are to have access.
Policy Cross References: