UTHSCSA Policies,
Procedures, Responsibilities, and Requirements
(taken from the 2001-2003 UTHSCSA Student Guide)
Absences on Religious Holy Days
Alcohol Policy for Student Organizations
Invitations to Elected or Appointed Officials
Official Notification Procedure
Personal Emergency Notification
Professional Liability Insurance
UTHSCSA Sexual Harassment Policy
Student Role in University Decision Making
Students Serving on Committees
AIDS/HIV/HBV Infection Policies
Alcohol, Drug, and Chemical Abuse
Student Conduct and Discipline
No
person shall be excluded from participation in, denied the benefits of, or be
subject to discrimination under any program or activity sponsored by The
University of Texas Health Science Center at San Antonio on any basis
prohibited by applicable law, including but not limited to, race, color,
national origin, religion, sex, veteran status, disability, or sexual
orientation.
Students
may take an examination or complete an assignment missed during the observance
of a religious holy day(s) if they give notification of the planned absence to the
instructor(s) no later than the fifteenth day after the first day of the
semester. A “religious holy day” is a
day observed by a religion whose place of worship is exempt from property
taxation under Section 11.20 of the Tax Code.
Notification to instructors must be accomplished by the use of a
standard form (Notification of Planned Absence ToObserve
a Religious Holy Day) available from the Registrar’s Office which, upon
completion, will meet the policy requirements of the University regarding
absences for observance of a religious holy day. The Notification of Planned
Absence To Observe a Religious Holy Day form is
initiated by the student and signed and dated by the instructor. Instructors, upon notification, will
stipulate a “reasonable time” in which the student may complete an assignment
or take an examination scheduled on the day(s) the student is absent for the
purpose of observing a religious holy day. If the student fails to
satisfactorily complete assignments or examinations within the stipulated
“reasonable time,” loss of credit for work or a failing grade for an
examination will result. This policy
will be followed unless it interferes with patient care.
Approval to serve alcoholic beverages
will only be given to official student functions sponsored by the Office of
Student Services such as the on-campus individual school picnic’s held at the
beginning of the academic year and selected on-campus SGA events. The Assistant
Vice President for Student Services shall petition the president’s office for
the official designation of selected events.
In implementing a University Policy on the service of alcohol, all
1. Provide
designated drivers.
2. Utilize
designated servers who have been certified by the Texas Alcoholic Beverage
Commission.
3. Provide
non-alcoholic beverages.
4. Provide
food.
5. Check
picture identifications. Must have birth date.
6. Have
a University faculty advisor or her/his designee present at this event.
7. Have
sufficient University Police Officers based on number of attendees and type of
event.
Failure to comply with these requirements
will result in a loss of privileges regarding use of alcohol on campus.
All animals used for teaching, training,
and research, or any other activities by UTHSCSA faculty, staff, and students on
this campus or elsewhere, shall be used and cared for in accordance with all
applicable provisions of the Animal Welfare Act and other Federal statutes and
regulations relating to the humane care and use of laboratory animals. Misuse
or abuse of laboratory animals will not be tolerated and should be reported to
the Institutional Animal Care and Use Committee. The HSC offers courses in which laboratory
animals are an integral part of the curriculum. Although students are encouraged
to take advantage of every educational opportunity offered, they are not
required to participate in manipulations involving laboratory animals. In some
cases, alternative exercises may be substituted at the discretion of and in
consultation with the course director.
If a student leaves the HSC through (1)
withdrawal, (2) dismissal, or (3) leave of absence, the following procedure should
be followed:
·
Inform
the Associate Dean of the school who will issue the student an Official
University Student Clearance Form. (The Dean then notifies the Registrar’s
Office that the student is in the process of clearing.)
·
It
is the student’s responsibility to obtain clearance in appropriate areas listed
on the form such as the Library, laboratories, University Police, Student
Financial Aid, Bursar’s Office, etc.
·
If
a student is receiving financial aid or has student financial aid debt, he/she
must schedule an Exit Interview with the Student Financial Aid Office to work
out repayment schedules, etc.
·
See
Financial Aid Process for specific information concerning effects of
withdrawal on financial aid received.
Graduation requirements are published in
the UTHSCSA Catalog.
Candidates for
certificates/degrees are required to complete the following procedures:
Complete and return to the Registrar’s Office the University’s
Application for Degree and Diploma Name form in the semester before
anticipated graduation.
Register in the semester the certificate or degree is tobe conferred.
Attend an Exit Interview session scheduled by the Student
Financial Aid Office for students who have received financial assistance which
must be repaid after graduation.
Invitations to commencement ceremonies
can be ordered through the Bookstore which also makes arrangements for academic regalia for
students and faculty. The student’s
“diploma name” as requested in the Application for Degree and Diploma
Name form is printed on her/his diploma, and information provided by the
student is used in commencement programs.
Class pictures (a composite of individual photos) of graduating classes
in the
According to
law, a person can commit a hazing offense not only by engaging in a hazing
activity, but also by soliciting, directing, encouraging, aiding, or attempting
to aid another in hazing; by intentionally, knowingly, or recklessly allowing
hazing to occur; or by failing to report firsthand knowledge that a hazing
incident is planned or has occurred in writing to the Assistant Vice President
for Student Services. The fact that a person consented to or acquiesced in a
hazing activity is not a defense to prosecution for hazing under this law. The
UTHSCSA Catalog contains the Hazing Policy.
The following radio and television
stations usually carry closing messages from the University:
WOAI
(1200 AM) KTSA (550 AM)
KJ
97FM (97.3 FM) KCYY (100.3 FM)
KTFM
(102.7 FM) KCOR (1350 AM)
KKYX
(680 AM)
KMOL, channel 4 (3 on cable)
KSAT, channel 12 (13 on cable)
KENS, channel 5 (5 on cable)
We always welcome elected or appointed officials to our campus
and any such visit always receives a high priority. Officials in the
President’s Office will be able to assist other offices in matters pertaining
to protocol, publicity guidelines (if applicable), and other details that will
help insure that the visit meets all expectations. It is not the intention to
restrict any such invitation from being extended; rather, it is to facilitate the
details that often surround such an occasion and to insure that important protocol
and procedural matters are considered.
Official Notification Procedure
Official notifications from faculty and administration are
sent to the student’s campus mailbox in most instances. Exceptions are official
communications involving issues of promotion status, dismissal proceedings, or disciplinary
matters. Such correspondence is sent to the local address the student has given
the school and is mailed with a “Return Receipt Requested” notice to the U.S.
Postal Office. (A copy also is sent to the student’s campus mailbox.)
Personal Emergency Notification
During business hours, persons wishing to contact
medical or dental students because of an emergency are directed to call the
appropriate office of the Associate Dean of Student Affairs. Nursing students
may be reached for emergency messages by calling the Nursing Student
Information Office; graduate students by calling the student’s department office;
and allied health students by calling the office of the program in which the
student is enrolled. Office numbers can be found in the UTHSCSA Faculty &
Staff Directory on the Web at: http://adminweb.uthscsa.edu/Directory/
After-hours calls should be made to the University Police (210) 567-2800 who
will contact the appropriate administrator.
Professional Liability Insurance
Students enrolled in one of the programs that involves direct patient care activities will be required to
purchase professional liability insurance at Registration each semester/ year
as a prerequisite to enrollment. This insurance will only cover the
student when he/she is participating in approved programs that are part of
academic training. Premiums vary from program to program, depending upon the
degree of patient contact.
Management is responsible for establishing internal controls and other systems to prevent or detect fraud. Each manager should be familiar with the types of fraud that might occur within her/his area of responsibility and be alert for any indication of fraud. Detected or suspected fraud must be reported immediately to the Director of Internal Audit who is responsible for coordinating all investigations, both internal and external. Scope The conditions of this policy apply to any fraud, or suspected fraud, involving UTHSCSA faculty, staff, students, vendors, or outside agencies doing business with UTHSCSA.
Actions Constituting Fraud As used in this policy, the term “fraud” shall mean any defalcation, misappropriation, and/or other fiscal irregularities that would include but are not limited to: any dishonest or fraudulent act; forgery or alteration of any document or account belonging to the UTHSCSA; forgery or alteration of any check, bank draft, or any other financial document; misappropriation of funds, supplies, or other assets; impropriety in the handling or reporting of money or financial transactions; accepting or seeking anything of material value from vendors or persons providing services/material to the UTHSCSA; destruction or disappearance of records; AND/OR any similar or related irregularity.
Non-Fraud Irregularities It is possible that certain allegations involving fraudulent activities covered by this policy may also involve violations of other University policies, criminal law, or the regulations of various state and federal agencies. When the Director of Internal Audit determines that the allegations relate solely to the violation of other policies, the Director of Internal Audit will refer the matter to the appropriate official with responsibility for other such policies. In cases where the allegations appear to constitute fraud as defined in this policy and violate other regulations, the Director of Internal Audit shall meet with the officials responsible for the other policies and together with management develop a plan for conducting the investigation.
Investigation Responsibilities The Director of Internal Audit has the primary responsibility for the investigation and will issue reports to the appropriate senior management personnel. Decisions to prosecute or turn matters over to appropriate law enforcement and/or regulatory agencies for independent investigation will be made in conjunction with University Police and senior management.
Confidentiality The Director of Internal Audit is receptive to receiving relevant information on a confidential basis from a UTHSCSA faculty member, staff, or student who suspects dishonest or fraudulent activity. That individual should contact the Director of Internal Audit immediately, and should not attempt to personally conduct investigations or interviews/interrogations related to suspected fraud.
Authorization for Investigating Suspected Fraud In those instances in which the Director of Internal Audit believes it to be in the best interests, members of the Internal Audit Office have the authority and duty, after consulting with appropriate management, to: take control of, and/or gain full access to, all UTHSCSA premises, whether owned or rented; AND examine, copy, and/or remove all or any portion of the contents of files, records, desks, cabinets, and other storage facilities on the premises without prior knowledge or consent of any individual who may use or have custody of any such items or facilities. Reporting Procedure Care must be taken in the investigation of suspected fraud so as to avoid mistaken accusations or alerting suspected individuals that an investigation is under way. An employee who discovers or suspects fraudulent activity should contact the Director of Internal Audit immediately. All inquiries from the suspected individual and her or his attorney or representative should be directed to the Director of Internal Audit. The reporting employee must adhere to the following restrictions: Do not contact the suspected individual in an effort to determine facts or demand restitution. Do not discuss the case, facts, suspicions, or allegations with anyone outside unless specifically asked to do so by the Director of Internal Audit or other authorized University officials. Do not discuss the case with anyone inside other than the Internal Audit Office or other authorized University officials who have a legitimate need to know.
Administration The Director of Internal Audit is
responsible for the administration, interpretation, and application of this
policy.
UTHSCSA Sexual Harassment Policy
Any employee, student, or resident who feels he or she
has been subjected to sexual harassment has the option of utilizing either the
formal or the informal process described in this policy. Informal Process The
following persons or offices have been designated as resources to whom
individuals who believe they may have been subjected to sexual harassment may
seek informal guidance and counseling:
For students: Associate Dean for Student Affairs
of each school Director, Equal Employment Opportunity/Affirmative Action Office
Counseling Service, Office of Student Services
For residents: Assistant Dean for Graduate Medical Education Associate Dean for Student Affairs (Associate Dean) Director, Equal Employment Opportunity/Affirmative Action Office
For employees: Director, Department of Human
Resources Assistant Director, Department of Human Resources Director, Equal
Employment Opportunity/Affirmative Action Office
Each of the persons listed will be available to provide guidance
in the following areas:
1. Help the
complainant to understand the definition of sexual harassment and determine if
the alleged conduct would, if true, constitute sexual harassment.
2. Explain
to the complainant how to file a formal charge, the process which would be
followed in the investigation and resolution of the charge, and provide
guidance and counseling, as requested by the complainant, during the
investigation process.
3. Provide
guidance and counseling on possible ways to solve the problem if the
complainant does not wish to file a formal charge.
Any individual who feels he or she has been the victim
of sexual harassment may file a formal complaint which will be investigated in
accordance with the following procedure. Although any investigation may begin
on the basis of an oral complaint, the complainant is strongly encouraged to
file the complaint in writing and provide a description of the facts upon which
the complaint is based.
Students: If a student wishes to make a formal
charge of sexual harassment, such charge should be filed with the Associate Dean
as appropriate for each school. The Associate Dean shall then meet with the
Director, Equal Employment Opportunity/Affirmative Action Office to discuss the
matter and then determine how and by whom the investigation should be
conducted. If the accused is an employee, the investigation should be conducted
by the head of the employee’s department. If the accused is a student, the investigation
should be conducted by the Associate Dean. If the accused is neither a Health
Science Center employee nor student (e.g., a patient or employee of an
affiliated hospital) the Associate Dean and the Director, Equal Employment Opportunity/Affirmative
Action Office, shall determine an appropriate course of action. If for any
reason the Associate Dean and the Director, Equal Employment
Opportunity/Affirmative Action Office determine that
the person assigned responsibility to conduct the investigation should not
conduct such investigation, the Dean shall appoint an alternate investigator.
Residents: If a resident wishes to make a formal
charge of sexual harassment, such charge should be filed with the Assistant Dean
for Graduate Medical Education or the Associate Dean for Student Affairs
(Associate Dean). The Assistant Dean shall then meet with the Director, Equal
Employment Opportunity/Affirmative Action Office to discuss the matter and then
determine how and by whom the investigation should be conducted.
If the accused is an employee, the investigation should
normally be conducted by the head of the employee’s department. If the accused
is a resident, the investigation should normally be conducted by the Assistant
Dean.
If the accused is neither a Health Science Center
employee nor a resident (e.g., a patient or employee of an affiliated hospital)
the Assistant Dean and the Director, Equal Employment Opportunity/Affirmative Action
Office, shall determine an appropriate course of action.
If for any reason the Assistant Dean and the Director, Equal
Employment Opportunity/Affirmative Action Office determine
that the person assigned responsibility to conduct the investigation should not
conduct such investigation, the Dean shall appoint an alternate investigator.
Employees: If the complainant and the accused are
both employees of the same department, the complaint should be filed with the
department head, who shall conduct an investigation.
If the complaint in any way involves the department head
or the alleged failure of the department head to take the appropriate actions
to remedy a problem, the complaint may be filed with the appropriate dean or
vice president. In such cases, the dean or vice president may conduct the investigation
or appoint a person to conduct the investigation and report to the dean or vice
president. The Director, Equal Employment
If the complainant and the respondent are from two
separate departments, the charge shall be filed with the Director, Equal
Employment Opportunity/Affirmative Action Office, who shall discuss the charge
with the department heads, dean(s), and/or vice president(s) responsible for
the departments involved and a decision should be made as to who will be
responsible for conducting the investigation.
Conduct of the Investigation
1. The
investigator should first meet with the complainant to determine the charge and
to explain the investigation process. If the charge is not in writing, the investigator
should prepare a statement of what he or she understands the charge to be and
obtain verification of the charge from the complainant.
2. The
investigator should interview the accused and other witnesses. It is an
obligation of all HSC personnel to cooperate with the investigator.
3. All
investigations will be conducted in a timely manner. At the conclusion of the
investigation, a written report will be prepared detailing the charge, the investigation
process, and the results of the investigation. All reports must be reviewed by
the Director, Equal Employment Opportunity/Affirmative Action Office. If the
report indicates the need to take action, the report will be referred to the
person responsible for taking such action. The Director, Equal Employment
4. The
appropriate department head(s), dean(s), or vice president(s) shall be
responsible for ensuring that no retaliation is made against the complainant as
a result of the charge.
5. Any
disciplinary action against HSC personnel shall be in accordance with
applicable HSC policies. Confidentiality The Health Science Center will, to the
extent possible, maintain the confidentiality of information received as a result
of the charge and investigation. Resources for Persons Affected by Sexual
Assault The University’s Sexual Assault Policy is
printed in the UTHSCSA Catalog. Several educational and prevention programs
and support services address the issue of sexual assault.
Phone numbers are
provided for additional information.
UTHSCSA Counseling Service
.................... 567-2648 (individual
counseling for all students affected by sexual assault issues addressed in
“Gender Relations” workshop referral to other resources workshops on any
related topic as requested workshops on date rape, assault)
UTHSCSA Student Health Service
.............. 567-2500 (individual
counseling referral to other resources educational programs)
UTHSCSA Police Department
.................... 567-2800
Emergency Number.................................... 911 (crime prevention
presentations which include issues related to assault safety escort service —
on request during evening hours; 567-2800 - crime statistics information referral
to campus and off-campus services)
A student government association (including
classes/class officers) has the right to prepare and distribute newsletters, bulletins,
and other forms of publications provided that when taking a position on an
issue, the publication shall make clear that it does not speak for the
institution. Anonymous publications are prohibited by the Rules and Regulations
of the Board of Regents. UPDATE is a newsletter for students produced by
the Office of Student Services. UPDATE is generally published monthly,
September–May (Web site: http:// studentservices.uthscsa.edu/Publications/publication.html).
This Student Guide, the UTHSCSA Catalog, and Applicant Viewbooks
for all five schools are Official Student Publications of UTHSCSA. Official
student publications, published by the Office of Educational Resources,
567-2250, can be viewed online at:
http://oerweb.uthscsa.edu/studentpubs/publicat.html
Student Role in University Decision
Making.
Much of the University decision making is accomplished through
the work and recommendations of committees made up of faculty, students, and
staff. Students are appointed to University committees which deal with issues that
directly affect students. In addition, many school committees have student
representatives. Students are appointed to HSC committees upon the
recommendation of the Assistant Vice President for Student Services. Those
interested in serving on committees make contact with the Associate Dean for
Student Affairs of the student’s school. The Assistant Vice President for
Student Services shall solicit interested students from all Associate Deans of
Student Affairs, and submit committee choices to the President, who then makes
committee appointments. The committees’ charges and numbers of students
appointed to the committees appears in the Office of
Student Services section of this Student Guide. Sexual Assault Crisis
and Resource Center...521-7273 rape crisis support group adults molested as
children group teenage survivors of sexual assault or abuse group sexual
harassment support group male survivors of sexual abuse/assault group referral
services Brochures, pamphlets, and other printed material are available from
the various campus resources.
One mission of the HSC is to promote public health. For this
reason, the entire campus is smoke free.
Software piracy is a very serious issue. The following
standards apply at UTHSCSA:
1. All software
should be used only in accordance with the applicable software license
agreements.
2. No faculty, staff, or student should make any
unauthorized copies of any software under any circumstances.
3. The use of
unauthorized copies of software on any University-owned equipment will not be
tolerated. If you are aware of any software misuse or infringement of copyright
laws, notify the head of your department or the Office of Internal Audit
immediately. It is not right to illegally copy software or to use illegal software.
In addition to possible legal action by the holder of software copyrights, any
faculty, staff, and/or student engaging in software piracy will be subject to
University discipline up to and including termination. Details of the UT System
and University policies regarding copyrighted materials may be found in the Handbook
of Operating Procedures. For additional information, check the UT System’s
Office of General Counsel home page at http:// www.utsystem.edu/OGC/Intellectual
Property/mono2.htm.
The University is not responsible for debts contracted
by individual students or student organizations and will not be involved in
collection efforts or in arbitrating disputes between students and creditors.
Both individual students and organizations are expected to discharge
contractual obligations.
Tuition and Fees Tuition and fees are due and payable at
Registration. Arrangements can be made to pay tuition and REQUIRED fees in as
many as four installments, with the first installment due at Registration.* HELP
Loan recipients must use their disbursement check to pay the balance owed on
total tuition, fees, or any other University debt.
Penalties for failing to make installments on time
include (a) being barred from class until payment is made, (b) withholding of
credit if payment is not made by the end of the semester, with the University
adjusting its records to reflect the student’s failure to have properly
enrolled, © bar against readmission and withholding of grades, degree, and
official transcript, and/or (d) other remedies authorized by law. A fee of $15
is assessed for handling installment payments of tuition and fees, and a $10
late fee is assessed for each late payment. A $25 late registration fee is
assessed students who register after the close of official Registration.
Students Serving on Committees.
The President of the
Computing Resources Committee 1 Student 20 Faculty/Staff
Charge: To work with and assist the Director of Computing Resources in
making recommendations to the President regarding Computing Resources practices
and procedures. To review and advise in the development of management
priorities in the areas that impact on academic efficiency and effectiveness to
ensure that the services provided by Computing Resources reflect the needs and
interests of the academic community.
Educational Resources and Instrumentation Advisory
Committee 5 Students* 17 Faculty/Staff Charge: To work with and
advise the Executive Director of Educational Resources in developing programs
which benefit the education, research, and administrative goals of the campus.
To periodically review the policies and services of the Office of Educational
Resources to ensure that these policies and services reflect the needs and
interests of the academic community.
Infection Policy & Education Committee 1
Student 12 Faculty/Staff Charge: To foster in all students, faculty, and
staff a heightened awareness of risks, prevention, and treatment of illness caused
by exposure to transmissible agents in the workplace and outside the
International Affairs Committee 1 Student 5 Faculty/Staff Charge:
To help in the dissemination and acquisition of information in the health
sciences on an international level. To develop, promote and coordinate (where
requested) support, and to encourage contact between this
Library Committee 5 Students* 12 Faculty/Staff Charge:
To work with and assist the Director of the Library in making
recommendations to the President regarding the Library practices and
procedures. To review and advise in the development of management priorities in
the areas that impact on academic efficiency and effectiveness to ensure that
the services provided by the Library reflect the needs and interests of the
academic community.
Parking and Traffic Safety Committee 10 Students
15 Faculty/Staff Charge: To recommend rules and regulations for traffic safety
and parking and to serve as an avenue of appeal in cases of dispute and
exception.
Recreational Facilities Committee 5 Students* 14
Faculty/Staff Charge: To recommend policies regarding the use of the recreational
facilities as to eligible participants, the kinds of activities allowed, the
times of operation, and fees charged; to recommend fund-raising activities in
association and cooperation with the Development Board of the Health Science
Center; to recommend long-range plans and priorities for growth and expansion
of the recreational facilities; and to periodically evaluate the facilities and
equipment.
Ad Hoc-Arts and Exhibitions Committee 1 Student
10 Faculty/Staff Charge: To select and recommend art exhibits for
exhibitions in the
Student Health Advisory Committee 10 Students**
18 Faculty/Staff Charge: To evaluate the health needs of the student body and
to recommend to the President and the Assistant Vice President for Student
Services policies, procedures, and programs necessary to serve those health
needs.
UT System Student Advisory Group 3 Students
(Third year only) 2 Faculty Charge: To improve communications between
the Board of Regents and their constituencies. The University of Texas Health Science Center at
Policy and procedural steps to protect
both the rights and well-being of those students who may be infected with HIV.
In recognition of human immunodeficiency virus (HIV) as
a serious public health threat, UTHSCSA has adopted a policy and procedural
steps to protect both the rights and well-being of those students who may be
infected with HIV as well as to prevent the spread of HIV infection. No
individual with HIV infection will be discriminated against in employment,
admission to academic programs, health benefits, or access to facilities.
Students with HIV infection may attend all classes without restriction as long as
they are physically and mentally able to participate and perform assigned work
and pose no health risks to others. Any modification of the clinical training,
working conditions, or privileges of HIV-infected students, faculty, staff, or
employees will be determined on a case-by-case basis, taking into account the
nature of the clinical activity, the technical expertise of the infected person
and the risks posed by HIV-infection, attendant functional disabilities, and
the transmissibility of simultaneously carried infectious agents. The
confidentiality of all information regarding the medical status of UTHSCSA
faculty, staff, and students will be maintained in accordance with applicable statutes.
A complete copy of the UTHSCSA Policy and Guidelines on AIDS, HIV
Infection, and Hepatitis B Virus follows. This policy is applicable to all
students of UTHSCSA as they pursue their academic (and clinical) endeavors.
Several informational brochures on AIDS are available in Student Services. The
following faculty are available to officially interact with students identified
as HIV positive:
I. Statement of Purpose
The acquired immune deficiency syndrome (AIDS) has
reached epidemic proportions since the first reported cases in 1981. AIDS and
human immunodeficiency virus (HIV)-related disorders have presented the health
care professions with numerous issues of an ethical and moral nature related to
the care and treatment of patients infected with HIV. No cure for AIDS exists,
nor has a vaccine been developed to prevent HIV infection. Because of these circumstances,
fear, prejudice, and misinformation about the disease have not only developed
among the population at large, but also within the health professions. It is
well recognized that AIDS patients and HIV-infected individuals are entitled to
competent medical care that reflects compassion and respect for human dignity
as well as concern for safeguarding individual confidences within the constraints
of the law. One of the objectives of this
II. Admission of Health Professions Students
with AIDS or HIV Infection; Hiring Employees with AIDS or HIV Infection.
The Health Science Center shall not inquire about the
HIV status of any applicant for admission to or employment at the Health
Science Center unless it has been determined that the condition of being infected
is grounds for denial of admission or HIVinfected applicant
can only be denied on the basis of such infection if the institution concluded,
on the basis of sound medical and scientific evidence, that the applicant’s
infected status would prevent her or him from completing essential degree
requirements or essential duties of employment and that no reasonable accommodation
could be made that would enable the applicant to do so.
III. Screening for HIV-1 Infection.
The
IV. Management of Students,
Faculty, Staff, and Employees of the
The
V. Confidentiality and HIV-Infection.
It is expected that all students, faculty, staff, and employees
will be bound to the principle of strict confidentiality in all patient and
healthcare related activities. As stated in Policies III and IV, the
VI. Student, Faculty, and Health Care Staff
Interaction with Patients with AIDS or HIV-Infection.
Entry into the health care professions is a privilege offered
to those who are prepared for a lifetime of service to the ill. Students,
faculty, and health care staff have a fundamental responsibility to provide care
to all patients assigned to them, regardless of diagnosis. A failure to accept
this responsibility violates a basic tenet of the medical profession—to place the
patient’s interests and welfare first. Individuals who feel that their
activities within the Health Science Center pose a special risk to their health
because of exposure to HIV-infected patients, working conditions presenting a
risk of exposure to HIV organisms, or the presence of HIV infection in the
individual herself or himself, should seek the assistance of their immediate
supervisor. The
VII. Education of Students, Faculty, and
Employees of the
As stated in Policy IV, the
a. Have a
basic understanding of AIDS as a viral disease and its natural history.
b. Recognize
how the virus is transmitted and contacts that do not transmit the virus.
c. Recognize
the symptoms of AIDS and the degrees/ stages of the illness.
d. Identify
precautions one must take in one’s own area of practice or work regarding the
AIDS virus.
e. Recognize the personal and psychosocial
impact of the disease on patients, families, friends, and caregivers.
f. Familiarize oneself with institutional
policies about AIDS wherever working (Universal Precautions).
g. Recognize
one’s own role in alleviation of anxiety and misinformation.
h. Be aware of local policies regarding testing and referral information.
i. Identify legal and ethical issues that impact AIDS patients
and caregivers.
The
1. General.
The
a. Infected
Health Care Workers who adhere to universal precautions and who do not perform invasive
procedures pose no risk for transmitting HIV or HBV to patients.
b. Infected
Health Care Workers who adhere to universal precautions and who perform certain
exposure-prone procedures may pose a small risk for transmitting HBV to
patients.
c. HIV is
transmitted much less readily than HBV. There are 20 published studies that
indicate a total of more than 300 patients who were infected with HBV in
association with treatment by an HBV-infected Health Care Worker. These studies
concluded that a combination of risk factors accounted for transmission of HBV
from Health Care Workers to patients. Of the Health Care Workers whose
Hepatitis Be antigen (HBeAg) status was determined,
all were HBeAg positive. The presence of HBeAg in blood serum is associated with higher levels of
circulating virus and therefore with greater infectivity of Hepatitis- B
positive individuals; the risk of HBV transmission to Health Care Workers after
a percutaneous (i.e., puncture through the skin)
exposure to HBeAgpositive blood is approximately 30%.
The risk of HIV transmission to a Health Care Worker after percutaneous
exposure to HIVinfected blood is considerably lower
than the risk of HBV transmission after percutaneous exposure
to HBeAg-positive blood (0.3% versus approximately
30%). Thus, the risk of transmission of HIV from an infected Health Care Worker
to a patient during an invasive procedure is likely to be proportionately lower
than the risk of HBV transmission from an HBeAgpositive
Health Care Worker to a patient during the same procedure. Unlike HBV
infection, however, there is currently no readily available laboratory test for
increased HIV infectivity. Investigation of incidents of HIV infections among patients
in the practice of one dentist with acquired immunodeficiency syndrome (AIDS)
strongly suggested that HIV was transmitted to five of the approximately 850
patients evaluated through June 1991. The investigation indicates that HIV
transmission occurred during dental care, although the precise mechanisms of
transmission have not been determined. In two other studies, when patients who
had been treated by a general surgeon and surgical resident who had AIDS were
tested, all patients tested were negative for HIV infection. In another study, patients
treated by a dental student with HIV infection and who were later tested were
all negative for HIV infection. Another investigation of patients whose surgical
procedures had been performed by a general surgeon within seven years before
the surgeon was diagnosed as having AIDS failed to document transmission of HIV
from the surgeon to the patients.
2. Purpose, Scope, and Definitions.
The purpose of this policy is to provide guidance for The
U.T. System and its component institutions in complying with statutes
concerning acquired immune deficiency syndrome, human immunodeficiency virus, and
Hepatitis B virus. In addition, the medical, educational, legal,
administrative, and ethical issues related to specific situations involving persons
with HIV or HBV infections in the following areas are addressed:
(a) Administrative
policies;
(b) Residence
life;
(c) Health
education;
(d) Testing
for HIV or HBV infection; 52 UTHSCSA Student Guide 2001–2003
(e) Confidentiality
of information related to persons with AIDS, HIV, or HBV infection;
(f) Patient
care. 2.02
This policy is applicable to students, faculty, and
employees of The UT System and its component institutions and shall be made
available to students, faculty, and staff members of each component institution
by its inclusion in the student, faculty, and personnel guides if practicable,
or by any other method.
2.03 Definitions:
(a) Invasive
Procedure: Surgical entry into tissues, cavities, or organs; repair of
major traumatic injuries; cardiac catheterization and angiographic procedures;
a vaginal or cesarean delivery or other invasive obstetric procedure during
which bleeding may occur; or the manipulation, cutting, or removal of any oral
or perioral tissues, including tooth structure,
during which bleeding occurs or the potential for bleeding exists.
(b) Exposure-Prone
Procedure: A procedure involving the contact of a Health Care Worker’s
finger with a needle tip in a body cavity or the simultaneous presence of the
Health Care Worker’s fingers and a needle or other sharp instrument or object
in a poorly visualized or highly confined area of the body. Such procedures
pose a recognized risk of injury to the Health Care Worker that is likely to
result in the Health Care Worker’s blood contacting the patient’s body cavity,
subcutaneous tissues, or mucous membranes.
(c) Health
Care Worker: A person who provides direct patient health care services
pursuant to authorization of a license, certificate, or registration, or in the
course of a training or education program.
(d) Institutional
Committee: A task force or institution- wide committee appointed by The UT
System component institution to oversee the development and implementation of
educational programs related to HIV and HBV, and to advise the administration
on policies regarding HIV and HBV. It is suggested that the Committee include,
as a minimum, representation from the faculty, the student body, and
administrative areas such as housing services, health services, counseling
services, and food services.
(e) Component
Expert Review Panel: A panel appointed by the Chief Administrative Officer of
the component institution to review instances of HIV or HBV infection in Health
Care Workers and to identify exposure-procedures and to determine those circumstances,
if any, under which a Health Care Worker who is infected with HIV or is HBeAg positive may perform such procedures. The panel should
be composed of experts who provide a balanced perspective and might include: (1)
Health Care Worker’s personal physician(s); (2) an infectious disease
specialist with expertise in the epidemiology of HIV and HBV transmission; (3) a
health professional with expertise in the procedures performed by the affected
Health Care Worker; (4) a member of the component institution’s infection-control
committee, preferably a hospital epidemiologist; and (5) an occupational health
specialist.
(f) System
Review Panel: A panel responsible for reviewing the actions of each
Component Expert Review Panel to assure uniform and consistent compliance with
these guidelines and applicable statutes and regulations. The panel shall be
composed of an expert in blood-borne infections (including HIV and HBV) from
each health component institution appointed by the Chief Administrative Officer
and representatives from The UT System Office of Health Affairs, Office of
Academic Affairs, and Office of General Counsel.
(g) HBeAg: That portion of the Hepatitis B virus, whose
presence in the blood of a person correlates with higher levels of circulating
virus and therefore with greater infectivity of that person’s blood; the
presence of HBeAg in blood can be detected by
appropriate testing.
3. General
Policies
3.01 Admissions
to Schools — The existence of HIV or HBV infection should not be considered
in admissions decisions unless current scientific information indicates
required academic activities will likely expose others to risk of transmission.
3.02 Residential
Housing — Residential housing staff will not exclude HIV-infected or
HBV-infected students from University housing and will not inform other students
that a person with HIV or HBV infection lives in University housing.
3.03 Employment
— The existence of HIV or HBV infection will not be used to determine
suitability for employment by any UT component institution or UT System
Administration unless the position requires performance of exposure-prone
procedures as identified by the Component Expert Review Panel.
3.04 Class
Attendance — A student with HIV or HBV infection
should be allowed to attend all classes without restrictions, as long as the
student is physically and mentally able to participate, perform assigned work,
and poses no health risk to others.
3.05 Health
Care Workers and Students Assigned to Work Within Clinical Settings (Health
Care Workers) — Current information from investigations of HIV and HBV
transmission from Health Care Workers to patients indicates that when Health
Care Workers adhere to recommended infection-control procedures the risk Policies,
Procedures, Responsibilities, and Requirements 53 of transmitting HBV from an
infected Health Care Worker to a patient is small, and the risk of transmitting
HIV is likely to be even smaller; however, the likelihood of exposure of the
patient to a Health Care Worker’s blood is greater for certain invasive
procedures designated as exposure-prone. Performance of exposure-prone
procedures presents a recognized risk of percutaneous
injury to the Health Care Worker, and— if such an injury occurs—the Health Care
Worker’s blood is likely to contact the patient’s body cavity, subcutaneous
tissues, and/or mucous membranes.
To minimize the risk of HIV or HBV transmission from an
infected Health Care Worker to a patient, the following measures will be followed:
(a) All Health Care Workers must adhere to
universal infection control precautions, including the appropriate use of hand
washing, protective barriers, and care in the use and disposal of needles and
other sharp instruments. Health Care Workers who have exudative
(oozing) lesions or weeping dermatitis (oozing inflammation of the skin) must
refrain from all direct patient care and from handling patient-care equipment
and devices used in performing invasive procedures until the condition resolves.
Health Care Workers will also comply with current guidelines for disinfection
and sterilization of reusable devices used in the invasive procedures. All
component institutions that provide health care shall establish procedures for
monitoring compliance with universal precautions.
(b) Currently available data provide no
basis for recommendations to restrict the practice of Health Care Workers
infected with HIV or HBV who perform invasive procedures not identified as
exposure-prone, provided the infected Health Care Workers practice recommended
surgical or dental technique and comply with universal infection for
sterilization/disinfection.
(c) Exposure-prone procedures will be
identified at each component institution by the Component Expert Review Panel.
(d) Health Care Workers who perform exposureprone procedures should know their HIV and HBV
status. Those infected with HBV also should know their HBeAg
status.
(e) All Health Care Workers providing direct
patient care should have a complete series of Hepatitis B vaccine prior to the
start of direct patient care or complete the series as rapidly as is medically
feasible, or should be able to show serologic confirmation of immunity to
Hepatitis B virus.
(f) A Health Care Worker who is infected
with HIV or HBV (and is HBeAg positive) may not
perform or engage in activities that might require her or him to perform
exposure-prone procedures unless the Component Expert Review Panel has
counseled the Health Care Worker and has prescribed the circumstances under which
such procedures may be performed. Continued performance of such procedures must
include notifying a prospective patient or person legally authorized to consent
for an incompetent patient that the Health Care Worker is infected with HIV or
HBV and obtaining consent to perform a procedure before the patient undergoes
an exposure-prone procedure. Such notification is not required in a medical
emergency when there is insufficient time to locate another Health Care Worker
to perform the exposure- prone procedure and to obtain consent without endangering
the patient’s health. A Health Care Worker infected with HIV or HBV who
performs invasive, but not exposureprone
procedures as identified by the Component Expert Review Panel shall not have
his or her practice restricted solely on the basis of HIV or HBV
infection provided he or she adheres to the universal precautions for infection
control. The actions and recommendations of the Component Expert Review Panel
shall be reported to the Chief Administrative Officer and to the appropriate Executive
Vice Chancellor and shall be presented to the System Review Panel. Academic
institutions without the human resources to establish Component Expert Review Panels
may seek assistance from UT System Administration or a UT health component.
(g) To permit the continued use of the talents, knowledge, and skills of a Health Care Worker whose practice is modified due to infection with HIV or HBV, the worker should: (1) be offered opportunities to continue appropriate patient care activities, if practicable; (2) receive career counseling and job retraining; or (3) to the extent reasonable and practicable, be counseled to enter an alternative curriculum, if the Health Care Worker is a student.
(h) A Health Care Worker whose practice is modified because of HBV infection may request periodic redetermination by the Component Expert Review Panel based upon change in the worker’s HBeAg status due to resolution of infection or an a result of treatment.
(i) All health
Care Workers should be advised that failure to comply with Section 3.05 will subject
them to disciplinary procedures by their licensing entities, as well as by the
component institution.
3.06 Access To
Facilities — A person with HIV or HBV infection should not be denied access
to any U.T. facility
because of HIV or HBV infection.
3.07 Testing
for HIV and HBV Infection
(a) Mandatory
Testing — No programs for mandatory HIV or HBV testing of employees, students, or
patients will be undertaken without their consent unless authorized or required
by law, court order, or as specified in this Subsection 3.07(a) or Subsection
3.07(g).
A patient may be required to undergo HIV testing if the
patient is scheduled for a medical procedure that the Texas Board of Health has
determined may expose health care personnel to AIDS or HIV infection if there
is sufficient time to receive the test results before the procedure is
conducted. A person may be required to undergo HIV testing to screen blood,
blood products, body fluids, organs, or tissues to determine suitability for
donation.
(b) Voluntary
Testing for HIV and Counseling — Component health institutions and student health
centers should offer or refer students, faculty, and staff members for
confidential or anonymous HIV counseling and testing services. All testing
conducted by a component institution will include counseling before and after
the test. Unless required by law, test results should be revealed to the person
tested only when the opportunity is provided for immediate, individual, face-to-face
counseling about: (1) the meaning of the test result; (2) the possible need for
additional testing; (3) measures to prevent the transmission of HIV; (4) the
availability of appropriate health care services, including mental health care,
and appropriate social and support services in the geographic area of the
person’s residence; (5) the benefits of partner notification; and (6) the
availability of partner notification programs. If a person with a positive HIV
test result requests that her/his partner(s) be made aware of the possibility
of exposure through a partner notification program, the post-test counselor
will have the HIV-infected person sign a statement requesting assistance of a
partner notification program. This statement will be made a permanent part of
the person’s medical record. A representative of the health institution or
student health center will then request the local health department to contact
the partner(s) identified by the HIV-infected person.
(c) Informed
Consent for HIV Testing — (1) Unless otherwise
authorized or required by law, no HIV test should be performed without informed
consent of the person to be tested. (2) Consent will be written on a separate
form, or the medical record will document that the test has been explained and
consent has been obtained. The consent form will state that post-test
counseling will be offered or the medical record will note that the patient has
been informed that post-test counseling will be offered.
(d) Reporting
of Test Results — HIV and HBV test results will be reported in compliance with
all applicable statutory requirements, including the Communicable Disease
Prevention and Control Act,
(e) Conditions
of HIV Testing of Employees at Institution’s Expense — Employees will be
informed that they may request HIV testing and counseling at the institution’s
expense, if: (1) The employee documents possible exposure to HIV while
performing duties of employment; and (2) The employee was exposed to HIV in a manner
that is capable of transmitting the infection as determined by guidelines
developed in accordance with statements of the Texas Department of Health (TDH)
and Centers for Disease Control (CDC).
(f) Qualifying
for Workers’ Compensation Benefits State law requires that an employee who bases
a workers’ compensation claim on a workrelated exposure
to HIV must provide a written statement of the date and circumstances of the exposure
and document that within ten (10) days after the exposure, the employee had a
test result that indicated absence of HIV infection. An employee who may have
been exposed to HIV while performing duties of employment may not be required
to be tested, but refusal to be tested may jeopardize Workers’ Compensation benefits.
(g) Testing Following Potential Exposure to HIV or HBV — Each component
institution should develop guidelines and protocols for employees and students
who have been exposed to material that has a potential for transmitting HIV or HBV
as a result of employment or educational assignments. Testing of employees or
students exposed to such material should be done within ten (10) days after
exposure and should be repeated after one (1) month. Testing for HIV also
should be done after three (3) and six (6) months. These guidelines should
follow
3.08 Confidentiality
of Records — Except where release is required or
authorized by law, information concerning the HIV status of students,
employees, or patients and any portion of a medical record will be kept confidential
and will not be released without written consent. HIV status in personnel files
and Workers’ Compensation files is to remain confidential and have the
confidentiality status of medical records.
3.09 Education
and Safety Precautions for Health Care Workers — Each component
institution shall develop guidelines for Health Care Workers and students in the
health professions concerning prevention of transmission of HIV and HBV and
concerning Health Care Workers who have HIV and HBV infection. All Health Care
Workers shall be provided instruction on universal infection control
precautions. Each Health Care Worker who is involved in direct patient care
should complete an educational course about HIV and HBV infection based on the
model education program and workplace guidelines developed by the TDH and the
guidelines of this policy.
3.10 Education
(a) General Employee Educational Pamphlet — Component
institutions should provide each employee an educational pamphlet about methods
of transmission and prevention of HIV infection. The pamphlet will be the TDH educational
pamphlet or a pamphlet based on the model developed by the TDH. The pamphlet should
be provided to new employees on the first day of employment and to all employees
annually.
(b) Information
On Prevention Provided To Students — (1) Each
component institution should routinely offer students programs based on the
model HIV education and prevention program developed by the TDH and tailored to
the students’ cultural, educational, language, and developmental needs. (2) Each
student health center should provide information on prevention of HIV infection
including: (a) the value of abstinence and long-term mutual monogamy, (b) information
on the efficacy and use of condoms, and (c) state laws relating to the
transmission of HIV and to conduct that may result in such transmission. (3) The
employee educational pamphlet will be available to students on request. (c) Guidelines For Laboratory Courses —
Component institutions that offer laboratory courses requiring exposure to
material that has potential for transmitting HIV or HBV should adopt safety guidelines
for handling such material and distribute these guidelines to students and
staff prior to their coming in contact with such material. (d) Education Of Students Entering Health
Professions Those component institutions offering medical, dental, nursing,
allied health, counseling, and social work degree programs should include within
the program curricula information about: (1) methods
of transmission and methods of prevention of HIV and HBV infection, including universal
infection control precautions; (2) federal
and state laws, rules, and regulations concerning HIV infection and AIDS; and (3) the physical, emotional and psychological stress
associated with the care of patients with terminal illnesses.
3.11 Unemployment
Compensation Benefits — Each component institution will inform employees via
employee and faculty guidelines or other appropriate methods that state law
provides that an individual will be disqualified for unemployment compensation
benefits: (a) if the Texas Employment Commission (TEC) finds that the employee
left work voluntarily rather than provide services included within the course
and scope of employment to an individual infected with a communicable disease, including
HIV. This disqualification applies if the employer provided facilities,
equipment, training, and supplies necessary to take reasonable precautions
against infection; or (b) if the TEC finds that the employee has been discharged
from employment based on a refusal to provide services included within the
course and scope of employment to an individual infected with a communicable
disease, including HIV. This disqualification applies if the employer provided
facilities, equipment, training, and supplies necessary to take reasonable
precautions against infection.
3.12 Health
Benefits — No student or employees will be denied benefits or provided
reduced benefits under a health plan offered through The UT System on the basis
of a positive HIV test result.
The following procedures apply to students who have had significant
contact from a contaminated needle or who have had contamination to an open
wound or mucous membrane. These procedures apply whether or not the contamination
was received on-site or off-site.
1. Significant Contact from:
a. contaminated needle with puncture of skin surface
b. any wound secondary to a contaminated object
c. contamination of any open
wound or mucous membrane by saliva, blood or any body fluid.
2. Insignificant Contact: exposure of unbroken skin by blood
or saliva or other body fluids.
3. Procedure:
a. Cleanse wound thoroughly with soap and water, or
appropriate substance for tissue cleaning.
b. Report incident to appropriate person for
documentation. Complete the appropriate institutional incident report. Send a
copy of the incident report to the Student Health Service.
c. Obtain patient’s (source of exposure) permission for
blood sample to be drawn for Hepatitis B Surface Antigen (HBsAg),
Hepatitis C Antibody (Anti-HCV), and Antibody to Human Immunodeficiency virus
(Anti-HIV). Sample should be submitted to lab using appropriate paperwork and
usual process for the facility (e.g., at
d. The student should have her/his blood drawn at the
e. The primary purpose of the initial visit is to document
the incident and offer prophylactic therapy for HIV exposure. The remaining
steps of this procedure (counseling, blood collection for serologic testing,
and Hepatitis B and Hepatitis C prophylaxis) may be done either during this
initial visit or during the follow-up visit in the Student Health Service.
f. For exposures that occur off-campus and the off-campus
facility will not cover the cost of this testing, the student has the option of
either paying for the testing herself/himself or returning to the Student
Health Service within 72 hours of exposure for the testing. A student with an
exposure incident should be informed about the risk for HIV infection by the physician
attending her/him during the initial visit. The student should be offered HIV
prophylaxis. Prophylaxis should begin within approximately two hours after the
incident. The student will be informed about the possible adverse reactions to therapy.
The care provider will then schedule follow-up clinical evaluations and blood
tests.
g. If the source is Anti-HIV negative, further follow up
is at the discretion of the student and the student’s physician. If the patient
to whom the student was exposed is shown to be Anti-HIV positive, repeat student
testing at 6 weeks, 3, 6, 9, and 12 months from initial exposure is
recommended.
h. Any student who seroconverts
her/his Anti-HIV or HBsAg will be referred by the
Clinical Director of the Student Health Service for appropriate follow-up care.
i. If the patient to whom the
student was exposed is shown to be HBsAg negative, no
further Hepatitis B testing or therapy is needed. If the patient to whom the
student was exposed is shown to be HBsAg positive but
the student is also HBsAg positive or the student is
Anti-HBs positive (either from prior disease or as a
result of a Hepatitis B vaccination series), no further Hepatitis B testing or
therapy is needed. If the patient to whom the student was exposed is shown to
be HBsAg positive and the student is both HBsAg negative and Anti-HBs
negative, the student should receive one dose of Hepatitis B Immune Globulin
(.06 ml/kg intramuscularly) as soon as possible within 72 hours after exposure,
and begin a Hepatitis B vaccination series within seven days. If the student
has already received Hepatitis B vaccination but has a negative Anti- HBs test result, the student should receive HBIG and one
dose of Hepatitis B vaccine.
j. In accidental exposure to blood from a patient with
Hepatitis C, Immune Globulin (0.06 ml/ kg) may be useful in preventing HCV
infection, but results of studies evaluating prophylactic efficacy have been
equivocal. The student should have follow-up Hepatitis C serology at 6 weeks, 3
months, 6 months, and 1 year.
k. Prophylaxis has been utilized by needlestick
recipients in an attempt to decrease their risk of development of HIV
infection. Before the student utilizes this form of therapy, several points should
be considered: 1. This risk of transmission of HIV per
episode of percutaneous exposure to HIV-infected blood
is, on the average, approximately 0.4%. 2. Anti-HIV seroconversion
in a needlestick recipient has been documented
despite use of prophylaxis. 3. Drugs used for HIV prophylaxis are expensive. This
cost is the responsibility of the student.
l. If the student voluntarily elects to seek independent
evaluation for any incidence related to a needlestick
outside the confines of the Student Health Service, these costs will be the
responsibility of the student. Guidelines for Needlestick and Body-Fluid Exposures for UTHSCSA Students It
is recommended that you receive treatment within 2 hours of a needlestick or body-fluid exposure. You are encouraged to seek
counseling at the Student Health Clinic so that your degree of exposure can be
assessed and to assure appropriate data is collected on the source patient.
With this necessary counseling, you will be in a better position to manage both
your exposure and the related costs. 1. If
you sustain an injury with a needle or other sharp object that has been exposed
to a patient’s body fluids, or if you splash a patient’s body fluid onto broken
skin or mucous membranes, you may be at risk to contract infection with human
immunodeficiency virus (HIV), the causative agent of AIDS. 2. If this occurs, treatment is available that
can substantially reduce the risk of acquiring HIV infection. The US Centers
for Disease Control and Prevention recommends that for maximum protection, you
should receive treatment within two hours of exposure. 3.
The following are
guidelines for what to do if you sustain a needlestick
injury or body-fluid exposure.
For Exposures During
For Exposures Outside the
4. Incident
Reports.
Regardless of location, complete an incident report in the facility in which the incident occurred. The report should include information identifying the person whose body fluid was the source of exposure and a contact person at the institution for follow-up. Bring a copy of the incident report to the Student Health Clinic.
5. Cost.
If the above protocol is followed, costs of services received
at the Student Health Clinic for needle or body-fluid exposures will be paid by
UTHSCSA, up to $500. The cost of emergency care at another facility will also
be paid by UTHSCSA, but only for services received on the date of exposure, and
only until further care can be obtained from the Student Health Clinic, up to a
maximum of $500. 6. In order to be
eligible to receive the Needlestick policy benefit,
each HSC student must comply with the following requirements: 58 UTHSCSA
Student Guide 2001–2003 Each student must consult the
Student Health Clinic at (210) 592-0157 immediately. Each student must initiate
reimbursement from UTHSCSA within 30 days of the occurrence of the needlestick. If applicable, each student must concurrently
seek reimbursement from their private insurance. Each student must provide the
Student Health Clinic with an incident report prior to making any request for
reimbursement which would include time, date, and location of incident. The incident
must relate to your clinical duties as a registered student at UTHSCSA. 7. These guidelines are subject to revision
and modification by the Student Health Advisory Committee and the Assistant
Vice President for Student Services and supersedes
previous needlestick policies.
Recommendations
of Student Health Advisory Committee Regarding Post Exposure Prophylaxis for Needlestick or Percutaneous Fluid
Exposure
1. For required courses, students be sent only to locations where the individual schools (medical, dental, nursing, allied health, & graduate school) have confirmed that resources are available to provide care in the event a student sustains an infectious exposure. Post exposure prophylaxis (PEP) for HIV, as recommended by the current CDC guidelines, should consist of medical counseling, lab work, and antiviral medications within the recommended time frame. These sites would need to be periodically reviewed to confirm that the appropriate policies and procedures are in effect, possibly as part of the annual affiliation agreements. Departments will confirm that appropriate policies and procedures are in effect before students are sent to remote locations. This information will also be included in affiliation agreements. For elective rotations in under served areas, students will be notified that PEP may not be available as recommended by CDC guidelines. When possible, students will be given information as to the nearest facility where this level of care can be obtained. Administration may consider asking legal counsel to develop an informed consent/release form to be signed by students acknowledging their understanding that PEP may not be immediately available to them on a chosen elective.
2. All UTHSCSA students will be provided adequate education regarding universal precautions for infectious exposure and PEP procedures prior to any clinical rotations. Course directors/faculty must demonstrate that teaching and clinical application of the correct use of universal precautions occurs on clinical rotations.
3. Provide
educational support to remote clinical sites, primarily in
4. Continuation
of current financial compensation for our students who follow our needlestick protocol and are treated after an injury in a
remote location. Students will follow procedures as outlined in “needlestick policy,” which is given to each student at
registration, available in the student handbook and on the Web page. Reimbursement
will be for covered expenses. Approved by the
Policy on Alcohol, Drug, and Chemical
Abuse Policy
The purpose of this statement is to comply with the federal
1. The
illegal possession or use of alcoholic beverages, drugs, or chemicals on any
property and in buildings and facilities under the control of the
2. Alcoholic
beverages on
3. These
standards of conduct apply to ALL persons connected with the institution either
as employees or students. a. Employees: The use or possession of alcohol
or drugs (chemicals) by an employee on
4. Violations of this Policy. a. Employees: The unlawful use, possession, or distribution
of alcohol or drugs will result in a penalty of disciplinary probation,
suspension without pay, or dismissal from employment, depending upon the
circumstances. b. Students: The
Health Risks of Alcohol, Drugs, and Chemicals
Alcohol. Health hazards associated with the excessive use of alcohol or with alcohol dependency include dramatic behavioral changes, retardation of motor skills, and impairment of reasoning and rational thinking. These factors result in a higher incidence of injury and accidental death for such persons than for nonusers of alcohol. Nutrition also suffers and vitamin and mineral deficiencies are frequent. Prolonged alcohol abuse causes bleeding from the intestinal tract, damage to nerves and the brain, psychotic behavior, loss of memory and coordination, damage to the liver often resulting in cirrhosis, impotence, severe inflammation of the pancreas, and damage to the bone marrow, heart, testes, ovaries, and muscles. Cancer is the second leading cause of death in alcoholics and is ten (10) times more frequent than in non-alcoholics. Sudden withdrawal of alcohol from persons dependent on it may cause serious physical withdrawal symptoms.
Drugs and Chemicals. The use of illicit drugs and chemicals may cause the same general type of physiological and mental changes seen with alcohol, though frequently those changes are more severe and more sudden. Death or coma resulting from overdose of drugs and chemicals is more frequent than from alcohol, but unlike alcohol, abstinence can lead to reversal of most physical problems associated with drug use. There are also health risks resulting from intravenous drug use. In addition to the adverse effects associated with the use of a specific drug, intravenous drug users who use unsterilized needles or who share needles with other drug users can develop AIDS, hepatitis, tetanus (lock jaw), and infections in the heart. Manufacture or delivery of controlled substances (drugs) Confinement in the Texas Department of Corrections (TDC) for a term of not more than 2 years or less than 180 days, and a fine not to exceed $10,000. Confinement TDC for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000. Possession of controlled substances (drugs) Confinement in jail for a term of not more than 180 days, and a fine not to exceed $2,000. Confinement in TDC for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000. Delivery of Marijuana Confinement in jail for a term not to exceed 180 days, and a fine not to exceed $2,000. Confinement in TDC for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000. Possession of Marijuana Confinement in jail for a term not to exceed 180 days, and a fine not to exceed $2,000. Confinement in TDC for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000. Driving While Intoxicated (includes intoxication from alcohol, drugs, or both) Confinement in jail for a term of not more than 180 days or less than 72 hours, and a fine of not more than $2,000. Confinement in jail for a term of not more than two years or less than 30 days, or confinement in TDC for a term of not more than 5 years or less than 60 days, and a fine of not more than $2,000 or less than $500. Public Intoxication A fine not to exceed $500. Purchase of alcohol by a minor; Consumption of alcohol by a minor; Possession of alcohol by a minor Fine of not more than $500. Alcohol awareness class, community service, suspend driver’s license for 30 days. For a subsequent offense, a fine of not less than $250 nor more than $2,000. Jail not to exceed 180 days. Driver’s license suspension 180 days. Sale of Alcohol to a Minor Fine not to exceed $4,000; jail not to exceed 1 year, or both. II. FEDERAL LAW OFFENSE MINIMUM PUNISHMENT MAXIMUM PUNISHMENT Manufacture, distribution, or dispensing of drugs (includes marijuana) A term of imprisonment not more than one year, and a minimum fine of $1,000. Loss of scholarships and grants; 0–6months prison; $500 fine. A term of life imprisonment without release (no eligibility for parole, and a fine not to exceed $8,000,000 (for an individual) or $20,000,000 (if other than an individual). Possession of drugs (including marijuana) 1 year prison, fine not less than $1,000 (max. $100,000). Civil penalty of $10,000 possible. Imprisonment for not more than 20 years or not less than 5 years, a fine of not less than $5,000 plus costs of investigation and prosecution. Operation of a common carrier under the influence of alcohol or drugs Imprisonment for up to 15 years and a fine not to exceed $250,000. 62 UTHSCSA Student Guide 2001–2003 damage may also result. Chemicals, which include solvent inhalants and aromatic hydrocarbons, such as glue, lacquers, and plastic cement, also present health risks. Fumes from these substances cause symptoms similar to alcohol. Hallucinations and permanent brain damage may occur. TABLE 1 on page 60, excerpts of which were taken from the Federal Register, provides a summary of illicit drugs and their effects.
Assistance for Employees and Students Employees and
students of the
Student Conduct and Discipline
Sec. 1. General
Provisions.
1.1 These
policies and regulations apply to all component institutions of the System and
shall be implemented appropriately in the Handbook of Operating Procedures for
each institution.
1.2 When the
designation “chief student affairs officer” appears in this Chapter, reference
is made to the administrative officer or officers directly responsible for
student affairs at each component institution. The designation “Dean of
Students” or “Dean” in the context of this Chapter shall refer to the
administrative officer or officers responsible for the administration of the
disciplinary process at each component institution.
1.3 All
authority held and exercised by a chief student affairs officer is delegated to
that officer by the chief administrative officer. Any action taken by the chief
student affairs officer is subject to review by the component president.
1.4 The chief
student affairs officer shall be the administrative officer primarily
responsible for the development and administration of policies relating to
students, for the development and implementation of services to students, and
for the initial preparation of institutional regulations that will implement
the policies and regulations set forth in this Chapter.
1.5 Any
individual student, group of students, or student organization may petition the
Board on any matter relating to these policies and regulations (other than a disciplinary
action) through the chief student affairs officer, the component president, the
appropriate Executive Vice Chancellor, and the Chancellor.
1.6 Student
Advisory Council.—At the discretion of the Chairman of
the Board of Regents and the Chancellor, a student advisory council
representing component institutions in the U.T. System may be formed to facilitate
the flow of ideas and information between and among the Board of Regents, the
System Administration, and the component institutions. The Chairman and
Chancellor will promulgate guidelines for the selection of student advisory
council representatives. Representatives of the student advisory council may
from time to time address the Board at meetings of the Board and may recommend
action to the Board through the Chancellor. At least once each year, a meeting
will be arranged between the student advisory council executive committee and
the Board.
Sec. 2.
Definitions.
2.1 Student.—The
following persons shall be considered students for purposes of these policies
and regulations:
2.11 A person
currently enrolled at a component institution of the System.
2.12 A person
accepted for admission or readmission to a component institution of the System.
2.13 A person
who has been enrolled at a component institution of the System in a prior
semester or summer session and is eligible to continue enrollment in the
semester or summer session that immediately follows.
2.14 A person
who engaged in prohibited conduct at a time when he or she met the criteria of
Subdivisions 2.11, 2.12, or 2.13.
2.2 Campus.—The campus consists of all real property, buildings or
facilities owned or controlled by the component institution.
2.3 Hearing
Officer.—An individual selected in accordance with
procedures adopted by the component institution to hear disciplinary charges,
make findings of fact and, upon a finding of guilt, impose an appropriate sanction(s).
2.4 Weekday.—Monday
through Friday, excluding any day that is an official holiday of the component institution.
2.5 Day.—A
calendar day.
Sec. 3. Student
Conduct and Discipline.
3.1 The
component institutions shall adopt rules and regulations concerning student
conduct and discipline. Such rules shall be in compliance with the Regents’ Rules
and Regulations and shall become effective upon review and approval by the
Executive Vice Chancellor for Health Affairs or the Vice Chancellor for
Academic Affairs. Each student is responsible for notice of and compliance with
the provisions of the Regents’ Rules and Regulations and the rules of
the component institution.
3.2 All
students are expected and required to obey federal, state, and local laws, to
comply with the Regents’ Rules and Regulations, with System and
institutional rules and regulations, with directives issued by an administrative
official of the System or component institution in the course of his or her
authorized duties, and to observe standards of conduct appropriate for an
academic institution.
3.21 Any
student who engages in conduct that violates the Regents’ Rules and
Regulations, the System or institutional rules and regulations, specific
instructions issued by an administrative official of the institution or the
System acting in the course of his or her authorized duties, or federal, state,
or local laws is subject to discipline whether such conduct takes place on or
off campus or whether civil or criminal penalties are also imposed for such
conduct.
3.22 Any
student who commits an act of scholastic dishonesty is subject to discipline. Scholastic
dishonesty includes but is not limited to cheating, plagiarism, collusion, the submission for credit of any work or materials that are
attributable in whole or in part to another person, taking an examination for another
person, any act designed to give unfair advantage to a student or the attempt
to commit such acts.
3.23 Any
student who is guilty of the illegal use, possession and/or sale of a drug or
narcotic on the campus of a component institution is subject to discipline. If
a student is found guilty of the illegal use, possession, and/or sale of a drug
or narcotic on campus, the minimum penalty shall be suspension from the
institution for a specified period of time and/or suspension of rights and
privileges.
3.24 Any
student who engages in conduct that endangers the health or safety of any
person on the campus of a component institution or on any property, or in any
building, or facility owned or controlled by the System or component
institution is subject to discipline.
3.25 Any
student who, acting singly or in concert with others, obstructs, disrupts or interferes
with any teaching, educational, research, administrative, disciplinary, public service,
or other activity or public performance authorized to be held or conducted on
campus or on property or in a building or facility owned or controlled by the
System or component institution is subject to discipline. Obstruction or
disruption includes but is not limited to any act that interrupts, modifies or
damages utility service or equipment, communication service or equipment,
university computers, computer programs, computer records or computer networks
accessible through the university’s computer resources.
3.26 Any
student who engages in speech, either orally or in writing,
that is directed to inciting or producing imminent lawless action and is
likely to incite or produce such action is subject to discipline.
3.27 Any
student who engages in the unauthorized use of property, equipment, supplies, buildings,
or facilities owned or controlled by the System or component institution is subject
to discipline.
3.28 Any
student who, acting singly or in concert with others, engages in hazing is
subject to discipline. Hazing in state educational institutions is prohibited
by state law (Section 51.936, Policies, Procedures, Responsibilities, and
Requirements 65 Texas Education Code). Hazing with or without the
consent of a student whether on or off campus is prohibited, and a violation of
that prohibition renders both the person inflicting the hazing and the person
submitting to the hazing subject to discipline. Initiations or activities of
organizations may include no feature which is dangerous, harmful, or degrading
to the student, and a violation of this prohibition renders
both the organization and participating individuals subject to discipline.
3.29 A student
who alters or assists in the altering of any official record of the System or
component institution or who submits false information or omits requested
information that is required for or related to an application for admission,
the award of a degree, or any official record of the System or institution is
subject to discipline. A former student who engages in such conduct is subject
to bar against readmission, revocation of degree and withdrawal of diploma. 3.2(10)
Any student who defaces, mutilates, destroys or takes unauthorized possession
of any property, equipment, supplies, buildings, or facilities owned or
controlled by a component institution or the System is subject to discipline. 3.2(11)
A student is subject to discipline for prohibited conduct that occurs while participating
in off-campus activities sponsored by a component institution or the System
including field trips, internships, rotations or clinical assignments. 3.2(12)
Unless authorized by federal, state, or local laws, a student who possesses or
uses any type of explosive, firearm, imitation firearm, ammunition, hazardous
chemical, or weapon as defined by state or federal law, while on campus or on
any property or in any building or facility owned or controlled by the System
or component institution, is subject to discipline. 3.2(13) A student who
receives a period of suspension as a disciplinary penalty is subject to further
disciplinary action for prohibited conduct that takes place on campus during
the period of suspension.
3.3 A former
student who has been suspended or expelled for disciplinary reasons is
prohibited from being on the campus of any component institution during the period
of such suspension or expulsion without prior written approval of the chief
student affairs officer of the institution at which the suspended or expelled student
wishes to be present.
3.4 The Dean
of Students shall have primary authority and responsibility for the
administration of student discipline at each component institution. It shall be
the Dean’s duty to investigate allegations that a student has engaged in
conduct that violates the Regents’ Rules and Regulations, the rules and
regulations of the institution or the System, specific instructions issued by
an administrative official of the institution or the System in the course of
his or her authorized duties, or any provisions of federal, state, and/or local
laws. The Dean may proceed with the investigation and with the disciplinary process,
notwithstanding any action taken by other authorities.
3.41 A student
may be summoned by written request of the Dean for a meeting to discuss the allegations.
The written request shall specify a place for the meeting and a time at least three
(3) weekdays after the date of the written request. The written request may be
mailed to the address appearing in the records of the registrar or may be hand
delivered to the student. If a student fails to appear without good cause, as
determined by the Dean, the Dean may bar or cancel the student’s enrollment or
otherwise alter the status of the student until the student complies with the summons,
or the Dean may proceed to implement the disciplinary procedures provided for
in Subsection 3.5. The refusal of a student to accept delivery of the notice or
the failure to maintain a current address with the registrar shall not be good
cause for the failure to respond to a summons.
3.42 Pending a
hearing or other disposition of the allegations against a student, the Dean may
take such immediate interim disciplinary action as is appropriate to the circumstances,
including: (a) suspension and bar from the campus when it reasonably appears to
the Dean from the circumstances that the continuing presence of the student poses
a potential danger to persons or property or a potential threat for disrupting
any activity authorized by the institution; or (b) the withholding of grades,
degree or official transcript when such action is in the best interest of the
institution.
3.43 When
interim disciplinary action has been taken by the Dean under Subdivision 3.42,
a hearing of the charges against the student will be held under the procedures
specified in Subsection 3.5, but will be held within ten (10) days after the
interim disciplinary action was taken unless the student agrees in writing to a
hearing at a later time or unless the student waives a hearing and accepts the
decision of the Dean in accordance with Subdivision 3.44.
3.44 In any
case where the accused student does not dispute the facts upon which the
charges are based and executes a written waiver of the hearing procedures
specified in Subsection 66 UTHSCSA Student Guide 2001–2003 3.5, the Dean shall
assess one or more of the penalties specified in Subsection 3.6 that is appropriate
to the charges and inform the student of such action in writing. The minimum penalty
that the Dean may assess when a student admits illegal use, possession, and/ or
sale of a drug or narcotic on campus is the penalty prescribed in Subdivision
3.23 of this Section. The decision of the Dean on penalty only may be appealed
to the chief administrative officer.
3.5 In those
cases in which the accused student disputes the facts upon which the charges
are based, such charges shall be heard and determined by a fair and impartial
Hearing Officer.
3.51 Except in
those cases where immediate interim disciplinary action has been taken, the accused
student shall be given at least ten (10) days written notice of the date, time,
and place for such hearing and the name of the Hearing Officer. The notice
shall include a statement of the charge(s) and a summary statement of the
evidence supporting such charge(s). The notice shall be delivered in person to
the student or mailed to the student at the address appearing in the
registrar’s records. A notice sent by mail will be considered to have been
received on the third day after the date of mailing, excluding any intervening
Sunday. The date for a hearing may be postponed by the Hearing Officer for good
cause or by agreement of the student and Dean.
3.52 The
accused student may challenge the impartiality of the Hearing Officer. The challenge
must be in writing, state the reasons for the challenge, and be submitted to the
Hearing Officer through the Office of the Dean at least three (3) days prior to
the hearing. The Hearing Officer shall be the sole judge of whether he or she
can serve with fairness and objectivity. In the event the Hearing Officer
disqualifies himself or herself, a substitute will be chosen in accordance with
procedures of the institution.
3.53 Upon a
hearing of the charges, the Dean or other institutional representative has the
burden of going forward with the evidence and has the burden of proving the
charges by the greater weight of the credible evidence.
3.54 The
Hearing Officer is responsible for conducting the hearing in an orderly manner
and controlling the conduct of the witnesses and participants in the hearing.
The Hearing Officer shall rule on all procedural matters and on objections
regarding exhibits and testimony of witnesses, may question witnesses, and is entitled
to have the advice and assistance of legal counsel from the Office of General
Counsel of the System. The Hearing Officer shall render and send to the Dean
and the accused student a written decision that contains findings of fact and a
conclusion as to the guilt or innocence of the accused student. Upon a
conclusion of guilt the Hearing Officer shall assess a penalty or penalties
specified in Subsection 3.6. Guilt of the illegal use, possession, or sale of a
drug or narcotic on campus requires the assessment of a minimum penalty
provided in Subdivision 3.23.
3.55 The
hearing shall be conducted in accordance with procedures adopted by the
component institution that assure the institutional representative and the
accused student the following minimal rights: (1) Each party shall provide the
other party a list of witnesses, a brief summary of the testimony to be given
by each, and a copy of documents to be introduced at the hearing at least five
(5) days prior to the hearing. (2) Each party shall have the right to appear, present
testimony of witnesses and documentary evidence, cross-examine witnesses and be
assisted by an advisor of choice. The advisor may be an attorney. If the
accused student’s advisor is an attorney, the Dean’s advisor may be an attorney
from the Office of General Counsel of the System. An advisor may confer with
and advise the Dean or accused student, but shall not be permitted to question witnesses,
introduce evidence, make objections, or present
argument to the Hearing Officer. (3) The Dean may recommend a penalty to be assessed
by the Hearing Officer. The recommendation may be based upon past practice of
the component institution for violations of a similar nature, the past
disciplinary record of the student, or other factors deemed relevant by the
Dean. The accused student shall be entitled to respond to the recommendation of
the Dean. (4) The hearing will be recorded. If either party desires to appeal
the decision of the Hearing Officer, the official record will consist of the recording
of the hearing, the documents received in evidence, and the decision of the Hearing
Officer. At the request of the chief administrative officer the recording of
the hearing will be transcribed and both parties will be furnished a copy of
the transcript.
3.6 The
following penalties may be assessed by the Dean pursuant to Subdivision 3.44 or
by the Hearing Officer after a hearing in accordance with the procedures specified
in Subdivision 3.55: Policies, Procedures, Responsibilities, and Requirements
67
3.61 Disciplinary
probation.
3.62 Withholding
of grades, official transcript and/ or degree.
3.63 Bar
against readmission.
3.64 Restitution
or reimbursement for damage to or misappropriation of institutional or System property.
3.65 Suspension
of rights and privileges, including participation in athletic or
extracurricular activities.
3.66 Failing
grade for an examination or assignment or for a course and/or cancellation of
all or any portion of prior course credit.
3.67 Denial of
degree.
3.68 Suspension
from the institution for a specified period of time.
3.69 Expulsion
(permanent separation from the institution). 3.6(10) Revocation of degree and
withdrawal of diploma. 3.6(11) Other penalty as deemed
appropriate under the circumstances.
3.7 Appeal
Procedures.—A student may appeal a disciplinary penalty
assessed by the Dean in accordance with Subdivision 3.44. Either the Dean or
the student may appeal the decision of the Hearing Officer. An appeal shall be
in accordance with the following procedures:
3.71 Written notice of appeal must be delivered to the
chief administrative officer of the component institution within fourteen (14)
days after the appealing party has been notified of the penalty assessed by the
Dean or the decision of the Hearing Officer. If the notice of penalty assessed
by the Dean or the decision of the Hearing Officer is sent by mail, the date
the notice or decision is mailed initiates the fourteen (14) day period for
giving notice of appeal. An appeal of the penalty assessed by the Dean in
accordance with Subdivision 3.44 will be reviewed solely on the basis of the
written argument of the student and the Dean. The appeal of the decision of the
Hearing Officer will be reviewed solely on the basis of the record from the
hearing. In order for the appeal to be considered, all the necessary documentation
to be filed by the appealing party, including written argument,
must be filed with the chief administrative officer within fourteen (14) days
after notice of appeal is given. At the discretion of the chief administrative
officer, both parties may present oral argument in an appeal from the decision
of the Hearing Officer.
3.72 The chief
administrative officer may approve, reject, or modify the decision in question
or may require that the original hearing be reopened for the presentation of
additional evidence and reconsideration of the decision. It is provided,
however, that if the finding as to guilt is upheld in a case involving the
illegal use, possession, and/or sale of a drug or narcotic on campus, the
penalty may not be reduced below the minimum penalty prescribed by Subdivision
3.23 of this Section. 3.73 The
action of the chief administrative officer shall be communicated in writing to
the student and the Dean within thirty (30) days after the appeal and related
documents have been received. The decision of the chief administrative officer
is the final appellate review. 3.8 Each
component institution shall maintain a permanent written disciplinary record
for every student assessed a penalty of suspension, expulsion, denial or revocation
of degree and/or withdrawal of diploma. A record of scholastic dishonesty shall
be maintained for at least five years unless the record is permanent in conjunction
with the above stated penalties. A disciplinary record shall reflect the nature
of the charge, the disposition of the charge, the penalty assessed and any
other pertinent information. This disciplinary record shall be maintained
separately from the student’s academic record, shall be treated as
confidential, and shall not be accessible to or used by anyone other than the
Dean, except upon written authorization of the student or in accordance with
applicable state or federal laws or court order or subpoena. Due Process Students
accused of violations of the “Procedures and Regulations Concerning Student
Conduct and Discipline” shall have the rights of due process: The right to know
the charges and the evidence; The right to confront and examine witnesses; The
right to be represented by a person of her/his choice; The right to be heard by
an impartial body or officer; and The right to an appeal process.
Guidelines
for Professional Conduct HSC students are expected to conduct themselves in a professional
manner, not only in interaction with patients, but also with peers, faculty,
and staff of the HSC and the community in general. In addition to conventional
academic tests and measurement criteria for assessment, students will be
evaluated on issues relating to their professional conduct/judgment according
to the previously defined standards of the school, program, and profession for
which they are in training. The specific professional discipline/school in
which the student is enrolled may have additional and more specific codes of
conduct. See individual school sections in this Student Guide for details.
Students’
academic records and personal information must be kept confidential by the
University under federal law. (See “Family Educational Rights and Privacy Act”
below.) Only certain University personnel, officials of other institutions to
which a student may be seeking admission, persons or organizations providing
financial aid, accrediting agencies, persons with a judicial order, individuals
attempting to protect the health or safety of others, or organizations
conducting studies for specified educational purposes are permitted access to a
student’s records without her/his consent. Directory information is published
information and may contain a student’s name, school and class, address, E-mail
address, telephone number, date and place of birth, degrees and awards
received, and the most recent previous educational institution attended.
Students may withhold all or part of the directory information except first and
last name, middle initial, school, and class by notifying the Registrar in
writing within 12 days after the first day of class for the fall semester. This
procedure must be continued each year, if the student wishes to continue
to withhold directory information. A student has the right to inspect her/his
educational records and to challenge the contents. To review records, a student
must make a request in writing to the Custodian of those records. (See
“Custodians of Records” below.) Some documents in a student’s file such as (1)
confidential letters/ recommendations, (2) parents’ financial records, and (3) documents
pertaining to more than one student will not be made available to the
requestor. If a student wishes to challenge or amend information in her/his
files, the student may appeal in writing to the Assistant Vice President for
Student Services. For full procedures, see the “Family Educational Rights and
Privacy Act” on this page. Custodians of Records Registrar Director of Student
Financial Aid Director of Student Health Service Director of Counseling Service
Associate Deans Family Educational Rights and Privacy Act The Family
Educational Rights and Privacy Act of 1974 is a Federal law which states (a)
that a written institutional policy must be established and (b) that a
statement of adopted procedures covering the privacy rights of students by made
available. The law provides that the institution will maintain the confidentiality
of student education records. The UTHSCSA accords all the rights under the law
to students who are declared independent. No one outside the institution shall
have access to nor will the institution disclose any information from students’
education records without the written consent of students except to appropriate
personnel within the institution; to officials of other institutions in which
students seek to enroll; to persons or organizations providing students financial
aid; to accrediting agencies carrying out their accreditation function; to
persons in compliance with judicial order; to persons in an emergency in order
to protect the health or safety of students or other persons; to federal,
state, or local officials or agencies authorized by law; to the parents of a
dependent student, as defined in section 152 of Internal Revenue Code of 1954,
provided a reasonable effort is made to notify the student in advance; and to
an alleged victim of any crime of violence, the results of the alleged
perpetrator’s disciplinary proceeding may be released. All these exceptions are
permitted under the Act. A record of requests for disclosure and such
disclosure of personally identifiable information from student education records
shall be maintained by the Assistant Vice President for Student Services for
each student and will also be made available for inspection pursuant to this policy.
If the institution discovers that a third party who has received student
records from the institution has released or failed to destroy such records in
violation of this policy, it will prohibit access to educational records for
five (5) years. Respective records no longer subject
to audit nor presently under request for access may be purged according to
regular schedules. Within The UTHSCSA community, only those members, individually
or collectively, acting in the students’ educational interest are allowed access to student education records. These
include personnel in the offices of the Registrar, Student Financial Aid, Deans
and President, the student’s faculty advisor, and academic personnel within the
limitations of their need. At its discretion, the institution may provide
Directory Information in accordance with the provisions of the Act to include:
student name, school and class, address, E-mail address, telephone number, date
and place of birth, dates of attendance, degrees and awards received, major
field of study, classification, date of graduation, class schedules, and the
most recent previous educational agency or institution attended by the student.
Students may withhold Directory Information by notifying the Registrar in
writing within 12 days after the first day of class for the fall semester.
Students requesting that all Directory Information be withheld will have only
their first and last name, middle initial, school, and class listed in the
Directory. The law provides students with their right to inspect and review
information contained in their education records, to challenge the contents of
their education records, to have a Policies, Procedures, Responsibilities, and
Requirements 69 hearing if the outcome of the challenge is unsatisfactory, and to
submit explanatory statements for inclusion in their files if they feel the
decisions of the hearing panels to be unacceptable. The Assistant Vice
President for Student Services has been designated by the institution to
coordinate the inspection and review procedures for student education records,
which include admissions, personal, academic, financial, and disciplinary
records. Students wishing to review their education records must make written
requests to the custodian of records (see Directory of Records) listing
item or items of interest. Only records covered by the act will be made
available within 45 days of the request. Students may have copies made of their
records with certain exceptions (e.g., an official copy of the academic, record
for which a financial “hold” exists, or a transcript of an original or source
document which exists elsewhere). These copies would be made at the students’
expense at prevailing rates which are listed with the Directory of Records. Education
records do not include records of instructional, administrative, and
educational personnel which are the sole possession of the maker and are not
accessible or revealed to any individual except a temporary substitute, records
of the law enforcement unit, student thesis or research papers, student health
records, student counseling records, employment records, or alumni records.
Health records, however, may be reviewed by physicians of a student’s choosing.
Students may not inspect and review the following as outlined by the
Act: financial information submitted by their parents; confidential letters and
recommendations associated with admissions, employment, or job placement; honors
to which they have waived their rights of inspection and review; or education
records containing information about more than one student, in which case the
institution will permit access only to that part of the record which pertains
to the inquiring student. The institution is not required to permit
students to inspect and review confidential letters and recommendations placed in
their files prior to January 1, 1975, provided those letters were collected
under established policies of confidentiality and were used only for the
purposes for which they were collected. Students who believe that their
education records contain information that is inaccurate or misleading, or is
otherwise in violation of their privacy or other rights may discuss their
problems informally with the Assistant Vice President for Student Services. If
the decisions are in agreement with the student’s requests, the appropriate
records will be amended. If not, the student will be notified within a reasonable
period of time that the records will not be amended; and they will be informed
by the Assistant Vice President for Student Services of their right to a formal
hearing. Student requests for a formal hearing must be made in writing to the
Vice President for Business Affairs who, within a reasonable period of time
after receiving such requests, will inform students of the date, place, and the
time of the hearing. Students may present evidence relevant to the issues
raised and may be assisted or represented at the hearings by one or more
persons of their choice, including attorneys, at the student’s expense. The hearing
panels which will adjudicate such challenges will be the Vice President for
Business Affairs and two faculty members appointed by the President. Decisions
of the hearing panels will be final, will be based solely on the evidence
presented at the hearing, and will consist of written statements summarizing
the evidence and stating the reasons for the decisions, and will be delivered to
all parties concerned. The education records will be corrected or amended in
accordance with the decisions of the hearing panels, if the decisions are in
favor of the students. If the decisions are unsatisfactory to the students, the
students may place with the education records statements commenting on the
information in the records, or statements setting forth any reasons for
disagreeing with the decisions of the hearing panels. The statements will be placed
in the educations records, maintained as part of the students’ records, and
released whenever the records in question are disclosed. Students
who believe that the adjudications of their challenges were unfair, or not in
keeping with the provisions of the Act may request in writing, assistance from
the President of the institution. Further, students
who believe that their rights have been abridged, may file complaints with The
Family Educational Rights and Privacy Act Office (FERPA), Department of
Education,