AIDS and the responsibilities of academic health science centers: a case law approach

The advent of AIDS and HIV infection has heightened administrator and faculty concern over providing and maintaining a safe environment for students in the health professions. Failure to provide this environment may result in litigation. Although case law on AIDS-related issues in higher education is sparse, court decisions on related issues are helpful in providing guidance on university responsibility. Case law indicates that if faculty provide appropriate supervision and give adequate instruction, including accepted safety practices, the courts will determine that the university has provided reasonable care to prevent student exposure to HIV. Other issues, related to HIV-positive students, demand that universities create carefully deliberated policies and procedures that do not discriminate against these individuals. This paper is the result of research on case law as it pertains to the potential legal issues of HIV and the university.