Service Animals on Campus
SUNY Jefferson
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Service Animals on Campus

 

RESOLUTION NO.                XXX-11
DATE:                                     XXX X, 2011
SUBJECT:                             SERVICE ANIMALS ON CAMPUS

BE IT RESOLVED, that the Jefferson Community College Board of Trustees hereby adopts the following policy with regard to service animals on campus.

PURPOSE:

Jefferson Community College is committed to providing reasonable accommodations to persons with disabilities and fulfilling its responsibilities under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act Amendments Act (ADAAA) of 2008.  This policy governs the use of service animals on campus by persons with disabilities.

POLICY STATEMENT

Persons with disabilities may be accompanied by working service animals on the campus of Jefferson Community College consistent with the Code of Federal Regulations (CFR) § 35.136 and the provisions of this policy.

 

SERVICE ANIMALS ON CAMPUS SPECIFIC PROVISIONS

 

DEFINITIONS UNDER ADAAA

  1. Disability:  A physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment.

  2. Individual with a disability: A person who has a physical or mental impairment that substantially limits one or more major life activities and/or major bodily functions.

  3. Partner/Handler: A person with a disability is called a partner; a person without a disability is called a handler. 

  4. Service animal:  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 handler'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.

 MINIATURE HORSE EXCEPTION

  1. Reasonable modifications: Jefferson Community College shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.

  2. Assessment factors: In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, Jefferson Community College shall consider—
     
    1. The type, size, and weight of the miniature horse and whether the facility can accommodate these features;

    2. Whether the handler has sufficient control of the miniature horse;

    3. Whether the miniature horse is housebroken; and

    4. Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

  3. Requirements which apply to service animals, shall also apply to miniature horses.

SERVICE ANIMAL USE ON CAMPUS

  1. Visitors to campus with service animals may access all public facilities, with the exception of areas where service animals are specifically prohibited due to safety or health restrictions or where the service animal may be in danger.

  2. Students with a disability who wish to utilize a service animal in the classroom are strongly encouraged to register with the Disabilities Specialist.

  3. Employees with a disability who wish to utilize a service animal in the classroom or College office are strongly encouraged to register with the Affirmative Action Compliance Officer.

  4. Service animals on campus must comply with all state and local licensure and vaccination requirements.

  5. The care and supervision of a service animal is the responsibility of the individual who uses the animal’s service. The individual must maintain control of the animal at all times.  The animal should always be on a leash, harness or other tether, 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.

  6. The individual using the animal’s service is responsible for ensuring the cleanup of all animal waste. All service animals must be housebroken.  College Grounds/Maintenance may designate animal toileting areas.

REMOVAL OF SERVICE ANIMAL

A service animal may be removed from College grounds or facilities if it is disruptive (e.g. barking, wandering, displaying aggressive behavior) and the behavior is outside the duties of the service animal. Ill, unhygienic, and/or unsanitary service animals are not permitted in public campus areas. The individual responsible for such an animal may be required to remove the animal.

RESTRICTED AREA

The College may prohibit the use of service animals in certain locations due to health or safety restrictions or where service animals may be in danger.

INTERACTING WITH SERVICE ANIMALS BY GENERAL PUBLIC

Service animals work and perform tasks and are not pets.  The general public should not:

  • touch or feed a service animal;
  • deliberately distract or startle a service animal;
  • separate or attempt to separate a service animal from the individual using the animal’s service.

POLICY EXCEPTIONS

Individuals wishing to request a modification or exception to this policy as a reasonable accommodation should contact the Affirmative Action Compliance Officer.

DISPUTE RESOLUTION

Disputes or disagreements about a disability determination, appropriateness of an accommodation, service quality, or an animal restriction should first be raised with the Disabilities Specialist. If the matter cannot be resolved, a written complaint can be filed with the College’s ADA Compliance Officer.

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