[Name of] College Policy TEMPLATE Policy on Service Animals (Public Accommodation) Disabilities Services Office / Disabilities Services Coordinator (on line) Approved: date approved, by what body History: any previous approval dates; revisions [links] Related Policies: Campus Pet Policy Student Housing Contract Grievance Procedure Emergency Evacuation from College Buildings Service Animals, Assistance Animals and Emotional Support Animals in College Housing – Policy Other Information: Office/Administrator Responsible: Disabilities Services Office; Disabilities Services Coordinator who is also the College’s Section 504 Coordinator for students. The College’s Section 504 Coordinator is the … [who]. Introduction This policy has been established in support of [Name of] College’s commitment to comply with state and federal laws, rules and regulations pertaining to the Americans with Disabilities Act of 1990, as amended and related laws, rules and regulations, including without limitation Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794), as amended, and MA General Laws chapter 129, section 39F. Scope The scope of this policy is to set forth the college’s policy, guidelines and requirements with respect to the admittance and use of service animals on its campus or in other college programs. The policy applies to any service animal whose user or handler is participating in a college program or who is on the college’s campus. This policy applies to and includes students, employees and third parties. The policy applies to all service animals, including working service animals, service animals in training and service puppies. This policy does not apply to other animals on campus, including pets or Service or Assistance Animals in College Housing. See Related Policies (above) for references to these policies. Policy It is the policy of [Name of] College that service animals assisting individuals with disabilities are generally permitted in all non-residential [Name of] facilities and programs except as described below or otherwise governed by applicable law. Document1 It is the policy of [Name of] College that service, assistance and emotional support animals are permitted only in residential facilities (college housing) as per its Service or Assistance Animals in College Housing Policy or as may otherwise governed by applicable law. 1. User/Handler Responsibilities While access rights are legally afforded to users of service animals, that access is accompanied by the responsibility of ensuring that animals act and respond appropriately at all times while in public and that users/handlers adhere to the same socially accepted standards of behavior as other members of the College community. Users/handlers are responsible for ensuring the safety of their service animals. Control Requirements The service animal must be well behaved, and cannot pose a risk of health or safety to others. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, at all times outside of the handler’s private quarters or work area, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal´s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler´s control (e.g., voice control, signals, or other effective means). We recommend that all service animals be clearly identified as such, either by the use of a harness or identifying vest. The animal must be as unobtrusive as possible. Measures should be taken at all times to maintain flea, tick and odor control. Service animals must be regularly bathed and groomed. The user/handler is responsible for cleaning up after its animal’s waste, and should always carry sufficient and appropriate equipment to clean up after the animal. Waste must be properly disposed of. Persons with disabilities who physically cannot clean up after their own service animal will not be required to do so however these individuals should take their animal to designated relief areas for relief. If an animal relieves itself in non-designated areas, these individuals may ask a person nearby for assistance or notify the appropriate person for the event/program of this circumstance for clean-up assistance. Financial Responsibility A person who has a service animal on campus (including College Housing) is financially responsible for property damage caused by his or her service animal including but not limited to cost of repairs, replacement or cleaning of facilities or furnishings and any bodily injury or personal injury caused to other persons by the service animal. Documentation Requirements for the User/Handler Students requesting accommodation of a service animal must register with Disabilities Services Office and provide documentation as required for any accommodation. See Section (3) below. Document1 Employees should contact the Human Resources Office for information on accommodations and provide documentation as for any accommodation. See Section (4) below. Documentation requirements for the Service Animal The user/handler of the service animal must show proof upon request that the animal has met the following regulations or requirements: Licensing: If the animal is residing on campus it must meet the town of Amherst and or Massachusetts licensing requirements and wear tags designating this license. If the animal accompanies a commuter student, employee or other campus visitor and resides in another locale, the animal must meet the licensing requirements of the user/handler's resident town and wear tags indicating this licensing. Records of animal licenses are to be submitted to the Disabilities Services Office for service animals accompanying employees or students or any visitor in residence at the college. Health/Vaccinations: o All dogs must wear a rabies vaccination tag if required by applicable MA or local law. o All service animals residing or coming onto campus on a regular basis (e.g., excluding occasional visitors or guests) must be vaccinated against diseases common to that type of animal in accordance with state and local laws, rules and regulations. All vaccinations must be current Animals to be housed in College housing must have an annual clean bill of health from a licensed veterinarian. Service Animals in Training/Service Puppies: User/Handler will provide College with evidence that Puppy is a bona fide service dog candidate supplied by an authorized service dog organization, and is one that the service dog organization expects will return for specialized training when the puppy is old enough (i.e. proof that Puppy is not a program dropout and will, in fact, be given up after the raising period is over). Identification: Service animals (including puppies and trainees) shall be reasonably identified to the community by harness or service animal vest or other gear when not in a private or student residence in accordance with the provision stated above under Control Requirements. If there is no identification, college staff may ask if the animal is a working service animal. 2. Relief Areas Relief areas may be designated on an individual basis with the collaboration of the Disabilities Services Office and the College grounds personnel for individuals, events or programs. 3. Students Student questions on service animals or requests to have a service animal accompany a student on campus and in college public access areas are determined through an accommodation request and review process. Students can reach the Disabilities Services Coordinator, by email or phone – 413.559.5423. Five College students taking classes or participating in other activities on campus who have already received a service animal accommodation from their home campus may forward a copy of the accommodation confirmation to the Disabilities Services Coordinator to bypass the review process (i.e., members of Five Colleges will accept the other members’ accommodations). Access to Restricted Areas (see Section 10. below) will be handled as for any other student and students should allow adequate time to process such requests. 4. Employees Document1 Employee questions on service animals or requests to have a service animal at work, shall be handled through the appropriate disability accommodation policy and procedures for employees. Employees may contact the Human Resources Office at 413.559.5411 for information and assistance. 5. Visitors Service animals accompanying individuals with disabilities are welcome in all areas of campus that are open to the public (except in situations determined to apply under section 10, below. Specific questions related to the use of service animals on the campus by visitors can be directed to the Events Office or campus event organizer. Temporary Residents All temporary campus visitors/residents (those attending conferences, workshops, lectures, etc.) must adhere to the guidelines outlined in this policy. 6. Removal of Service Animal from College Facilities or Programs A service animal that is determined to be out of control, for example, a service animal that displays vicious behavior towards people; is disruptive (e.g., barking, running around, nipping, bringing attention to itself); is not housebroken; or is insufficiently cleaned or groomed (e.g., the animal smells or has fleas or ticks) or is not appropriately restrained may be excluded from a college program or facility. The infraction will be treated on an individual basis through the Disabilities Services Office with support or input as may be appropriate from Public Safety and/or Human Resources and/or other offices if needed. If the animal poses a threat to the safety of others, Public Safety will be part of a collaborative team to determine the outcome of the behavior. Consequences may include, but are not limited to, muzzling a barking dog, refresher training for the animal and its partner or exclusion of the animal from College facilities. In the event that a service animal is excluded from College facilities or programs in accordance with applicable ADA regulations, the individual will be responsible for securing comparable services or assistance. 7. Public Etiquette by Students/Staff/Faculty/Administrators on Campus Service animals work, perform tasks and are not pets. Accordingly, the College recommends that members of the [Name of] community adhere to the following best practices when interacting with service animals. Do not pet a service animal while it is working. Service animals are trained to be protective of their partners and petting distracts them from their responsibilities. Always speak to the service animal’s owner/handler first, and ask before interacting with the service animal. Never feed a working service animal. Do not deliberately startle, tease or taunt a service animal. Do not separate or attempt to separate a partner from his/her handler. Ask the service animal’s owner/handler if he/she would like assistance if the team seems confused about a direction in which to turn, an accessible entrance, the location of an elevator, etc. Document1 Never feed service animals alcoholic beverages on or off campus. To do such will result in disciplinary action through the Dean of Students Office or Human Resources. Don’t be offended if the service animal’s owner/handler does not want to discuss the animal, their disability, let you pet the animal or otherwise interact with you. 7. Emergency Situations In the event of an emergency the Emergency Responder/s that respond are expected to recognize service animals and their role in communicating their partners' need for assistance. The partner and/or animal may be confused or disoriented in a stressful situation due to smoke, sirens, wind noise or by shaking and moving ground. The emergency responder/s should be aware that animals may be protective in their confusion and should not be considered harmful. The responder/s will make a reasonable effort to keep the animal with its partner, but may face restrictions from other emergency responders including Fire Departments, local and state police and other emergency responders. 8. Conflicting Disabilities Allergic reactions to animals are common. Persons who have asthma, allergies, or other medical conditions effected by the presence of animals are asked to contact the Disabilities Services Office. The person impacted by the presence of the animal must provide verifiable medical documentation to support their claim. The needs of both persons will be considered in resolving the issue. 9. Restricted Areas The College may prohibit the use of service animals in certain locations due to health or safety hazards, where service animals may be endangered, or where their use may compromise the integrity of research or fundamentally alter the nature of a program or activity. Restricted locations may include, but are not limited to: research laboratories, classrooms with demonstration/research animals present, medical areas, research areas using radioactive materials or lasers, mechanical rooms or custodial closets, workshops with operating machinery, and food preparation areas. The safety of locations will be individually considered by the Disabilities Services Coordinator, the laboratory director or professor, and the College risk management team. If a location is determined to be unsafe, reasonable accommodations will be provided to ensure the individual equal access to the activity. Exceptions to restricted areas may be granted on a case-by-case basis by contacting the Disabilities Services Office. In making its decision, the Disabilities Services Office will consult with the appropriate department and/or laboratory representative regarding the nature of the restricted area and any ongoing research. 10. Complaints, Appeals and Grievances, and Exceptions to the Policy Prior to filing a grievance, a complaint may be brought to the Disabilities Services Coordinator for informal resolution. Prior to filing a grievance, a complaint may be brought to the College’s Section 504 Coordinator or the specific Section 504 coordinator for students for informal resolution. Document1 Any student dissatisfied with a decision concerning the use of a service animal on campus shall be entitled to bring a grievance under the Grievance Procedures for Students with Disabilities. Any employee dissatisfied with a decision concerning the use of a service animal at work is entitled to bring a grievance under the College Employee Grievance Procedures. Any claims of discrimination on the basis of a disability or failure to provide reasonable accommodations regarding the use of a service animal on campus may be brought by any person (student, faculty, staff, visitor) pursuant to the College’s Grievance Procedures. Policy Exceptions Individuals wishing to request a modification or exception to this policy as a reasonable accommodation should be made using the Grievance Procedures. 11. Campus Resources Section 504 Coordinator Director of Human Resources (Disabilities Services Coordinator is deputy for students) Disabilities Services Office Grievance Procedure Disabilities Coordinator/Employment Conference and Event Services (for visitors to campus events) 13. Other Resources U.S. Department of Justice, Information about the Americans with Disabilities Act Town of Amherst – Bylaws for dog licensing Guidance on Service Animals in Public Places Service Dog Etiquette Definitions Service animal means any dog that is 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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Definition is provided by Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794), as amended. Service Puppies and Service Dogs in Training are considered to have the same public accommodation rights as service animals Document1 Assistance or Emotional Support Animals are defined as animals that provide assistance and/or emotional support to its owner/handler. These animals (not limited to dogs) do not meet the ADA definition of a Service Animal [above] but may qualify under the Fair Housing Act. These animals, if approved, are restricted to the student’s housing and may not be permitted in academic building, cafeterias, and other college facilities. The College will consider other animal species on a case-by-case basis in accordance with Federal regulations. Types of Service Dogs Guide dog: A dog that is trained to serve as a travel tool for individuals who are blind or have low vision. Hearing dog: A dog that has been trained to alert deaf persons or those with significant hearing loss, to sounds such as knocks on doors, fire alarms, phone ringing, etc. Service dog (assistance dog): A dog that has been trained to assist a person with 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, assisting a person to get up after a fall, etc. Sig (signal) dog: A dog trained to assist a person with autism. The dog makes a person aware of movements, which may appear distracting to others and are common to those with autism. A person with autism may also have deficits in sensory input and may need service animals to provide similar assistance as is provided to a person who is blind or deaf. Seizure response dog: A dog trained to assist persons with seizure disorders. The method by which the dog serves varies depending on the individual's needs. Some dogs are able to predict seizures and provide advanced warning. Document1