Service Animal Policy2011

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[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.
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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
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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
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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
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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.
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