The Rutgers University Senate is exploring ways to avoid violating its own non-discrimination policy for blood donations, due to a Food and Drug Administration policy of denying donations from males who have had sex with other males.
“We have worked diligently for the FDA to review this policy, explaining what we believe to be a fair policy and why it would be safe to allow them donations, but you can only be in operation if you follow the guidelines of the FDA,” said Assistant Director of Hurtado Health Center Dr. Dorothy Kozlowski.
The senate was charged with finding out whether the FDA regulation violates the University’s non-discrimination policy. Though their research will not be finalized until December, so far they have found it does not violate the University’s policy.
“There is a distinct difference between homosexuals and ‘men who have had sex with men,’ as a homosexual male who is a virgin would be permitted to donate blood, but also, a straight male who has happened to have sex with another male would not. There is a fine line there which should be noted,” said Student Affairs Committee Co-chair Kevin Wild, who is a Rutgers-Newark University College junior.
Men who have had sex with other men at any time since 1977, which was when the AIDS epidemic began in the United States, are deferred as blood donors, according to the FDA Web site.
“The University is obligated to follow the rules and regulations of the blood service centers who are regulated by the FDA,” Kozlowski said. “The benefit is great and we feel very honor-bound to continue to approach the FDA to review their policy, but through the generosity of many students, faculty and staff who have donated blood, we know that blood donation does save lives.”
The Student Affairs Committee reached out to the University General Counsel, which stated blood drives do not violate the non-discrimination policy, Wild said.
They have also contacted University Health Services and the University Blood Drive Committee, who said men who have had sex with men make up a small percentage of reasons why people are excluded from donating blood, Wild said.
“It is from these three expert opinions that the Student Affairs Committee plans on reporting that blood drives do not violate the non-discrimination clause of University Policy,” Wild said. “I anticipate this occurring at the October meeting of the University Senate.”
In order to assuage feelings of exclusion, the committee will recommend that all blood drives at the University should be registered through the University Blood Drive Committee, in addition to a full listing of donor requirements be made public outside the room where donations are made, the elimination of donor incentives and a warning in all advertisements about eligibility requirements.
“I think blood donation is important but the act of not allowing members of the [lesbian, gay, bisexual, transgender] community is a very discriminating act,” said Co-President of LLEGO Shawnna James, a School of Arts and Sciences junior. “I’m looking forward to seeing the discussion about this topic in the University Senate. I don’t see why that’s a policy in the first place if blood is screened regardless.”
After blood is donated, it is tested for hepatitis, HIV and syphilis, among other transmissible conditions, according to the New York Blood Center’s Web site, which is the parent company of the New Jersey Blood Center.
According to the FDA Web site, men who have had sex with men have a higher risk of donating during a “window period,” where low levels of the HIV virus make it difficult to detect it.
“I’m working for a blood drive coalition for the state of New Jersey for increasing donor supplies, and hopefully the state will also take a look at this issue and continue to work with the FDA on this,” Kozlowski said. “I work with people in the hospital association, Metlife [and] Rewardis.”
The Rutgers University Student Assembly’s University Affairs Committee is working on a similar project with members of the LGBT community to show the potential of those who are denied blood donation.
“They will bring friends to give blood in the name of a gay friend to see how much more blood would be given if this policy wasn’t enacted,” said University Affairs Chair Ben West, a Rutgers College senior. “This is a federal policy … but it does violate the non-discrimination policy, but we can’t just stop giving blood because a lot of groups benefit from it.”
The Food and Drug Administration is part of the federal government, which regulates policy regarding blood donation. For more information on their policy, you can visit http://www.fda.gov/BiologicsBloodVaccines/BloodBloodProducts/QuestionsaboutBlood/ucm108186.htm.
FDA hinders U. blood donation policy
Published: Thursday, September 17, 2009
Updated: Thursday, September 17, 2009




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