Chapter 6 Facilities Management

6.44 Animals on Campus

Procedure 6.44.1 Service Animal Procedure

 

Part 1: Inquiries Regarding Service Animals
In general, the College will not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. The College may ask:

1. If the animal is required because of a disability and;
2. work or task the animal has been trained to perform.

The College cannot require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, the College may not make any inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability. (e.g. the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability.)

Specific questions related to the use of service animals on the College campus can be directed to the Dean of Student Services or the Chief Human Resources Officer.   

Part 2: Responsibilities of Handlers
Students who wish to bring a service animal to campus are strongly encouraged to partner with the appropriate Student Services Coordinator, especially if other academic accommodations are required. Staff and faculty with service animals are encouraged to contact Human Resources.

Handlers are responsible for any damage or injuries caused by their animals and must take appropriate precautions to prevent property damage or injury. The cost of care, arrangements and responsibility for the well-being of a service animal are the sole responsibility of the handler at all times.  

Part 3: Service Animal Control Requirements

1. The animal should be on a leash when not providing a needed service to the handler.
2. The animal should respond to voice or hand commands at all times, and be in full control of the handler.
3. To the extent possible, the animal should be unobtrusive to other individuals and the learning, living, and working environment.
4. Identification – It is recommended that the animal wear some type of commonly recognized identification symbol, identifying the animal as a working animal, but not disclosing disability.

Part 4: Animal Etiquette
To the extent possible, the handler should ensure that the animal does not:

1. Sniff people, dining tables, or the personal belongings of others.
2. Display any behaviors or noises that are disruptive to others, unless part of the service being provided to the handler.
3. Block an aisle or passageway for fire egress.

Part 5: Waste Cleanup Rule
Cleaning up after the animal is the sole responsibility of the handler. In the event that the handler is not physically able to clean up after the animal, it is then the responsibility of the handler to hire someone capable of cleaning up after the animal. The person cleaning up after the animal should abide by the following guidelines:

1. Always carry equipment sufficient to clean up the animal’s feces whenever the animal is on campus.
2. Properly dispose of waste and/or litter in the appropriate containers.

Part 6: Removal of Service Animals
Service Animals may be ordered to be removed by the Physical Plant Supervisor or Student Services Coordinator for the following reasons:

1. Out of Control Animal: A handler may be directed to remove an animal that is out of control and the handler does not take effective action to control it. If the improper animal behavior happens repeatedly, the handler may be prohibited from bringing the animal into any college facility until the handler can demonstrate that s/he is taken significant steps to mitigate the behavior.
2. Non-housebroken Animal: A handler may be directed to remove an animal that is not housebroken.
3. Direct Threat: A handler may be directed to remove an animal that the College determines to be a substantial and direct threat to the health and safety of individuals. This may occur as a result of a very ill animal, a substantial lack of cleanliness of the animal, or the presence of an animal in a sensitive area like certain laboratories or mechanical or industrial areas.

When a service animal is properly removed pursuant to this procedure, the Dean of Student Services or Human Resources will work with the handler to determine the reasonable alternative opportunities to participate in the service, program, or activity without having the service animal on the premises.

Part 7: Conflicting Disabilities
Some people may have allergic reactions to animals that are substantial enough to qualify for disabilities. The College will consider the needs of both persons in meeting its obligations to reasonably accommodate all disabilities and to resolve the problem as efficiently and expeditiously as possible. Students requesting allergy accommodations should contact the the appropriate Student Services Coordinator. Staff and Faculty requesting allergy accommodations should contact Human Resources.

Part 8: Service Dogs in Training
A dog being trained has the same rights as a fully trained dog when accompanied by a trainer and identified as such in any place of public accommodation. Handlers of service dogs in training must also adhere to the requirements of service animals and are subject to removal policies as outlined in this procedure.

Part 9: Appeals and Grievances
Any person dissatisfied with a decision concerning a Service Animal may appeal by following these steps:

1. Written or emailed complaint should be filed with the Dean of Students or the Chief Human Resources Director within 30 days of the date of the decision.
2. If an agreeable informal resolution is not reached, a complaint should be filed under the Equal Opportunity and Nondiscrimination Policy to the Designated Officer.
3. A complaint may be filed directly with the U.S. Department of Education, Office for Civil Rights, by calling 800-421-3481 (voice) 800-877-8339 (TTY) or the Minnesota Department of Human Rights by calling 800-657-3704 (voice) or 800-627-3529 (MRS/TTY). The statute of limitations for filing a complaint with OCR is 180 days from the time the incident occurred.

Part 10: Public Etiquette toward Service Animals
It is okay to ask someone if she/he would like assistance if there seems to be confusion, however, faculty, staff, students, visitors and members of the general public should avoid the following:

1. Petting an animal, as it may distract them from the task at hand.
2. Feeding the animal.
3. Deliberately startling an animal.
4. Separating or attempting to separate a handler from his/her animal.

Part 11: Definitions
Handler: A person with a disability that a service animal assists or personal care attendant who handles the animal for a person with a disability.

Service Animal: Any dog* 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 and meets the definition of “service animal” under the Americans with Disabilities Act (“ADA”) regulations at 28 CFR 35.104. The work or tasks performed must be directly related to the individual’s disability.

Examples 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 purpose of this definition.

*Under particular circumstances set forth in the ADA regulations 28 CFR 35.136(i), a miniature horse may qualify as a service animal.

Pet: A pet is an animal kept for ordinary use and companionship. A pet is not considered a service animal. Pets are not permitted in the facilities of the College and any pets on the grounds of the College must be under appropriate restraint (leash, cage, etc.) and must be in close proximity to the owner at all times. The College may, in its sole discretion, require the removal of pets on its grounds for any reason, including but not limited to, failure to be appropriately restrained.

Related Documents:
MinnState Board Policy 1B.4

Revised date: October 2018

 

Chapter 5 - Administration

5.25 Security Cameras

Part 1. Policy
Minnesota West Community & Technical College uses security cameras as one resource to enhance safety and security of persons and property.  Additionally, security cameras may provide beneficial information for management and operations of [College/University].  All security camera installations must be approved in advance by designated Minnesota West Community & Technical College personnel, as described in this policy, except in the case of an emergency that makes such consultation impractical.  Placement and use of security cameras must conform to applicable state and federal laws in addition to system and campus policies.  Security cameras must not have audio monitoring or audio recording capabilities enabled.  Video monitoring of public areas for security purposes must be limited to uses that do not violate the reasonable expectations of privacy of employees, students and visitors, as defined by law.

Part 2. Scope
This policy applies to all personnel, students, and departments of Minnesota West Community & Technical College in the use of its equipment for video surveillance, monitoring, and recording on [College/University]-owned, leased or controlled properties; this policy does not apply to the use of video applications for academic, research, or educational purposes of [College/University], or to security cameras installed by authorized financial institutions to monitor ATM machine usage on campus.

Part 3. Management and Use of Security Cameras
The primary purpose of security cameras is to assist in the daily operations of campus security and safety in providing a safe and secure environment to the Minnesota West Community & Technical College community including students, employees, and visitors.  Information obtained through video monitoring will be primarily used for security and law enforcement purposes.  Information obtained through authorized surveillance may be used in support of disciplinary proceedings against Minnesota West Community & Technical College personnel or students, or by Minnesota West Community & Technical College for other appropriate management and operations decisions and related purposes such as litigation.

The installation and monitoring of security cameras and equipment must be administered by the Minnesota State employee designated by the president in a manner consistent with this policy.  The designee may authorize the use of video surveillance in a temporary location upon request of a college official if a specific safety or security risk exists; if the request concerns the investigation of individuals, the designee shall consult with the Office of General Counsel and/or human resources office of Labor Relations in the system office prior to approval.  The designee shall consult with system legal counsel if requested by law enforcement to install video surveillance for a criminal investigation.

In public areas, signage giving notice of the use of security cameras shall be posted as deemed appropriate by the designee.

If concern over camera placement should arise, concerned persons may submit a petition to the designee for the removal or relocation of an existing camera.  The designee will review petitions regarding camera location(s) and determine whether the policy is being followed.  The designee will determine the appropriateness of an installation by weighing the concerns of the person(s) making the request and the safety and security of the entire community.  The designee will weigh whether the potential increment in community security outweighs any likely infringement of individual privacy.

Part 4. Principles
The following principles shall apply regarding the use of security cameras at Minnesota West Community & Technical College under this policy:

• All recording or monitoring of activities of individuals or groups by authorized Minnesota West Community & Technical College security cameras will be conducted in a manner consistent with applicable system and Minnesota West Community & Technical College policies, and will not be based on an individual’s race, gender, ethnicity, sex, disability, or other personal characteristics that are protected by Board Policy 1.B.1.
• All recording or monitoring of video records will be conducted in a professional, ethical, and legal manner. Campus security and other personnel with authorized access to video recordings must receive a copy of this policy and will receive training on the effective, legal, and ethical use of the monitoring equipment upon assuming their role and at least annually thereafter.
• All recording or monitoring for security and safety purposes will be conducted only in areas where the public does not have a reasonable expectation of privacy. (e.g., not living spaces).
• Recorded images made by security cameras will be securely maintained by the Minnesota West Community & Technical College pursuant to its records retention schedule. The alteration of video images is strictly prohibited.

Part 5. Limiting Use, Disclosure, and Retention of Recordings
The designee is responsible for controlling access to the security cameras monitors and recordings consistent with applicable privacy laws. Security camera data maintained by Minnesota West Community & Technical College may be nonpublic or private data on individuals under the Minnesota Government Data Practices Act and the Family Educational Rights and Privacy Act (FERPA).  (Video surveillance data may be nonpublic or private “security information” as defined by Minn. Stat. § 13.37 Subd. 1 (a) or private personnel or educational data pursuant to Minn. Stat. §§13.43, Subd. 4 and 13.32, Subd. 3, and FERPA, 20 USC 1232g, which may be accessed, used, and disclosed to third parties only as consistent with those laws.)  

Nothing in this policy shall prevent reporting to law enforcement real-time observations of conduct that appears to constitute criminal activity.

Recorded images will be stored in a secure location with access by authorized personnel only. A log must be created by the designee and maintained by authorized designee(s) of all instances of access to or use of surveillance records.  The log must include the date and identification of the person or persons to whom access was granted.

Security camera data shall be maintained with appropriate security in accordance with the Minnesota West Community & Technical College records retention schedule, and will then be destroyed in a secure manner, unless retained as part of a Minnesota West Community & Technical College proceeding, a criminal investigation, a court proceeding (criminal or civil), grievance or arbitration proceedings or other use as approved by the designee or designee(s).

The designee is responsible for securely retaining any surveillance data, including a video recording, which may be required for evidentiary purposes.  If a copy of a recording is required for evidentiary purposes, campus personnel shall consult with the Minnesota State Office of General Counsel or the Attorney General’s Office on protocols that may be required for authentication or other purposes and shall use a permanent storage device such as a CD, DVD, or USB drive and physically label the device with the date, time, and location of the recorded incident.  No video footage segments or individual image copies, other than those required for system backup or evidentiary purposes, may be made, shared, or distributed without specific authorization/approval as stated above.

Part 6. Violations
Any individual who has concerns about the possible violation of this policy may discuss the matter with the designee.  Any individual found to have violated this policy may be referred for discipline under the applicable personnel or student conduct process.

Individuals who are believed to have tampered with or destroyed security camera equipment or recordings, or individuals who have accessed security camera records without authorization, may be subject to discipline under the applicable personnel or student conduct process and criminal prosecution, as appropriate.

Approved by: Terry Gaalswyk, President
Date: August 2018
History & Revision:

 

Chapter 6 - Facilities Management

6.44 Animals on Campus

 

Purpose:  It is the policy of the college to establish regulations for authorized animals on campus that provide a safe environment for students, employees, visitors and guests.

Policy:  It is the objective of the college to provide a safe environment for students, employees, visitors, and guests by establishing and enforcing regulations for animals on campus. With the exception of those animals specifically exempted by this document, animals are not allowed in college buildings or in college vehicles. This policy and any related procedures apply to all buildings, grounds, and all members of the campus community, as well as individuals using campus buildings, including off-campus and leased properties.

Exemptions:

1. Service Animals (as defined in Service Animals Policy)
2. Animals for Educational Purposes

Safety expectations related to exempted animals:
Vaccinations: The animal must have current immunization against diseases, including rabies, distemper and parvovirus or the appropriate vaccination series for the type of animal. Dogs must wear a rabies vaccination tag.

Owner ID: The animal must wear an owner identification tag, including the owner name and contact information, anytime the animal is on campus.

Health: The animal must be in good health.

Care: The care and supervision of the animal is solely the responsibility of its handler.

Cleanup: The handler is responsible for cleaning up animal waste unless the handler is physically not able to perform the cleanup. If an individual with a disability is not able to clean up after a service animal, arrangements should be made with the appropriate Physical Plant Staff.

 

Approved by: Terry Gaalswyk, President
Date: August 2018
History & Revision:

Chapter 5 - Administration

Procedure 5.12.01 Tuition, Fees, Refunds, Withdrawals and Waivers

Minnesota West Community and Technical College follows the Minnesota State policies regarding tuition waivers, deferrals and retroactive drops.

Waivers:  The college petition process and form will be used for waivers identified in System Procedure 5.12.2 Part 2. Subpart A

Person under Guardianship:  The college petition form will be used for waivers identified in System Procedure 5.12.2 Part 2. Subpart B.  The authority to approve these waivers resides with the college president

Deferrals:  The request for deferral of tuition, fees and other charges form will be used for deferrals as described in System Procedure 5.12.2 Part 3.

Retroactive Drops:  The college petition process and form will be used for retroactive drops as described in System Procedure 5.12.2 Part 4.

Links to:
System Procedure 5.12.2
Petition Form
Deferment of Tuition, Fees and Other Charges


Approved by President Ron Wood
Date:  July 1, 2003
History & Revisions:
Revised October 7, 2010
Approved by:  President Richard Shrubb
Revised 1/15/2017
Approved by:  President Terry Gaalswyk
Revised 2/12/18