The University of Alabama at Birmingham Guidelines for Students Utilizing Service and Assistance Animals The University of Alabama at Birmingham (UAB) recognizes the importance of Service and Assistance Animals (SAA) to individuals with disabilities, and is committed to allowing the use of SAA to facilitate equal access to university programs and activities for individuals with disabilities. Set forth below are specific guidelines established by UAB regarding the appropriate use of and protocols associated with SAA. These guidelines are meant to ensure that individuals with disabilities who require the use of SAA receive the benefit of the work or tasks performed by such animals, or the therapeutic support they provide. It is the expectation that all members of the UAB community, including students, faculty, and staff, follow the guidelines outlined below. UAB reserves the right to amend these guidelines as necessary. Animal Control Guidelines The UAB Department of Occupational Health and Safety is responsible for promulgating health and safety standards for students, faculty, staff and campus visitors. OH&S has established the following guidelines regarding animal control, subject to the guidelines set forth below for accommodating individuals with disabilities: Animals shall not be brought onto the UAB campus unless they are under the complete control of the owner and present no hazard to people. Animals are not permitted in any UAB building even though leashed, except for any animal defined as a service animal, animals involved in research projects, or as otherwise set forth herein. Animals may not be tethered on campus. Animals, including dogs and cats, found running at large or without evidence of current rabies vaccination are subject to confinement in a local animal shelter. Complaints concerning animals in UAB buildings or running loose on campus should be reported to UAB Pest Control Services at 205-934-4126. Concerns related to dead animals on the UAB campus should be referred to Campus Services and Grounds at 205-934-3725. Birmingham Municipal Ordinances may also apply. Service Animals Definition A service animal is defined by the Americans with Disabilities Act (ADA) as any dog1 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. 1 ADA revised regulations include a separate provision regarding miniature horses which have been trained to do work or perform tasks for individuals with disabilities. Entities covered by the ADA must modify their policies to permit miniature horses when reasonable. 1 Examples of such work or tasks include, but are not limited to, guiding people who are blind, alerting people who are deaf, pulling a wheelchair, providing physical support and assistance with balance to individuals with mobility impairments, alerting and protecting a person who is having a seizure, reminding a person to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. The work or task a service animal has been trained to provide must be directly related to the person’s disability. Assistance animals, therapy animals and companion animals are not service animals under the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of these guidelines. 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. Position Statement As a general rule, UAB will modify policies, practices, and procedures to permit the use of a service animal by an individual with a disability. Service animals are exempt from the university’s policy of no animals on campus and are generally permitted in all facilities and programs on the UAB campus that are open to the public or to students except as described below. License or Documentation A service animal does not have to be licensed or certified as a service animal. UAB officials may, however, appropriately ask the individual to answer: a) whether the service animal is required because of a disability, and b) what work or task(s) the animal is trained to perform. Service Animals in UAB Non-Residential Facilities Students who use a service animal in UAB facilities are not required, but are strongly encouraged, to contact UAB Disability Support Services (DSS), who can assist in making recommendations on how the student can handle inquiries. It is helpful for DSS to know the type of service animal, a description of the service animal (e.g. weight, breed, etc.), and the animal's name. Visitors. Service animals accompanying individuals with disabilities are welcome in all areas of campus that are open to the public, except as otherwise prohibited in this policy. Specific questions related to the use of service animals on the UAB campus by visitors can be directed to DSS (contact information below). Assistance Animals Definition An assistance animal is defined as an animal that has been recommended by a healthcare or mental health professional to provide emotional support to persons with disabilities who have 2 a disability-related need for such support. Assistance animals include species other than dogs, with or without training, and animals that provide emotional support. An assistance animal is not a service animal. Unlike a service animal, an assistance animal does not assist a person with a disability with activities of daily living, nor does it accompany a person with a disability at all times. Position Statement As a general rule, assistance animals are permitted in the following instances: 1) a student may have their assistance animal in the classroom if it has been approved by DSS as a reasonable accommodation and 2) an assistance animal may be permitted to reside with a student in UAB residential facilities (see “Animal Guidelines for UAB Residential Facilities” for more information). Assistance animals are generally not allowed to accompany their owner to other areas or buildings on campus. However, students with disabilities may request approval for the use of assistance animals as a reasonable accommodation by contacting DSS (contact information below). Assistance Animals in UAB Non-Residential Facilities Students wishing to bring an assistance animal on to campus should contact DSS to request accommodations. It is helpful for DSS to know the type of assistance animal, a description of the assistance animal (e.g. weight, breed, etc.), and the animal's name. Guidelines and Requirements for Service / Assistance Animals Verification of Disability and Need for SAA Where it is not readily apparent that an animal is a SAA and the person has indicated that there is a need for the animal, DSS may require sufficient information and documentation to determine whether the animal qualifies as a SAA under applicable law. The documentation must be provided on the letterhead of a treating, licensed physician or mental health provider, and permit DSS to determine 1) that the individual has a disability for which the animal is needed, and 2) the relationship between the individual’s disability and the assistance that the animal provides. Questions regarding documentation needed for SAA should be submitted to DSS. When a SAA May be Prohibited or Asked to Leave In certain situations discussed below SAA may not be permitted, or UAB may ask that the animal leave a UAB facility or program. In those instances, the individual with a disability will be given the opportunity to participate in the service, program, or activity without having the SAA on the premises. SAA must follow appropriate animal behavior in public settings. The animal must not be allowed to sniff people, tables in eating areas, food, or the personal belongings of others; 3 must not initiate contact with someone without the handler / owner’s direct permission; must not display any disruptive or aggressive behaviors or noises such as barking, whining, growling, or rubbing against people; must not block an aisle or passageway. SAA must not engage in unacceptable or disruptive behavior. If an animal does engage in unacceptable behavior, the handler / owner is expected to use proper training techniques to correct the behavior. UAB may ask an individual with a disability to remove a service / assistance animal from the premises if the animal is out of control and the animal´s handler / owner does not take effective action to control it. UAB may bar the animal from the facility until significant steps (such as additional training for the animal and handler) are taken to mitigate the behavior. UAB may ask an individual with a disability to remove a SAA from the premises if the animal is not housebroken. SAA may be excluded in areas where the presence of the animal fundamentally alters the nature of a program or activity or poses a direct threat to the health or safety of others. Examples may include, but are not limited to, medical facilities, research labs, areas requiring protective clothing, food preparation areas, mechanical rooms, areas with sharp objects on the floor or protruding from a surface, or any other place where the safety of the individual or the animal may be threatened. Responsibilities for Individuals Using SAA The handler / owner is solely responsible for the care and supervision of the SAA, which includes but is not limited to: maintaining full control of the animal at all times, the cost of care, the well-being of the animal, ensuring cleanup of the animal’s waste, and any damage to persons or UAB property caused by the animal. The handler / owner is financially responsible for the actions of the SAA including, but not limited to, bodily injury or property damage. The handler / owner’s responsibility covers, but is not limited to, replacement of furniture, carpet, window, wall covering, and the like. UAB reserves the right to seek indemnification from the handler / owner for any financial damages, attorneys’ fees, or costs accrued by UAB that result from the SAA. Infraction of any of the following behaviors or policies may result in the exclusion of the SAA from campus property: Compliance with City Ordinances/Laws. All individuals must abide by current city ordinances / laws pertaining to licensing and vaccination requirements for SAA. It is the responsibility of the handler / owner of the animal to be familiar with these ordinances and / or laws, some of which are noted below. Immunization. Pursuant to Ala. Code § 3-7A-2, as applicable, a SAA must be immunized for rabies when three months of age and annually thereafter. Proof of such immunization is 4 required. Current rabies vaccination tags must be attached to a collar or harness worn by the animal. Control. SAA shall be under the full control of the handler / owner at all times. A SAA shall have a harness or leash. If the handler / owner is unable because of a disability to use a harness, leash, or other tether, or if the use of a harness, leash, or other tether would interfere with the animal´s safe, effective performance of work or tasks, then the animal must be otherwise under the handler / owner’s control (e.g., voice commands, signals, or other effective means). The care and supervision of the animal is the responsibility of the handler / owner. Hygiene and Cleanliness. SAA must be clean. Daily grooming and occasional baths should be utilized to keep animal odor to a minimum. Adequate flea prevention and control must be maintained. If the animal’s odor is offensive to other individuals, the handler / owner will be directed to bathe the animal prior to returning to the facility. Repeated occurrences may result in the animal being temporarily barred from the facility until steps are taken to comply with the guidelines regarding cleanliness. Cleanup Rule. Handlers / owners must clean up after the animal and appropriately dispose of waste, unless they are unable to do so because of a disability. If a disability prevents the handler / owner from cleaning up after the animal, this information must be provided to DSS if a student, Human Resources Employee Relations AWARE Coordinator if an employee, or the ADA/504 Compliance Officer for all other circumstances. These offices will work with the individual on reasonable modifications to this rule. Health. SAA are expected to be in good health. Animals to be housed in UAB residential facilities must have documentation from a licensed veterinarian dated within the past year stating that the animal is in good health and has been immunized against diseases common to that type of animal. This documentation should be submitted to Disability Support Services (contact information below) prior to the move-in date each year. Animal Guidelines for UAB Residential Facilities Position Statement For health and safety reasons, pets are prohibited in the residence halls. Students possessing a pet in the residence halls will be asked to remove it. If the pet is not removed within 24 hours, disciplinary and / or contract action will be taken. Additionally, the student may be assessed for any pest control or cleaning costs. As a general rule, UAB Student Housing & Residential Life will make reasonable accommodations to modify rules, policies, and practices as necessary for students with disabilities utilizing SAA. 5 Obtaining Approval for SAA to Reside in Housing Approval to possess a SAA in UAB residential facilities may not be granted if the animal poses a direct threat to the health and safety of others; would cause substantial physical damage to the property of others; would pose undue financial and administrative burden; or would fundamentally alter the nature of UAB housing operations. Students wishing to request a SAA in UAB residential facilities should notify DSS (contact information below) within a reasonable amount of time (at least 60 days is preferred so the needs of the student and animal can be considered when housing assignments are made) before the desired move-in date so that UAB can best accommodate the student and the animal. Service Animals The request to keep a service animal in UAB residential facilities will be reviewed according to the definitions outlined in this policy. Students wishing to reside in UAB residential facilities with their service animal are strongly encouraged to contact Disability Support Services prior to the move-in date so that DSS may work with UAB Student Housing & Residential Life to accommodate the student and the animal. Assistance Animals The request to keep an assistance animal in UAB residential facilities will be reviewed by DSS to determine whether: 1) the request constitutes a reasonable accommodation for a student with a documented disability, 2) the animal is necessary to afford the person with a disability an equal opportunity to use and enjoy University Housing, and 3) there is an identifiable relationship between the disability and the assistance the animal provides. DSS may request supporting documentation as outline above (refer to page 3). If a student is granted permission to have an assistance animal in UAB residential facilities, the animal may be restricted to only housing areas, and may not be allowed in other campus facilities or on campus grounds at large. As stated above, students approved to reside in UAB residential facilities with a SAA should submit documentation to DSS from a licensed veterinarian dated within the past year stating that the animal is in good health and has been immunized against diseases common to that type of animal. Guidelines for Faculty, Staff, Students, and Other Members of the UAB Community Members of the UAB Community are advised to abide by the following practices: Do not inquire for details about the individual's disability. The nature of a person's disability is a private matter. Allow the individual to have a service / assistance accompany him / her at all times and in all places on campus, except where animals are specifically prohibited. 6 Do not pet a service or assistance animal. It distracts them from the task at hand, and service animals can be very protective of their handler / owner. Do not feed a service or assistance animal. Do not deliberately startle, tease, or taunt a service or assistance animal. Do not separate or attempt to separate an individual from his / her service or assistance animal. If you have questions about the presence of an animal on campus, please contact Disability Support Services (contact information below). Students who fail to follow the guidelines outlined within this document may be subject to the UAB Code of Non-Academic Conduct. Conflicting Disabilities Individuals with medical conditions that are affected by animals (examples include respiratory diseases, asthma, severe allergies, etc.) who have a health or safety concern about exposure to a SAA are asked to contact DSS (if a student) or Human Resources Employee Relations AWARE Coordinator (if an employee). The individual will be asked to provide medical documentation that identifies the condition(s) and the need for an accommodation. Action will be taken to consider the needs of both parties and to resolve the problem as efficiently and expeditiously as possible. Grievance Procedure A student who wishes to grieve or file a complaint about a decision or action taken by DSS should be directed first to DSS. If DSS staff members cannot provide information and suggestions that resolve an issue, a meeting with the student, the instructor (if appropriate), a DSS staff member, and the Director of DSS may be requested. If an agreement is not reached at this point, the student may file a formal, written appeal. The appeal should clearly describe the complaint in detail, and should be submitted as a confidential document to: Executive Director of Retention Initiatives and Academic Engagement 936 19th St. South Birmingham, AL 35205 Students who believe the university or university representatives have violated or potentially violated the ADA should report this claim to the university ADA/504 Compliance Officer. The ADA/504 Compliance Officer for UAB is the Assistant Vice President for Student Life, Mr. Andy Marsch (contact information below). 7 Contact Information Students with questions about having their SAA at UAB UAB Disability Support Services Allison Solomon, Director 9th Ave Office Building, Suite 100 205-934-4205 www.uab.edu/dss dss@uab.edu or asolomon@uab.edu Employees with questions regarding service animals at work UAB Human Resources Employee Relations Sherrie Moultrie, AWARE Coordinator 701 20th St S 205-934-4458 srmoult@uab.edu Faculty / Staff with questions about students’ accommodations / students who have an animal in class UAB Disability Support Services Allison Solomon, Director 9th Ave Office Building, Suite 100 205-934-4205 www.uab.edu/dss dss@uab.edu or asolomon@uab.edu Reporting an animal in housing that is disruptive or poses a threat to safety UAB Student Housing and Residential Life Jennifer Griffin, Assistant Director 205-934-2092 www.uab.edu/students/housing griffinj@uab.edu studenthousing@uab.edu Reporting an animal elsewhere on campus that is disruptive or poses a threat to safety UAB Dept. of Occupational Health & Safety Emergency Management & Safety Randy Pewitt, Executive Director 933 19th St S, Suite 445 205-934-7415 www.uab.edu/ohs rpewitt@uab.edu Reporting a concern about disability discrimination or harassment ADA / 504 Compliance Officer Andy Marsch, Asst VP for Student Life 1715 9th Ave S 205-934-4175 marsch@uab.edu 8