(A)
Purpose
The university is committed to enabling
qualified individuals with disabilities who benefit from being accompanied by a
service animal and/or emotional support animal to enjoy equal benefits to
employment, education, and enjoyment of its services, programs and activities.
Accordingly, the university seeks to ensure accessibility to students, faculty,
staff, and visitors with disabilities, consistent with federal and state law.
The university also wishes to make its outdoor areas available for domesticated
pets that are under a handler's control and whose handlers are respectful of
the rights of others. This rule and the accompanying procedure set forth the
rights and responsibilities of individuals with disabilities who have service
animals and/or emotional support animals, and individuals who wish to bring
domesticated pets on campus.
(B)
Definitions
As used in this rule and any
accompanying procedure(s), the following definitions will apply:
(1)
Direct threat: a
significant risk to the health or safety of oneself or others that cannot be
eliminated by a modification of policies, practices or procedures, or by the
provision of auxiliary aids or services.
(2)
Domesticated pet:
an animal that is a member of a species that normally and customarily shares
human habitat and is normally dependent on humans for food and shelter,
typically dogs and cats.
(3)
Emotional support animal (ESA): an animal that provides
support, assistance or other service, including emotional support, comfort or
therapy that mitigates the impact of a disability. An ESA need not have
specialized training.
(4)
Individual with a disability: a person with a physical
or mental impairment that substantially limits one or more of the major life
activities of such individual.
(5)
Service animal:
dogs (and in some situations, miniature horses) that are individually trained
to do work or perform tasks for the benefit of an individual with a disability,
including a physical, sensory, psychiatric, intellectual, or other mental
disability. For the purposes of this definition, work and tasks do not include
the provision of emotional support, well-being, comfort or companionship. The
work or tasks performed by a service animal must be directly related to the
individual's disability. Tasks performed by a service animal may include but
are not limited to assisting the blind and visually impaired; alerting
individuals who are deaf or hard of hearing; pulling a wheelchair; assisting
during a seizure; retrieving medicine; and assisting with
balance.
(6)
Service animal in training: an animal that is being
trained to do work or perform tasks for the benefit of an individual with a
disability, including a physical, sensory, psychiatric, intellectual, or other
mental disability.
(7)
Therapy animal: an animal that:
(a)
has received
training appropriate for animal assisted therapy ("AAT") as evidenced by
receipt of the canine good citizen ("CGC") certificate from the American kennel
club ("AKC"), or registration by a national therapy animal organization, such
as the delta society or therapy dogs international and
(b)
is used by a
health care or mental health professional in a therapeutic setting. A therapy
animal is not a service animal.
(C)
Service
animals
(1)
Individuals with disabilities are permitted to be accompanied by an approved
service animal at all indoor and outdoor locations on property owned, leased or
maintained by the university where members of the public, participants in
services, programs or activities, and other campus visitors are permitted to be
present, provided that the animal is under the handler's control. A handler's
control of the animal typically requires a harness, leash that is less than six
feet in length, or other tether, unless the use of such restraint would
interfere with the animal's safe, effective performance of work or tasks. In
such instances, the service animal must be otherwise under the handler's
control (e.g., by voice controls, signals or other effective
means).
(2)
Exceptions: The university may ask an individual with a
disability to remove a service animal from campus if:
(a)
The animal is out
of control and the animal's handler does not take effective action to control
it;
(b)
The animal is not housebroken; or
(c)
The animal poses
a direct threat to the individual or others.
(3)
If a service
animal is removed under the provisions of paragraph (C)(2) of this rule, the
individual with a disability shall be given the opportunity to participate in
the service, program, or activity without having the service animal on the
premises.
(4)
The university is not responsible for the care or
supervision of a service animal. If a service animal is removed under paragraph
(C)(2) of this rule, the individual with a disability is responsible for
arranging for the animal's care and supervision.
(5)
The same rights
and responsibilities set forth in this rule also apply to any service animals
in training, provided that the animal wears a collar and leash, harness, or
cape that identifies the animal as a service animal in
training.
(D)
Emotional support animals
(1)
In addition to
the rights to have service animals, as discussed in paragraph (C) of this rule,
a resident of university housing with a disability may be permitted to have an
emotional support animal (ESA) as a reasonable accommodation that is necessary
to afford the individual equal opportunity to use and enjoy a dwelling, or to
participate in the housing service or program. The right to have an ESA is
conditioned on advance approval from the office of accessibility services and
compliance with university procedures pertaining to ESAs.
(2)
An individual
with an approved ESA may only have the animal in his/her housing unit, in
designated areas where the animal can relieve itself, and (when applicable) in
other areas where the ESA has been approved as a reasonable accommodation. The
University may remove an ESA from any other area, including outside areas of
campus where animals are not otherwise permitted. When the ESA is outside the
housing unit or another permissible location, it must be in an animal carrier
or controlled by a leash or harness.
(E)
Surcharges/damage
fees
The university will not require any
individual with an approved service animal or emotional support animal to pay
any additional fee, deposit, insurance or other surcharge, even if people
accompanied by pets are required to pay such fees, or to comply with other
requirements generally not applicable to people without pets. However, the
university may require such individuals to pay for damages caused by their
animals beyond reasonable wear and tear to the same extent that it charges
other individuals for damages beyond reasonable wear and tear.
(F)
Therapy animals
The university counseling and health
clinic or its equivalent may use therapy animals when doing so is consistent
with best treatment practices and conforms with professional standards. Therapy
animals may also be used for classes or demonstrations on campus with advance
notice to and approval from the appropriate vice president or dean, as
applicable.
(G)
Domesticated pets
Domesticated pets typically include
dogs and cats. Other species of pets may be permitted on the outdoor premises
of university property with the written approval of the director of public
safety or his/her designee.
Domestic pets that are leashed shall be
permitted in open outdoor areas of campus, except as noted below. Domestic pets
that are not service animals, emotional support animals, or otherwise approved
as an accommodation for an individual's disability, shall not be permitted
inside university owned, leased, or controlled buildings. Domestic pets shall
not be permitted on outdoor athletic playing fields owned, leased or maintained
by the university, irrespective of whether the playing field is then in use.
Domestic pets may be removed from an organized outdoor performance,
presentation, or event, when the organizer of such event determines that the
animals' presence is or is likely to be disruptive.
(H)
Special events
and circumstances
With the approval of the director of
public safety or a vice president, animals shall be allowed on campus for
special events and circumstances, including but not limited to K-9 law
enforcement demonstrations, other law enforcement investigations, bedbug
detection, and animal shelter visits.
(I)
Service animals
in training
The university may enter into one or
more agreements with recognized organizations that provide training of service
animals. Such agreements may set forth requirements for individuals on campus
who work with service animals in training as volunteers or
otherwise.
(J)
Compliance with laws and policies
The owner of any animal on campus must
comply with current city, county, and state ordinances, laws, and regulations
pertaining to licensing, vaccination, and other requirements for animals. The
animal owner is responsible for knowing and understanding these ordinances,
laws, and regulations. The university has the right to require documentation of
compliance with such ordinances, laws, and regulations, which may include proof
of licensure and/or vaccination.
Replaces: 3362-5-43
