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For any questions please send e-mail to: NDSU.Policy.Manual@ndsu.edu

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SECTION 100.2: USE OF SERVICE ANIMALS

SOURCE: NDSU President

1. Background

   North Dakota State University seeks to accommodate persons with disabilities, as defined by law, who rely on the assistance of a service animal* while at the same time being mindful of health and safety interests of all those in the campus community. This policy is aimed at facilitating access and providing guidelines as well as flexibility with regard to the use of a service animal in campus buildings. Accommodations will be determined on a case-by-case basis and be determined through an interactive process.

   * "Service Animal," as defined by the Americans with Disabilities Act, means a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. Service animals perform some of the functions and tasks that an individual with a disability cannot perform for him/herself in activities of normal living. A service animal is a working animal, not a pet. Some forms of service include, but are not limited to, guiding a person with impaired vision, alerting persons with hearing loss to intruders or sounds, and aiding persons with impaired mobility by steadying the person when walking. Their service for the individual with a disability entitles them to access of public places and common areas.

2. Use of Service Animals at NDSU

   a. VISITORS: An individual with a disability who utilizes a service animal and is a visitor at NDSU is welcome to request any specific accommodations related to the needs of the visitor or the service animal. If accommodations or additional information are needed, a visitor may contact the Disability Services Office at (701) 231-7671. No registration with the Disability Services Office is required.

   b. STUDENTS or EMPLOYEES: Students and employees with a disability who regularly utilize a service animal are requested to register either with the Disability Services Office (students) or with the Human Resources/Payroll Office (employees) and, if necessary to establish that an animal meets the service animal definition above, to provide the relevant office with documentation of the disability with a reasonable period of time.

   When requested, documentation for students or employees with a disability who use a service animal should include the following:

   • Name and credentials of licensed professional or evaluator;
   • Diagnostic statement identifying the disability or impairment;
   • Description of the current functional limitations; and
   • Specific tasks the service animal will perform to meet the accommodation needs of the individual and assist with the functional limitations.

3. Responsibilities of Persons Using Service Animals
   
   
   1. The care and supervision of a service animal is the responsibility of the individual who uses the animal's service. This person is considered the "handler" of the service animal. It is important for the handler to maintain control of the animal at all times. Requirements for clean-up of animal waste are based on the City of Fargo Policy and "handler" is responsible for following the City's policy. If the handler is unable to physically remove the waste, an alternative arrangement should be coordinated through the Disability Service Office. (When appropriate, spaces will be designated as animal toileting areas by the University Facilities Management and Residence Life staff.)
   
   
   2. Service animals need to be immunized against diseases common to that animal. Dogs should wear a current rabies vaccination tag.
   
   
   3. Service animal to be housed in a University residence hall or apartment (University Housing) must have an annual clean bill of health from a licensed veterinarian. When necessary, the university has authority to direct that a service animal receive veterinary attention.
   
   
   4. Students and employees utilizing a service animal will be required to follow the City of Fargo licensing and animal tag policy. (City of Fargo regulations exempt seeing-eye dogs from the requirement for a license.)
   
   
   5. The City of Fargo has an ordinance requiring pets to remain on a leash when not on the owner's property, and services animals are subject to this ordinance.


4. Responsibility of University Community Members Regarding Service Animals

   Members of the University community are expected to follow these guidelines regarding service animals:

   • Allow a service animal to accompany the handler at all times and everywhere on campus except where animals are specifically prohibited due to safety or health restrictions, or where the animal may be in danger, or where the integrity of research may be compromised due to the presence of chemicals and/or organisms;
   • Do not touch or feed a service animal unless invited to do so;
   • Refrain from startling a service animal, and;
   • Do not separate or attempt to separate a service animal from its handler.
5. Expectations for Service Animals' Behavior

   A service animal whose behavior is disruptive (particularly in classrooms and laboratories) or presents a direct threat to the safety of others may be removed from NDSU. For purposes of public health and safety, service animal users are asked to keep service animals well groomed and not to bring service animals who are sick onto the campus or other NDSU locations.

6. Areas Off Limits to Service Animals

   The University may prohibit the use of service animals in certain locations due to health or safety restrictions, where service animals may be in danger or where their use may compromise the integrity of research (e.g., work in the life sciences). Such restricted locations may include, but are not limited to, the following areas: research laboratories, classrooms with demonstration/research animals, wood shops and metal/machine shops, electrical shops, medical and veterinary surgical areas, mechanical rooms, custodial closets, and nuclear research areas. Exceptions to restricted areas may be granted on a case-by-case basis by contacting the Disability Services Office and the appropriate department and/or laboratory representative. However, the person directing the work in the restricted area will make the final decision based on the nature of the research and the best interest of the service animal.

7. Service Animals in University Housing

   Service animals may not reside in University Housing without expressed approval of Residence Life. Such requests will be processed, as follows:

   1. A requesting individual should provide the Disability Services Office appropriate documentation at least 60 days before housing is needed for the service animal. Such advance notice helps to ensure that accommodations are appropriate and that the student will have a smooth transition into University Housing.
   
   
   2. The Disability Services Office staff will review the documentation and arrange for conversations between the Associate Director of Operations for Residence Life, the person making the request, and a Disability Services staff person to facilitate the accommodation. Accommodation needs for the individual and/or service animal will be determined on a case-by-case basis.
   
   
   3. A person who has a service animal on campus is financially responsible for property damage caused by his or her service animal.
8. Dispute Resolution Procedure

   In the event of a dispute or disagreement about a disability determination, appropriateness of an accommodation, service quality, or an animal restriction, a student should confer with the Disability Services Coordinator. If the matter is not resolved, the student will follow the dispute resolution procedure on the Disability Services webpage. If the student remains dissatisfied after following the dispute resolution procedure, he or she may contact the University's Executive Director, Chief Diversity Officer in the Office of Equity and Diversity to discuss the matter and file a formal equal opportunity grievance, if desired.

   An employee with a dispute or disagreement should confer with a staff member in the Office of Human Resources/Payroll and if the concern is not resolved, he or she may contact the University's Executive Director, Chief Diversity Officer in the Office of Equity and Diversity to discuss the matter and file a formal equal opportunity grievance, if desired.

   A visitor with a dispute regarding the use of a service animal at NDSU should contact the Office of Equity and Diversity.

Relevant NDSU policies and City of Fargo ordinances include:

* NDSU Policy 100.1 - Nondiscrimination on the Basis of Disabilities and Reasonable Accommodation

* NDSU Policy 606 - Guidelines for Student Requests for Reasonable Accommodation

* City of Fargo regulations

HISTORY: December 2006, July 2007, September 2007, December 2009hk