Procedure:   Disabilities: Service Animals and Access Animals
Department:  Disability Resources
Contact:         Nancy Hart, 463-3010               hartn@lanecc.edu

Links to sections within this document:
Definitions
Campus Contacts
Procedures and Guidelines for Specific Situations
Service/Access Animal Eligibility Process
Service Animal Restrictions/Areas of Safety
Responsibilities of Individuals Using Service Animals or Access Animals
Guidelines for the College Faculty, Staff, and Students
Temporary Exclusion of Service Animals or Access Animals
Conflicting Disabilities
Procedure for Clarifying an Animal's Service Status
Emergency Situations
Access Animals
Frequently Asked Questions

This procedure relates to the use of service animals and access animals by qualified individuals with disabilities as they utilize college services or participate in activities on or in the college’s main campus, outreach centers and facilities. 

Definitions:

Service animals are animals trained to perform some of the functions and tasks that people with disabilities cannot perform themselves.  The Americans with Disabilities Act (ADA) defines a service animal as:

…any guide dog, signal dog, or other animal individually trained to work or perform tasks for the benefit of an individual with a disability, including but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. (ADA Title III, 28 CFR § 36.104)

An animal meeting this definition is considered to be a service animal under the ADA. While service animals have been traditionally identified as dogs, it should be noted that a variety of animals are used as service animals.

1. Access Animal: A term used by Lane Community College to refer to an animal that does not meet the definition of “service animal,” but typically refers to an animal used therapeutically for various mental health conditions.
2. Companion Animal: Animals used for their calming influence, affection, stability, or to create a sense of security. 
3. Disability: “…a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.” (ADA Title III, CFR § 36.104)
4. Handler: A person who is not being served by the animal but who works with a service animal (usually a trainer).
5. Partner: A person who has a disability and uses a service animal. 
6. Service Animal: An animal individually trained to perform tasks that benefit or accommodate a person with a disability.  It is typically a dog, but other animals may be trained as a service animal.  This animal is not a pet. 
7. Service Animal Tasks: A service animal may be trained to perform a variety of services depending on the nature of the disability, such as:

   a. For someone with a visual impairment (Guide Dog/Animal): obstacle avoidance, signaling changes in elevation, and locating objects.

   b. For someone with a hearing impairment (Hearing Dog/Animal): alerting to specific sounds and other tasks such as retrieving unheard dropped objects. 

   c. For someone with mobility or other health impairments (Service Dog/Animal): retrieving, carrying, tugging, pulling, bracing, and calling for emergency help.

   d. For someone with a seizure disorder (Seizure Dog/Animal): tasks supporting an individual before, during, and after a seizure. 

   e. For someone with autism (Seizure/Signal Dog/Animal): tasks may include alerting the individual of distracting, repetitive movements.

8. Team: Either a Partner (person with a disability) or a handler and the service animal.  The two work as a cohesive team in accomplishing the tasks of everyday living.
9. Therapy Animal: Animals selected as a therapy tool to visit people with disabilities or those who are experiencing the frailties of aging.  The animal may be incorporated into the individual’s treatment process, but does not assist the person with activities of daily living.  The animal does not accompany the person with a disability all the time, unlike a service animal, which is always with its Partner. 
10. Trainee: An animal being trained to perform service tasks.  It has the same rights as a fully trained service animal when accompanied by a trainer and identified as such.  (ORS 346.620, ORS 346.650, and ORS 346.685)

Campus Contacts:

ADA/Section 504 Compliance Officer for Students: Kate Barry, Building 1, Room 202 (Women’s Center).  (541) 463-5264 voice, 463-4173 FAX, TTY users can dial 711 for the Oregon Telecommunications Relay Service (OTRS). barryk@lanecc.edu

ADA/Section 504 Compliance Officer for Employees and Community Members, Dennis Carr, Building 3, 1st Floor (Human Resources).  (541) 463-5583, 463-5585 voicemail, 463-3970 FAX, TTY users can dial 711 for the Oregon Telecommunications Relay Service (OTRS). carrd@lanecc.edu

Director of Disability Resources, Nancy Hart, Building 1, Room 218 (Disability Resources). (541) 463-5150, 463-3010 voicemail, (541) 463-4739 FAX, (541) 463-3079 TTY. hartn@lanecc.edu

Procedures and Guidelines for Specific Situations

1. Animals on campus: All animals on campus must be under the immediate physical control of the owner at all times (i.e., on leash, carried, etc.)  Animals may not be tied to buildings, fixtures, etc., left unattended, or permitted to run at large on campus.  Animals must remain outside campus buildings, with the exception of service animals assisting a person with a disability.  Large animals may not be ridden, led or otherwise allowed on college property.  Animal owners are required to immediately pick up and properly dispose of any solid waste produced by their animals.  A formal complaint may be filed with Lane County Animal Control authorities against violators of these procedures.  Cats and dogs found on campus will be taken to Lane County Animal Control or Greenhill Humane Society if an owner cannot be found.  For more details, see Lane’s College Online Procedures System under “Animals” http://www.lanecc.edu/cops/animals.htm
2. Animals in campus buildings and facilities: Animals must remain outside of campus buildings, with the exception of service animals (or DR-approved access animals with an Access Animal ID Tag) assisting a person with a disability.  To determine whether an animal meets the legal definition of a service animal, it may be necessary to rely upon the verbal statement of the partner.  The partner can be encouraged to contact Disability Resources to complete the service/access animal eligibility process and receive a Service Animal or Access Animal ID Tag, which will reduce future confusion.  However, this is not required for infrequent access to college services.
3. Animals that are part of a student’s disability accommodations: In order for an animal to accompany a student to class as a legal accommodation, the partner/student must complete the service/access animal eligibility process through Disability Resources.  A staff member can easily verify that the eligibility process was completed if the Partner displays a Service Animal or Access Animal ID Tag, or by calling Disability Resources (463-5150 voice; 463-3079 TTY).  For information about specific eligibility procedures, contact Disability Resources.
4. Animals that are part of an employee’s disability accommodations: In order for an animal to accompany an employee to any work setting as a legal accommodation, the partner/employee must complete the service/access animal eligibility process through Human Resources.  A staff member can verify that the eligibility process was completed if the partner displays a Service Animal or Access Animal ID Tag, or by calling Human Resources (463-5211), TTY users can dial 711 for the Oregon Telecommunications Relay Service (OTRS).  For information about specific eligibility procedures, contact Human Resources.

Service/Access Animal Eligibility Process

For specific eligibility process details for service animals or access animals, contact the following:  

1. Disability Resources (for students): (541) 463-5150 voice, (541) 463-4739 FAX, (541) 463-3079 TTY, www.lanecc.edu/disability/index.htm
2. Human Resources (for employees or community members): (541) 463-5211 voice, (541) 463-3970 FAX, TTY users can dial 711 for the Oregon Telecommunications Relay Service (OTRS)

Service Animal Restrictions/Areas of Safety

The ADA authorizes that places of public accommodation may impose restrictions on service animals as a safety requirement.  Those public places might include nursing and health sciences program practicum sites, food preparation areas, rooms with heavy machinery, custodial closets, areas where protective clothing is required, or areas that can pose a safety risk to the animal.  Cases will be considered individually to determine if the animal poses a possible danger or could be in danger at a certain location, and whether other reasonable accommodations can be provided to assure equal access to the activity.  These safety guidelines also will be applied to situations with approved access animals.

Responsibilities of Individuals Using Service Animals or Access Animals

The individual with a service animal or access animal is responsible for the following:

1. Ensuring that the animal meets any licensing requirements of the state of Oregon.  (The animal must be immunized against diseases common to that type of animal.  Dogs are required to wear an owner identification tag, current rabies tag, and a dog license tag at all times.)
2. Ensuring that the animal is on a leash and within close proximity (typically within 12 inches) of the Partner/Handler at all times.
3. Ensuring full control of the animal at all times.  The care and supervision of a service animal is solely the responsibility of its Partner/Handler.
4. Ensuring that all city ordinances and other laws are followed in terms of cleaning up after the animal defecates.  Individuals with disabilities who physically cannot clean up after their own animals may not be required to pick up and dispose of feces. 
5. Ensuring that adequate precautions are taken to prevent damage to campus property, facilities, others’ belongings, etc. when the animal is ill, in heat/estrus, or has another condition that could create unexpected problems. 
6. Ensuring that the animal is in good health.
7. Ensuring that the animal behaves appropriately in public settings.  The animal:

   a. Will not be allowed to sniff people, restaurant tables, or the personal belongings of others.
   b. Will not initiate contact with someone without the Handler/Partner’s direct permission.
   c. Will not display any disruptive or aggressive behaviors or noises (such as barking, whining, growling, or aggressive movement toward people or other animals).
   d. Will not block an aisle or passageway.
   e. Will not be out of close proximity (typically within 12 inches) of the Handler/Partner at any time.
   f. Will not display attraction to food that may be in the area.
   g. Will not display attraction toward or provoke attraction from other animals on campus (e.g., when an animal is in heat/estrus).

8. Ensuring compliance with Lane Community College’s Student Code of Conduct, if the partner is a student.

Guidelines for the College Faculty, Staff, and Students

College faculty, staff, and students are responsible for the following:

1. Allow service or access animals to accompany the partner anywhere on campus during times that other individuals are allowed in that area, except where service animals are specifically prohibited.
2. Always offer to assist the partner if the team seems confused and wait for verbal acceptance of your offer. 
3. Never distract the service/access animal in any way.  Do not talk to, touch/pet, feed, or deliberately startle the animal.
4. Never separate a partner/handler from the animal.

Temporary Exclusion of Service Animals or Access Animals

In certain instances, a service animal or access animal may be excluded from campus for a temporary period of time when the animal behaves inappropriately, has an obvious illness, or is not complying with the responsibilities (described above).  Although the college may exclude a service animal or access animal from campus facilities or activities, the individual who uses the animal will be given the option of returning to the college activity without the animal.  If specific academic accommodations were provided by the animal to a student or employee, s/he can consult with Disability Resources or Human Resources to determine whether that office will provide certain accommodations in the animal’s absence.

Procedures for implementing the exclusion of a service/access animal will vary as follows, depending on whether the partner is a student, employee or community member:

1.  Students’ Service/Access Animals: All students, including those with disabilities, must comply with Lane’s Student Code of Conduct.  If the service/access animal’s behavior involves misconduct (described above) the student may be cited under the Student Code of Conduct (Article III: Proscribed Conduct, B. Conduct – Rules and Regulations).  In order for staff or faculty to implement the exclusion of a student’s service/access animal from campus, the following steps must be taken:

a. Discuss concerns with the student (e.g., behavior problems, disruption in the learning environment, health and safety risks).

b. Consult with Disability Resources.

c. Once decision of exclusion is made with DR consultation, ensure that the student is informed of the reason s/he is being asked to remove the animal from campus (typically, DR would do this).

d. Ensure that Public Safety is notified of plans to exclude the animal from campus (typically DR would do this).

e. Inform the student that the Disability Resources office must be contacted and provide authorization before the animal may return to campus.

f.  Report the incident in writing/email immediately (including a description of charges of the misconduct) to the vice president Academic and Student Affairs, with copies delivered to the director of Disability Resources and the ADA/Section 504 Compliance Officer for Students.  All other aspects of this process, including the student’s potential appeal, will comply with the Student Code of Conduct procedures under Article IV: Judicial Policies, A. Charges and Hearings.

2.  Employees’ Service Animals/Access Animals: All employees, including those with disabilities, are responsible for maintaining an environment that is conducive to productive work and does not endanger college property or the health and safety of others.  If it becomes necessary to exclude an employee’s service/access animal from campus due to misconduct (described above), the following steps must be taken:

a. Discuss concerns with the employee and the employee’s supervisor (e.g., behavior problems, disruption in the workplace, health and safety risks).

b. Contact the ADA/Section 504 Compliance Officer for Employees and Community Members (or designee) for consultation.

c. Notify Public Safety of plans to exclude an employee’s animal from campus.

d. Inform the employee of the reason s/he is being asked to remove the service animal from campus.

e. Inform the employee that the ADA/Section 504 Compliance Officer must be contacted and provide authorization before the service animal may return to campus.

f. Report the incident in writing/email immediately (including a description of the misconduct) to the ADA/Section 504 Compliance Officer for Employees, with copies to the employee and the employee’s supervisor.

3.  Community Members’ Service Animals: All community members and guests to the college, including those with disabilities, are responsible for maintaining an environment that is conducive to education, respectful of others, and also protects college property and the health and safety of others.  If it becomes necessary to exclude a community member’s service animal from campus due to misconduct (described above), the following steps must be taken:

a. Discuss concerns with the community member (e.g., behavior problems, disruption in the learning or workplace environment, health and safety risks).

b. Contact the ADA/Section 504 Compliance Officer for Employees and Community Members for consultation with the community member and/or the college staff/faculty.

c. Notify Public Safety of plans to exclude a community member’s animal from campus.

d. Inform the community member of the reason s/he is being asked to remove the animal from campus.

e. Inform the community member that the ADA/Section 504 Compliance Officer must be contacted and provide authorization before the animal may return to campus.

f. Report the incident in writing/email immediately (including a description of the misconduct) to the ADA/Section 504 Compliance Officer for Employees and Community members, with copies to the community member.

Conflicting Disabilities

Students with a medical condition that may become a dangerous health crisis in reaction to animals (such as an acute respiratory condition), who are concerned about exposure to animals, should contact the Disability Resources office.  Non-students with medical issues should contact the ADA/Section 504 Compliance Officer for Employees and Community Members.  The individual will be asked to provide medical documentation that identifies the disabling condition, describes the seriousness of the complaint, and suggests appropriate accommodations. 

Disability Resources and/or the ADA/Section 504 Compliance Officers will facilitate a process to consider the needs of students, employees or community members when conflicting needs/accommodations arise.  Action will be taken to consider the needs of all persons and to resolve the problem as sensitively and efficiently as possible. 

Procedure for Clarifying an Animal’s Service Status

In many cases it is easy to discern that an animal fits the legal definition of a service animal by noting the animal’s harness, cape, or backpack (which are not legally required), or by observing the partner’s disability.  In other cases, an animal may only have a leash and the partner’s disability may not be obvious.  Since there is no requirement that service animals be licensed or certified by a government entity or training program, it is not realistic to expect that partners will have documentation with them to prove the animal is a service animal (unless s/he has completed the college’s eligibility process  and has a Service Animal or Access Animal ID Tag).  Therefore, when communicating with someone who infrequently brings an animal on campus, it may be necessary to rely on the partner’s verbal statement that the animal meets the legal definition of a service animal. 

If questions or concerns persist regarding the status of a particular animal, the matter will be referred to Disability Resources or one of the ADA/Section 504 Compliance Officers, who will use the following procedure to determine whether the continued presence of the animal on campus is appropriate:

1. Has the Partner completed the eligibility process through Disability Resources or Human Resources, resulting in a service animal/access animal accommodation? If not, continue with the next question in this section.  If yes, then the partner should be able to display a Service Animal or Access Animal ID Tag (from Disability Resources) and the question is resolved.  If an individual has not completed the eligibility process but plans to be on campus regularly, it is important to refer the person to Disability Resources (for students) or Human Resources (for employees/community members) for the animal to be approved for accommodations.
2. Does the service animal meet the basic standards of the ADA? Sometimes a Partner wishes to have a service animal on campus but does not need academic or employee accommodations.  The individual should not be asked about his/her disability.  However, s/he may be asked what specific task or service the animal is trained to perform that creates access for the individual.  If the animal cannot perform the identified task or service, or the partner cannot adequately explain what service this animal is trained to perform, then the college may choose to temporarily exclude the animal from its facilities and campuses (described above).  In that case, the ADA/Section 504 Compliance Officer will issue a decision in writing, with copies going to the partner of the animal, the director of Health and Safety, the director of Disability Resources, and the vice president Academic and Student Affairs.
3. Will use of a service animal or access animal result in a fundamental alteration of any service, program or activity? The college must rigorously analyze whether the presence of the service/access animal would have a significant impact upon the service, program or activity involved.  If the college determines that the use of the animal causes a fundamental alteration in services, programs or activities, the college may exclude the animal from its campus, centers and facilities.  (ADA Title II, 28 CFR, § 130 [b][7])  In that case, the ADA/Section 504 Compliance Officer will issue a decision in writing, with copies going to the partner of the animal, the director of Health and Safety, the director of Disability Resources, and the vice president Academic and Student Affairs.
4. What alternatives are there for students if the use of the service animal/access animal is denied?  If requested by the student, the ADA/Section 504 Compliance Officer for Students (in consultation with Disability Resources) will take the following steps in a timely way to ensure that there was no discrimination on the basis of disability by denying the use of a service/access animal in a particular situation:

   a.  Determine whether modifications to college policies, practices, or procedures can and should be made to permit the individual to participate in college services, programs or activities. 

b.  Determine whether academic adjustments or auxiliary aids may be used by the student with a disability to permit his/her participation in the college’s services, programs, or activities.   

5. What recourse do individuals have if they are not satisfied with the college’s decision to exclude their service animal/access animal from campus or to deny the eligibility of their animal? Any student, employee, or community member with a disability who is denied the use or eligibility of a service/access animal may file a complaint with the college’s corresponding ADA/Section 504 Compliance Officer.  If that ADA/Section 504 Compliance Officer is the person who denied the initial request, the complaint will be forwarded to the vice president Academic and Student Affairs.  The ADA/Section 504 Compliance Officer or vice president will communicate a decision in a timely manner. 

Emergency Situations

In event of an emergency, the college’s Public Safety Officers and/or Emergency Responders should be trained to recognize service animals and to be aware that the animal may be trying to communicate the need for help.  The animal may become disoriented from the smell of smoke in a fire or laboratory emergency, sirens, wind, noise, or shaking and moving ground.  The partner and/or animal may be confused by any stressful situation.  The Public Safety Officers and/or Emergency Responders should be aware that the animal is trying to be protective and, in its confusion, is not to be considered harmful.  The Public Safety Officer/Emergency Responder should make every effort to keep the animal with its Partner; however, the Officer’s primary effort should be toward the Partner.  This may necessitate leaving the animal behind in certain rare emergency evacuation situations.

Access Animals

Access animals may be authorized as an effective accommodation on a case-by-case basis through consultation with Disability Resources (for students) and Human Resources (for employees or community members).  Decisions will be made in a manner consistent with Section 504, the ADA, and local laws regarding individuals with disabilities.  Once the partner and access animal have completed the eligibility process, they will receive an Access Animal ID tag, which must be renewed prior to each term in order for the animal to return to campus.  Access animals will be expected to comply with all requirements described in these procedures.

Frequently Asked Questions

The Department of Justice: Commonly Asked Questions about service animals in the Workplace (http://www.usdoj.gov/crt/ada/qasrvc.htm)