Spartan Daily - Serving San Jose State University since 1934

Issue date: 2/4/08 Section: News

The Food and Drug Administration has banned men who have had sex with other men from donating blood since 1983. But now, SJSU President Don Kassing is prohibiting any blood drives on campus because the FDA ignores SJSU's nondiscrimination policy.

Although the nondiscrimination and FDA policies are decades old, Kassing stopped blood drives on campus just last week.

"A number of gay men complained for years," said Wiggsy Sivertsen, former director of SJSU's Counseling Services. "The problem was we needed to get somebody to file a complaint with the Office of Equal Opportunity. Somebody finally did, so we were able to move."

The community can organize blood drives but not at SJSU.

"If the Stanford Blood Bank wanted to bring their van down and park across the street, of course, they're more than welcome to do that," said Larry Carr, associate vice president for public affairs in the president's office.

For now, donating blood off campus is the only option for students, including Tau Delta Phi President Dominic Fass. His fraternity is planning a blood drive in March - off campus.

Michele Hyndman, Stanford Blood Center's public relations manager, said that the center would hold blood drives near SJSU.

"Twenty percent of the blood we collect comes from students," Hyndman said. "Donating blood at a school blood drive is often the first time somebody is exposed to donating blood. It becomes a platform from which they become lifelong blood donors."

Hyndman said the Stanford Blood Center is concerned it will "lose out on a generation of blood donors" by being prevented from collecting blood at SJSU.

Carr said the president's decision was not based on law.

"This is a decision for the president that's based on principles and values of the institution of San Jose State University," Carr said.

The FDA permanently prohibits gay men from donating blood. Blood banks, like the Stanford Blood Center, want improved questionnaires and a 12-month deferral on gay men - the same as other donors at risk.

"As long as that's remedied, then that gives us an opportunity to look at it again and how we would be able to bring back and allow blood drives once again," Carr said.

Aside from sexual orientation, the FDA policy also does not allow people to donate based on particular medical conditions and disabilities.

HIV/AIDS is not just considered a medical condition. The California Fair Employment and Housing Act (FEHA) considers HIV/AIDS a disability.

"It is something that affects your life and how you can live your life," said Joni Marshburn, treasurer of the SJSU Disabled Students Association. "Partially, it's because of the stigma surrounding AIDS. A lot of disabilities are associated with stigma."

Kassing's decision was based on nondiscrimination of sexual orientation because "that's how the issue was raised to us," Carr said.

But, Carr said, "We're not arguing what the FDA uses as its science, whether it's good or bad. We're not arguing that."

Some argue the FDA policy is unfounded now because there are antibody tests and nucleic acid tests that can detect HIV/AIDS.

There is a window period after infection, however, from 10 to 21 days, when an HIV-positive person could pass a test as "healthy."

President Kassing has sent a letter to the FDA commissioner, Andrew von Eschenbach.

"We hope that we'll get a timeline from them that will move quickly and get them to make some decisions quickly so we can once again hold blood drives here," Carr said.


Related Stories:
Feb. 7, 2008: Plot thickens in wake of blood drive suspension
Feb. 7, 2008: Where to donate blood off campus
Jan. 30, 2008: Blood drives stopped
Feb. 7, 2008: Opinion: This Queer Life: Bad Blood
Feb. 4, 2008: Opinion: Making a deadly situation worse
Poll: Do you agree with SJSU's blood drive ban?

Other Links:
Letter from President Kassing
Other links from the President's office

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