Service Animals Policies and Procedures

The ADA defines a service animal as "any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability." There are instances when a service animal may be restricted. In Pool v. Riverside Health Services, a federal court upheld the facilities' restriction of the animal. The ADA authorizes places of public accommodation to impose restrictions if it is a safety requirement.

The "ADA contains no blanket policy mandating the places of public accommodation permitting service animals under all circumstances". (Kincaid, 1966, p.16). With regard to a university/college, there may be possible restrictions of service animals in clinical practica of nursing and health sciences programs, in food services programs, or in laboratories that can pose a safety risk. These exceptions would need to be considered individually to determine whether the dog poses a possible danger, and if other reasonable accommodations can be provided.

Overall, it is the student's responsibility to ensure the safety of the animal and of the team. While legal access rights are afforded to users of assistance animals, with that comes the responsibility of ensuring that the animal behaves and responds appropriately at all times in public and that the partner/handler, as a team, are to adhere to the same socially acceptable standards as any individual in the community.

Portions of this section are adapted or quoted verbatim from the Service Animal Policy of the University of Wisconsin-Madison, Marcia Carlson, and the University of Colorado.

Definitions:

Companion animal - In recent years, these animals have been prescribed as treatment for some disabilities for their calming influence, affections, stability or even a feeling of security. They are not trained and not afforded the legal protections of service animals. Extremely extenuating circumstances in the student's documentation would be necessary to permit a companion animal on campus, and the accommodation is determined on a case by case basis.

A dog in training - A dog being trained; however, it has the same rights as a fully trained dog when accompanied by a trainer and identified as such.

Partner/handler - A person with a service or therapy animal. A person with a disability is called a partner; a person without a disability is called a handler.

Service Animal - Any animal individually trained to do work or perform tasks for the benefit of a person with a disability. Service animals are usually dogs but may be monkeys. A few other animals have been presented as service animals.

Team - A person with a disability, or a handler, and his or her service animal. The two work as a cohesive team in accomplishing the tasks of everyday living.

Therapy Animal - A therapy animal does not assist an individual with a disability in the activities of daily living, and historically they have not been protected by laws for service animals. The use of therapy animals for mental disorders, i.e., agoraphobia has assisted the individual to safely leave the house and participate in community and educational activities. Documentation needs to specifically address the need and training of a therapy animal and is determined on a case by case basis.

Types of Service Dogs (Animals)

Guide dog - Guide dog is a carefully trained dog that serves as a travel tool by persons who are blind or have severe visual impairment.

Hearing dog - Hearing dog is a dog who has been trained to alert a person with significant hearing loss or who is deaf when a sound, e.g., knock on the door, occurs.

Service dog - Service dog is a dog that has been trained to assist a person who has a mobility or health impairment. Types of duties the dog may perform include carrying, fetching, opening doors, ringing doorbells, activating elevator buttons, steadying a person while walking, helping a person up after the person falls, etc. Service dogs are sometimes referred to as assistance dogs.

Sig dog - Sig dog is a dog trained to assist a person with autism. The dog alerts the partner to distracting repetitive movements common among those with autism, allowing the person to stop the movement (e.g., hand flopping). A person with autism may have problems with sensory input and need the same support services from a dog that a dog might give to a person who is blind or deaf.

Seizure response dog - Seizure response dog is a dog trained to assist a person with a seizure disorder; how the dog serves the person depends on the person's needs. The dog may stand guard over the person during a seizure, or the dog may go for help. A few dogs have somehow learned to predict a seizure and warn the person in advance.

Documentation Requirements

The handler of the service animal will be required to meet with the Coordinator of Disability Services for Students, providing the following information for documentation purposes:

Licensing - The animal must meet the licensing requirements of the state of Oregon. (For nonresidents, home state tags may be accepted.)

Health records - The animal must have a health statement, including vaccinations from a license veterinarian dated within the past year. Generally, legitimate assistance animals are well groomed and receive excellent veterinary care, including an annual checkup. A veterinarian's statement within the past 12 to 15 months as to good health is necessary. Preventative measures should be taken at all times for flea and odor control. Consideration of others must be taken into account when providing maintenance and hygiene of assistance animals.

Minimum training standards - Verification that the animal has been individually trained to provide the service/assistance to meet the needs of the student/handler. In Arizona State University Case No. 08-96-2079-B, OCR, rejected a claim because "the student provided no proof to the university or OCR that the dog had been individually trained as required by the ADA."

Identification – It is recommended that the animal wear some type of commonly recognized identification symbol, identifying the animal as a working animal, but not disclosing disability.

Control Requirements

• The animal should be on a leash when not providing a needed service to handler.
• The animal should respond to voice commands at all times, and be in full control of the handler.
• To the extent possible, the animal should be as unobtrusive to other students and the learning environment as possible.

Exclusion for behavior - A service animal may be excluded from the campus when that animal's behavior poses a direct threat to the health and safety of others. Although the campus may exclude any service animal that is out of control, it will give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises (ADA Today, p.4).

Consequences for behavior - When an assistance animal is determined out of control as reported by students, staff or administration, the infraction will be treated on an individual basis. If the animal poses a threat to the safety of other students, Public Safety will be part of the collaboration team to determine the outcome of the behavior. Consequences may include but not be limited to muzzling a barking animal, refresher training for both the animal and the partner, or exclusion from university facilities.

Public Etiquette by Animal

To the extent possible, the animal should/should not:

• sniff people, restaurant tables or the personal belongings of others.
• display any behaviors or noises that are disruptive to others unless part of the service being provided the handler.
• engage in personal grooming in public settings.
• block an aisle or passageway for fire egress.

Public Etiquette to Student with Animal—General public should avoid:

• petting a service animal as it may distract them from the task at hand.
• feeding the service animal.
• deliberately startling a service animal.
• separating or attempting to separate a partner/handler from his/her service animal.
• hesitating to ask a student if she/he would like assistance if there seems to be confusion.

Areas of Safety - As cited above, there are certain instances when it may be considered unsafe for animals in such places as medical facilities, laboratories, mechanical rooms or any other place where the safety of the animal or partner/handler may be threatened.

When it is determined unsafe for the team to be in one of these areas, reasonable accommodations will be provided to assure the student equal access to the activity.

Emergency Situations - In the event of an emergency, the emergency response team (ERT) that responds should be trained to recognize service animals and be aware that the animal may be trying to communicate the need for help. The animal may become disoriented from the smell of smoke in a fire or laboratory emergency, from sirens or wind noise, or from shaking and moving ground. The partner and/or animal may be confused from the stressful situation. The ERT should be aware that the animal is trying to be protective and, in its confusion, is not to be considered harmful. The ERT should make every effort to keep the animal with its partner. However, the ERT's first effort should be toward the partner; this may necessitate leaving the animal behind in certain emergency evacuation situations.

Conflicting Disabilities - It is common for a person to have a disability that precipitates an allergic reaction to animals. Persons making as asthmatic/allergy/medical complaint are to be directed to make that complaint with the Disabilities Services Office. The person making the complaint must show medical documentation to support that complaint. Action will be taken to consider the needs of both persons and to resolve the problem as efficiently and expeditiously as possible. In the event that cannot be resolved, the institution will invoke first-person rights.

First-Person Rights - If the person uses a service animal and is registered in a course or present in a college area, and another person arrives with serious allergies, you cannot remove the first person to accommodate the second person. (Disability Compliance for Higher Education (July 1996) Vol. 1, No. 12, p. 4 & 5).

Disclosure - Service animals are used by individuals with disabilities to facilitate access. What if a student with a service animal does not identify themselves with the Disabilities Services Office? Can you exclude that individual from the campus until they comply with these rules of documentation?

In the absence of case law, the following guidelines will be used until proven otherwise discriminatory:

• As COCC has a general policy excluding animals on campus, a student consistently seen on campus with an animal that is identified by a jacket or some other symbol that it is a service animal, will be advised of the general policy and directed to the Disability Services Office
• If there is any complaint regarding the animal and its behavior, the dean of students will contact the student and, in collaboration with the Disability Services coordinator, inform the student of the policies regarding service animals.
• If the student fails to act in accordance with the above, the student conduct actions will be taken.

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