95.16 Animals on Campus
January 1, 2015
A. Introduction. Persons bringing animals onto campus (“Handlers”) are expected to be mindful that their animals may constitute real or perceived health threats to others, which include but are not limited to allergies, falls, and bites. In addition, the presence of an animal in an area may distract or interrupt certain activities, or may create a nuisance, including the nuisance caused by animal feces or damage to property. Accordingly, all Handlers are required to exercise reasonable control over the animal at all times in order to minimize risks to others and property. Handlers are responsible and liable for all damage or injury caused by the animal, whether to persons or property.
B. Purpose. This procedure establishes the University’s compliance with local, state and federal laws regarding animals, including those regarding individuals with disabilities as well as dogs-in-training.
C. Application of State and Local Laws. Idaho laws and Moscow city ordinances governing dogs and other animals are enforced on campus (see ). Such ordinances include, but are not limited to, licensing requirements, leash requirements, the prohibition of leaving a dog tethered to any object on University property, and the requirement that the Handler remove and clean up the animal’s feces from University property.
C-1. Animals in Outdoor Spaces. Animals may be brought onto outdoor spaces on campus if:
a. the animal is accompanied and appropriately restrained by a competent Handler at all times, and
b. the animal and the Handler are in compliance with all applicable laws and regulations.
C-2. Animals Inside University Buildings. Animals not owned by the University are not permitted inside University buildings except as specifically permitted below:
a. Service Animals. By law, a service animal is a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. The work or tasks performed by a service animal must be directly related to the individual’s disability. Handlers with disabilities may be accompanied by a service animal inside University buildings pursuant to the American with Disabilities Act, as amended. Students and University guests wishing to bring a service animal into any University buildings should first obtain an approved accommodation from Disability Support Services (“DSS”), which office can be reached at (111) 111-6307. Residents of University Housing wishing to bring a service animal into University Housing should follow the process outlined in C-2.c for Assistance Animals. Employees wishing to bring a service animal into any University buildings during work time should comply with the provisions of, and follow the process outlined in, section C-3. When it is not readily apparent, the University may ask the Handler whether the animal is required because of a disability and what work or task the animal has been trained to perform. Handlers are solely responsible for the care and supervision of the service animal. Handlers seeking to bring miniature horses inside University buildings should first contact DSS at (111) 111-6307 to request permission. [ed. 6-15]
b. Dogs-in-Training. By law, a dog-in-training means a dog being specifically trained to develop social, environmental and other skills needed for admission to a training school or other program for assistance dogs. Also by law, (i) the dog-in-training must wear some article that identifies it as a dog-in-training at all times, (ii) the Handler shall carry and upon request display an identification card issued by a recognized school for assistance dogs or organization which serves disabled persons, and (iii) the Handler is fully liable for any damages or injuries caused by the dog-in-training whether to persons or property. Handlers may be accompanied by a dog-in-training pursuant to Idaho Code § 18-5812B and § 56-704A inside University buildings in locations that are open to the public. Locations that are open to the public means places on campus where members of the general public are invited to have unrestricted access, including common areas inside of University buildings. Some examples of campus locations that are not considered open to the public include, but are not limited to, work areas, classrooms and University Housing.
c. Assistance Animals. By law, assistance animals includes service animals as well as untrained emotional support or therapy animals. Residents of University Housing seeking to have an assistance animal in University Housing should contact DSS at (111) 111-6307 to request a disability accommodation. Pursuant to the Fair Housing Act, a resident may keep an assistance animal in his dwelling unit as a reasonable accommodation if: (i) the resident has a disability, (ii) the animal is necessary to afford the resident with a disability an equal opportunity to use and enjoy the dwelling, and (iii) there is an identifiable relationship or nexus between the disability and the assistance the animal provides. When it is not readily apparent, DSS will verify the existence of the disability and the need for the accommodation by requiring that the resident provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support that alleviates at least one of the identified symptoms or effects of an existing disability.
d. Any Other Animals. Any other animals that do not fall under the definitions described above in C-2.a, C-2.b, or C-2.c are not permitted inside University buildings without prior approval by the Executive Director of Public Safety and Security. Residents of University Housing should consult the University Housing Office regarding other animals that may be approved exclusively within University Housing. [ed. 6-15]
C-3. University Employees.
a. University employees requiring the assistance of a service animal for a disability must obtain an approved reasonable accommodation by Human Resources (“HR”) before bringing the service animal into work areas or otherwise having it during the employee’s work time on University premises. Employees should contact HR at (111) 111-3638 or refer to http://divinedestinations.info/human-resources/employees/Request-an-Accommodation for more information.
b. University employees not requiring the assistance of a service animal for a disability may not bring any animals (including dogs-in-training) into work areas or otherwise have them during work time on University premises.
c. University employees who are required to reside on University premises may have animals that are not owned by the University on University premises with prior written approval from the Executive Director of Public Safety and Security
C-4. Removal of Animals.
a. Service Animals. The University may ask the Handler to remove a service animal from the campus if (i) the Handler is not complying with applicable laws, (ii) the service animal poses a direct threat to the health or safety of others or its presence fundamentally alters the nature of a program or activity, (iii) the Handler cannot effectively control the service animal, or (iv) the service animal is not housebroken.
b. Dog-in-Training. The University may ask the Handler to remove a dog-in-training from the campus if (i) the Handler is not complying with applicable laws or with this procedure, (ii) the dog-in-training poses a direct threat to the health or safety of others, (iii) the Handler cannot maintain control of the dog-in-training, or (iv) the dog-in-training is poorly groomed so as to create a health hazard.
c. Assistance Animals. The University may ask the Handler to remove an assistance animal from University Housing if (i) the Handler is not complying with applicable laws or with this procedure, (ii) the assistance animal poses a direct threat to the health and safety of others, (iii) the assistance animal would cause substantial physical damage to the property of others, unless the threat can be eliminated or significantly reduced by a reasonable accommodation, (iv) the assistance animal would pose an undue financial and administrative burden, or (v) the assistance animal would fundamentally alter the nature of University Housing operations.
d. Any Other Animals. The University may ask the Handler to remove any other animal from the campus if (i) the Handler is not complying with applicable laws or with this procedure, (ii) the animal poses a threat to the health or safety of others, (iii) the Handler cannot effectively control the animal, or (iv) if it is determined that the animal’s presence or behavior is disruptive to other members of the community or to activities occurring on campus.
C-5. Violations of this Procedure. Anyone observing any unauthorized animals on campus, any animal not appropriately restrained, or any other violations of this procedure should contact Campus Security at (111) 111-7054. Additionally, anyone observing violations of state or local laws should also contact the Moscow Police Department at (111) 882-2677. For emergencies, call 911 first.
C-6. Exempt Animals. Animals used by any University employee in the conduct of any approved research, extension, or outreach activities are exempt from this policy.
D. Contacts. Questions about this policy can be directed as follows:
D-1. Unrelated to Disability Accommodations:
Executive Director of Public Safety and Security, (111) 111-7209
e-mail: [email protected]
D-2. Disability Accommodations for Employees:
D-3. Disability Accommodations for Students and University Guests:
Disability Support Services, (111) 111-6307
e-mail: [email protected]