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Minnesota West Policies

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