In accordance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and other applicable federal and state law, the College may be required to accommodate an otherwise qualified individual with a disability by making a reasonable modification in its services, programs, or activities. This policy addresses the use of Service Animals and other animals on campus.
North Carolina law (N.C.G.S. 168-4.2) imposes a similar requirement, and further provides that a Service Animal-in-Training may be brought onto the premises of entities that serve the public “for the purpose of training when the animal is accompanied by a person who is training the animal. The service animal wears a collar and leash, harness, or cape that identifies the animal as a service animal in training.” In addition, North Carolina law prohibits any fee for the use of the service animal and any attempt to obtain access for an animal under the false pretense as a Service Animal.
Definitions
Service Animal - an animal 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. 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 nonviolent 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. Service Animals may or may not have been licensed by a state or local government or a private agency. Service Animals are limited to service dogs and, in some cases, miniature horses.
Emotional Support Animal - an animal selected or prescribed to an individual with a disability by a healthcare or mental health professional to play a significant part in a person’s treatment process (e.g., alleviating the symptoms). An emotional support animal does not assist a person with a disability with activities of daily living and does not accompany a person with a disability at all times. An emotional support animal is not a “Service Animal.”
Service Animal-in-Training - animals that are being 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.
Animals On Campus
Pets are not permitted on campus and may not be left in vehicles on College property. There are occasions when a student or employee may need to bring an animal onto campus for the purpose of meeting an educational objective. Such requests should be made to the appropriate Dean prior to the animal being allowed onto campus.
Subject to the rules set forth in section IV and V below, Emotional Support and Service Animals are permitted in any area of campus where employees or students are permitted, with a few exceptions for health and safety reasons (i.e., areas that must adhere to certain required sanitation rules, such as campus culinary and health sciences programs and third-party clinical partners).
Procedures Regarding Service/Emotional Support Animals
A. Responsibilities of the Service/Emotional Support Animal Owner/Handler
- Registration
Service Animals - Students and employees are not required to register Service Animals. However, they are strongly encouraged to notify the Disability Services Office (students) or the Office of Human Resources (employees) if they intend to use a Service Animal on campus so that appropriate College officials are aware of the animal’s presence and to assist with the Service Animal’s access to areas within the College’s campus. Logistical or physical accommodations within campus buildings or classrooms may be necessary to ensure that a Service Animal has the space necessary to assist its handler. In addition, there are other disability-related academic accommodations a student handler may be eligible to request to ensure full access to the learning experience. Visitors with Services Animals are not required to register their animals.
Emotional Support Animals - Students requesting the use of an Emotional Support Animal as an accommodation for disability must provide appropriate documentation from a licensed healthcare professional to the Disability Services Office. Employees requesting use must provide documentation to the Human Resources Office. Notice in advance is required to allow review and verification of student along with verification of all vaccinations and the health of the animal including all the necessary licensing. Any potential impact on others or the activity will be evaluated including possible effect on persons with allergies to animal hair or dander.
- Care and Supervision
- The care and supervision of a Service/Emotional Support Animal is the responsibility of the animal’s owner and/or handler. The handler must ensure the animal is in good health and has been inoculated and licensed in accordance with local regulations with the burden of proving licensure and inoculation on the person with a disability. Dogs must wear a rabies tag at all times.
- The Service/Emotional Support Animal must be under the control of the handler at all times and may not be left alone. A Service/Emotional Animal must be restrained by a leash that does not exceed six (6) feet in length or other appropriate device dependent on the animal (i.e., carriers or cages). In situations where a leash or other appropriate device interferes with a Service Animal’s ability to perform its task or service, the Service Animal must remain under the control of the handler at all times.
- The owner/handler of the Service/Emotional Support Animal is responsible for any damage of personal or college property or any injuries to an individual caused by the Service/Emotional Support Animal.
- The handler must ensure the animal is “housebroken” and trained. The handler must clean up and remove all animal waste created by the animal both inside campus buildings and outdoors on campus property.
- The Service/Emotional Support Animal may not disrupt the operation of the College or any class. Disruptions include but are not limited to barking, growling, pacing/constant motion, foul odor, pawing, and/ or sniffing of others. It is the assumption of the college that all Service/Emotional Support Animals on campus are “working” animals and therefore should not be treated as a pet. There should be no petting by others and no handling by others.
B. Responsibilities of the College Community
Service Animals
If the need for a Service Animal is obvious, College officials may not question the presence of the animal on campus. If the need for a Service A nimal is not obvious, College officials are permitted to ask the handler two questions:
- Is the animal required because of a disability?
- What work or task(s) has the animal been individually trained to perform?
At no time may a College official require a Service Animal to demonstrate the tasks for which they have been trained, nor may they inquire as to the nature of the individual’s disability.
If another person on campus has a covered disability under the Americans with Disabilities Act and it includes an allergic reaction to animals and that person has contact with a Service Animal, a request for accommodation should be made by the individual to the Director of Human Resources (if an employee) or the Disability Services Office (if a student). All facts surrounding the concern will be considered in an effort to resolve the concern and provide reasonable accommodation for both individuals.
Emotional Support Animals
The determination of whether a student or employee with a disability is allowed to have an Emotional Support Animal on campus shall be made on a case-by-case basis. Students and employees may request, as a reasonable accommodation for a disability, the need to have an Emotional Support Animal on campus. The College is not required to grant reasonable accommodations that would result in a fundamental alteration of a program, create an unsafe environment, or constitute an undue burden. Any requests for a reasonable accommodation for an Emotional Support Animal shall be directed to the Disability Service Office (students) or the Office of Human Resources (employees).
The following documentation is required in all requests for accommodations that include an Emotional Support Animal:
- A diagnostic statement describing the disability.
- A clear description of the current impact and functional limitations resulting from the disability.
- A statement indicating that the Emotional Support Animal has been prescribed for treatment purposes.
- A statement indicating that the Emotional Support Animal is necessary to help alleviate symptoms associated with the identified disability or condition so to enable access and/or participation in a campus-based activity.
- A description of the service(s) that the animal will provide.
- Any additional rationale or statement to support the accommodation.
- The healthcare professional’s signature and contact information, including licensing identification
C. Removal of Service/Emotional Support Animals
The College has the authority to remove a Service/Emotional Support Animal from its facilities or properties if the Service/Emotional Support Animal becomes unruly or disruptive, unclean and/or unhealthy, and to the extent that the animal’s behavior or condition poses a direct threat to the health or safety of others or otherwise causes a fundamental alteration in the College’s services, programs, or activities. Removal shall be decided on a case-bycase basis, based on that specific situation.
In appropriate situations, the College will use a progressive model beginning with a warning for a first offense and removal (either temporarily or permanently) for additional offenses. However, dependent on the severity of the situation, the first offense could result in a temporary or permanent removal.
It is a Class 3 misdemeanor “to disguise an animal as a service animal or service animal in training” (N.C.G.S. § 168-4.5). In other words, it is a crime under North Carolina law to attempt to obtain access for an animal under the false pretense that it is a Service Animal. Additionally, any employee or student who violates any portion of this procedure is subject to disciplinary action.
June 13, 2022
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