Spring 2008 #CB S08-04
WHEREAS the mission of the Associated Students (AS) of San Diego State University is to “create, promote and fund social, cultural and recreational programs in facilities both on campus and in the community, advocate for student interests, provide leadership opportunities, and participate in shared governance”, and
WHEREAS the current AS and San Diego State University (SDSU) nondiscrimination statements provide protection for individuals on the basis of actual or perceived sex, sexual orientation, and gender identity and expression, and
WHEREAS the American Red Cross (ARC) has joined the American Association of Blood Banks (AABB) and America’s Blood Centers (ABC) in asking for guidelines that treat all donors equally , and
WHEREAS the current Federal Food & Drug Administration policy passed in 1985, prohibits any man who has had sex with another man since 1977 from donating blood for the rest of his life , and
WHEREAS The AABB, ABC, and ARC on March 9, 2006 at the “Blood Products Advisory Committee” of the FDA workshop titled, “Behavior-Based Blood Donors Deferrals in the Era of Nucleic Acid Testing (NAT),” issued a joint statement affirming that they, “believe that the current lifetime deferral for men who have had sex with other men is medically and scientifically unwarranted and recommend that deferral criteria be modified and made comparable with criteria for other groups at increased risk for sexual transmission of transfusion-transmitted infections. Presenting blood donors judged to be at risk of exposure via heterosexual routes are deferred for one year while men who have had sex with another man even once since 1977 are permanently deferred,” and
WHEREAS the AABB, ABC, and ARC believe, “It does not appear rational to broadly differentiate sexual transmission via male-to-male sexual activity from that via heterosexual activity on scientific grounds. Neither does it seem reasonable to extend this reasoning to other infectious agents. To many, this differentiation is unfair and discriminatory, resulting in negative attitudes to blood donor eligibility criteria, blood collection facilities and, in some cases, to cancellation of blood drives. We think FDA should consider that the continued requirement for a deferral standard seen as scientifically marginal and unfair or discriminatory by individuals with the identified characteristic may motivate them to actively ignore the prohibition and provide blood collection facilities with less accurate information,” and
WHEREAS the “AABB, ABC and ARC acknowledge the concern that relaxation of deferral criteria may increase the number of presenting donors who are marker positive. However, this impact has not been measured directly; it has only been modeled using what may be incomplete assumptions. The blood collectors are willing to assist in collecting data regarding the actual impact of changes in the deferral, in order to allow for informed decision-making, and/or for the development of additional, appropriate interventions to ameliorate the impact,” and
WHEREAS Stephen King, an FDA agency spokesperson in an interview with Andrew Keegan of the “Southern Voice” news organization stated, “Under the current lifetime ban, the FDA estimates that the risk of contracting HIV from a unit of blood has been reduced to about one per 2 million units,” and
WHEREAS “In summary, AABB, ABC and ARC believe that the deferral period for men who have had sex with other men should be modified to be consistent with deferrals for those judged to be at risk of infection via heterosexual routes. We believe that this consideration should also be extended to donors of human cells, tissues and cellular and tissue-based products,” therefore; be it
RESOLVED that AS and SDSU acknowledge that FDA guidelines followed by blood banks throughout the United States inadvertently discriminate against Homosexuals, Bisexuals, and Heterosexuals on the basis that they have had sex with another man since 1977, and
RESOLVED that AABB’s, ABC’s, and ARC’s are required to follow said FDA guidelines, which consequently are in conflict with AS and SDSU non-discrimination policies, and
RESOLVED that by allowing blood drives on-campus from blood bank organizations that follow said FDA guidelines; of not allowing men who have had sex with men since 1977, to be ineligible to donate blood is a clear violation of AS and SDSU nondiscrimination policies on the basis of actual or perceived sex, sexual orientation, and gender identity and expression, and
RESOLVED that the AS and SDSU support the jointly issued statement by the AABB, ABC, and ARC, on March 9, 2006 opposing said FDA guidelines discriminating against Homosexuals, Bisexuals, and Heterosexuals on the basis that they have had sex with a man since 1977, and
RESOLVED that copies of this resolution are to be distributed widely, including but not limited to: President Stephen Weber, Vice President of Student Affairs James Kitchen, The University Senate, The University Senate’s Committee on Diversity and Equity, The Daily Aztec, Charles B. Reed (Chancellor, The California State University), all CSU campus Presidents and LGBT organization Presidents on campus (if available), Anne Stockwell (Editor in Chief, The Advocate), Richard M. Valdez (Chair, The San Diego LGBT Community Center, Kevin Cathcart (Executive Director, Lambda Legal), Matt Foreman (Executive Director, National Gay and Lesbian Task Force), Alan Van Capelle (Executive Director, The Pride Agenda), Neil Giuliano (President, Gay & Lesbian Alliance Against Defamation), and Joe Solmonese (President, Human Rights Campaign), American Red Cross, Romona Walker (CEO, San Diego Blood Bank), The American Association of Blood Banks, America’s Blood Centers, Federal Food & Drug Administration: Blood Products Advisory Committee.
Kleinman, Steven. “Behavior-Based Blood Donors Deferrals in the Era of
Nucleic Acid Testing (NAT).” American Association of Blood Banks. 20 March 2007. Blood Products Advisory Committee. <http:///www.aabb.org/Content/
Members_Area/Members_Area_Regulatory/Donor_Suitability/
bpacdefernat030906.htm
“FDA Policy on Blood Donations from Men Who Have Sex with Other Men.” United States Food & Drug Administration: Centers for Biologics Evaluation and
Research.
http://www.fda.gov/cber/faq/msmdonor.htm
Keegan, Andrew. “Red Cross wants change in gay blood donor ban.” Southern Voice News Corporation. 17 March 2006.