2-04 AIDS and HIV

Policy: 6Hx28:02-04

Responsible Executive: Executive Vice President, Administrative Services

Policy Contacts: Chief Human Resources Officer

Specific Authority: 1001.64, F.S.

Law Implemented: 1001.64, F.S.; 1006.68, F.S.; 760.50., F.S.

Effective Date: 05-26-2022

Date of Last Policy Review: 03-13-2025

Policy:

1. Valencia College (“College”) is committed to provide equal opportunity for employment and educational opportunities to all applicants for employment, employees, applicants for admission, students, and others affiliated with the College without regard to factors protected under applicable federal, state, and local civil rights laws, rules, and regulations (collectively referred to as “Protected Status”). The College recognizes the serious nature of Acquired Immune Deficiency Syndrome (“AIDS”) and the Human Immunodeficiency Virus (“HIV”) medical conditions; and the potential impacts both may have on the health and safety of the College community. Discrimination against individuals with HIV or AIDS is expressly prohibited under College Policy 6Hx28: 02-01 Discrimination, Harassment, and Related Misconduct; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791); the Americans with Disabilities Act of 1990 (42 U.S.C. 12131); and Chapter 760, Florida Statutes.
2. The College President or designee may establish procedures to implement this policy. The procedures, guidelines, and statements related to this policy may be amended due to the advancement of medical knowledge, changes in the law, the facts of a particular case, or other appropriate circumstances.

Policy History:

Adopted 12-10-02; Amended 12-21-04; Amended 5-26-2022

Related Documents/Policies:

College Policy 6Hx28: 02-01 Discrimination, Harassment, and Related Misconduct

College Policy 6Hx28: 02-03 Workplace Accommodations for Applicants and Employees

College Policy 6Hx28: 02-07 Substitute Admission and Graduation Requirements for Students with Disabilities

Procedures:

1. The College President or designee may designate the office(s) responsible for coordinating the College’s efforts to inform the College community on the nature of HIV and the AIDS disease; and responsible for handling each specific HIV/AIDS case on an individual basis. The College President or designee shall have final authority to approve any action by the College pursuant to the provisions of the policy on HIV and AIDS.
2. The College will:
   1. Offer students and employees with HIV and AIDS the same opportunities and benefits offered to other students and employees while at the same time attempting to balance the rights of all individuals in order to maintain a safe educational and workplace environment;
   2. Make reasonable efforts to provide to students and employees information about the transmissibility of HIV/AIDS and precautions that may be taken to prevent the spread of HIV/AIDS; and
   3. Maintain confidential information as authorized and allowable by law. All members of the College community are expected to protect such information through proper safeguards and follow all related College policies pertaining to confidentiality in the regular conduct of College business.
3. Employees
   1. The College shall not require employees to take an HIV-related test as a condition of hiring or continued employment unless the absence of HIV is a bona fide occupational qualification for the job in question.
   2. The College shall not fail; refuse to hire or discharge any individual; segregate or classify an individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect their status as an employee; or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the results of an HIV-related test or belief that the individual has taken an HIV test, or the results or perceived results of such test, unless the absence of the HIV virus is a bona fide occupational qualification for the job in question.
   3. The College shall not discriminate against an otherwise qualified individual based on the fact that such individual has or is regarded as having HIV or AIDS.
   4. The College will not require an individual with HIV or AIDS to cease working on the basis of a diagnosis unless such person has been determined to be not otherwise qualified based upon a determination that no reasonable accommodation can be made to prevent the likelihood that the individual will, under the circumstances involved, expose other individuals to a significant possibility of being infected with HIV or to enable such person to perform the essential functions of the job. For more information on employee accommodations, see College Policy 6Hx28: 02-03 Workplace Accommodations for Applicants and Employees.
4. Students
   1. The College will not deny the admission or deny continued attendance of a student otherwise qualified for admission or continued attendance on the basis of HIV or AIDS diagnoses unless a determination has been made that no reasonable accommodation can be made to prevent the likelihood, under the circumstances involved, that such admission or attendance will expose other individuals to a significant possibility of being infected with HIV or to enable such persons to meet the substantial requirements of the educational program.
5. Applicants, employees, prospective students, and active students should refer to College Policy 6Hx28: 02-01 Discrimination, Harassment, and Related Misconduct if questions or concerns arise regarding allegations of harassment, discrimination, or retaliation...
6. HIV and AIDS Awareness
   1. In accordance with Florida Statute 1006.68, the office(s) designated by the College President or designee will be responsible for reviewing and making recommendations concerning HIV and AIDS awareness to the College community.
   2. Information and activities may include:
      1. Information on the definitions of HIV and AIDS...
      2. Safety guidelines may be established...
      3. Operational areas such as safety and security...

Procedure History: Adopted 12-10-02; Amended 12-21-04; Amended 5-26-2022

Date of Last Procedure Review: 03-13-2025