Buffalo, NY – Represented jointly by the Legal Action Center (LAC), Housing Works, and Anna Marie Richmond, Esq., Betty Jones* alleged Buffalo State violated federal, state, and local anti-discrimination laws when they evicted her from student housing and banished her from campus because of her HIV status.

Jones argued that not only were Buffalo State’s actions discriminatory; they were based on outdated beliefs that completely ignore the established science on how HIV is transmitted and treated. Since at least 2017, public health authorities nationwide have explained that treatment with medication can fully suppress HIV. Ms. Jones, having taken daily antiretroviral medication for years, has achieved such viral suppression, meaning she has an “undetectable” viral load and cannot transmit the virus to others through sexual contact. In the fall of 2022, Ms. Jones sought protection from Buffalo State authorities because the person she was dating reacted aggressively after she disclosed her status. Instead of supporting her, Buffalo State suspended and removed her from campus, claiming that she was involved in “health and safety incidents that put [the] campus at risk.”

“For me, college represented the culmination of so much hard work—overcoming financial instability at home, working through my academic challenges, and learning how to live with HIV,” says Ms. Jones. “And then, just like that, everything I had worked for my whole life was gone in a flash. I was arrested in front of my classmates, evicted from my school housing, suspended, and removed from campus. The university police walked me to a bus stop outside of campus and left me there, alone. It is difficult to express how devastating this was to every aspect of my life. My heart felt completely shattered. But the pain and humiliation I endured as a result of my arrest and expulsion did not stop me from having hope and pursuing what I have worked so hard for. For me, this settlement is a win, and I hope it helps ensure no one has to go through what I did.”

As a result of the settlement, Buffalo State paid $115,000 in compensation and removed the disciplinary proceeding from Ms. Jones’ transcript and file. Diane Johnston, LAC’s Deputy Director of Litigation and Legal Services notes, “While we’re pleased with the outcome in this case, the incidents leading to our complaint never should have occurred in the first place. LAC urges decision-makers to ensure their actions promote treatment over punishment and rely on medical evidence, not stigmatizing, outdated beliefs. With federal attacks on services for people living with HIV/AIDS, we also cannot overstate how urgently New Yorkers need the State to step up and decriminalize all STIs once and for all.”

Armen H. Merjian, Senior Staff Attorney at Housing Works, commented: “Over and over, folks living with HIV and other disabilities have faced discrimination and exclusion based upon stigma and misconception. This must end, and we hope this litigation can serve as a nail in the coffin of such practices.”

Anna Marie Richmond stated, “It was an honor to represent Ms. Jones, who is an extraordinarily courageous woman, and a privilege to work with the talented and dedicated attorneys from LAC and Housing Works. Hopefully Ms. Jones' case will inspire other institutions to proactively educate their staffs regarding HIV science and the rights of persons living with HIV.”

To learn more about HIV treatment and transmission, you can read “10 Things to Know About HIV Suppression” from the National Institute of Allergy and Infectious Diseases and/or the NYS Department of Health’s HIV/AIDS Basics & Other Resources website.

Ms. Jones was represented by Jennifer Sinton and Diane Johnston for Legal Action Center; Armen H. Merjian, Robert Hupf, and RE Lunderman for Housing Works; and Anna Marie Richmond, Esq. of Buffalo, NY.

*Ms. Betty Jones is identified by pseudonym to protect her from the stigma, discrimination, emotional distress, and hardship that could result from publicly disclosing her identity and HIV status.