Animals on Campus Policy

Appendix A

Guidelines for All Animals on Campus

Control of the Animal

Any animal that enters campus must be, at all times, under the complete control of the Owner/Handler.  An animal, if not properly controlled, may create the risk of hazards that may pose a threat to campus operations.  An Owner’s/Handler’s control includes, but is not limited to, confinement of the animal in a vehicle with the animal’s Owner/Handler, in a crate or similar restrictive conveyance, or being secured to a leash or similar direct means of physical control of a maximum length of six (6) feet, the other end of which is controlled by a person.  Animals must not be tethered to a stationary fixture or tree, or left unattended on campus; and any animals found to be tethered, unattended, or abandoned may be removed from campus.  Animals that are tethered, unattended, or abandoned on campus should be reported to Public Safety (937-229-2121).  Collars and tags must be worn at all times.

Animals may not be left unattended overnight in University residences.  The Owner/Handler must take the animal with them or make arrangements for the animal to be cared for off campus.

An Owner/Handler must establish a means of securing the animal, if in a University residence, when University employees, contractors, or agents work on a University building (i.e., placing the animal in a crate or in another room).

If an animal poses a threat to people, property, or the operations of campus, the Owner/Handler will be required to remove the animal from campus, and the Owner/Handler is expected to comply with any such removal requirement in a timely manner or may face appropriate disciplinary consequences.  If any member of the University community experiences a bite from an animal, then they are to report it immediately to Public Safety.

Control of a Service Animal or Emotional Support Animal

A Service Animal does not need to be on a leash or other device if “either the Handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the Handler’s control (e.g., voice control, signals, or other effective means), in accordance with 28 C.F.R. Section 35.136(d).  Physical constraint of the animal does not apply to Service Animals or Emotional Support Animals kept within an individual’s University residence assignment except for when the University performs work in a residence.

Removal of an Animal

The University, at its sole discretion, retains the right to take action to remove any animal from campus if the University determines the health or safety of others, destruction of property, or disturbance to University operations warrants such removal, or if the animal is not approved to be on campus in accordance with the policy.  The removal of any animal and any necessary cleaning, repairs, and/or pest control will be done at the expense of the Owner/Handler.  The Owner/Handler may also be subject to disciplinary action.  This action may also extend to cases involving Service Animals and Emotional Support Animals.  Animals on campus whose condition, health, or behavior appears to present a threat to the health or safety of any member of the campus community, to any other animal, or to the animal itself, should be reported to Public Safety (937-229-2121).

The University may take reasonable efforts to remove a confined animal if the safety of the animal is jeopardized.  The University is not liable for any associated cost or damage associated with such removal.

The Owner/Handler of any approved dog brought to campus must have a valid dog license as well as evidence of current rabies vaccinations or the animal may be subject to removal from campus.  Any other animal requiring rabies vaccinations is also subject to removal if vaccination evidence cannot be provided.

In all cases, the Owner/Handler of the animal is responsible for the animal’s.

University Buildings and Grounds

Only Service Animals and Service Animals in Training are permitted in University buildings and indoor recreational facilities.  Approved Emotional Support animals are only permitted in their residence and outdoor spaces on campus. 

Fecal matter deposited on University grounds, in a University building, or other facility by any animal brought to campus must be removed immediately and disposed of properly by the Owner/Handler.  The Owner/Handler must arrange for the removal of fecal matter if they are personally unable to perform the task.

University Community

University community members must allow Service Animals to accompany their Handlers at all times and everywhere on campus where the general public (if accompanying a visitor), employees (if accompanying faculty and staff), or other students (if accompanying a student) are allowed, except for places where there is a health, environmental, or safety hazard (e.g., laboratory settings, food preparation areas). The appropriate way to ascertain that an animal is a service animal is to ask (only if it is not apparent) if the animal is required because of a disability and what work or task it has been trained to perform.  Specific questions about the individual’s disability may not be asked.

For additional guidelines for University community members, please see Appendix E: Guidelines for University Community Members. 

Appendix B

Service Animals on Campus

In accordance with Title II and Title III of the American with Disabilities Act Amendment Act (ADAAA), a Service Animal is permitted on campus grounds and within University buildings, including the University housing assignment provided to an individual with a disability.

Individuals with disabilities shall be permitted to be accompanied by their Service Animals in all areas of the University's grounds and facilities where members of the public, participants in services, programs or activities, or invitees are permitted to go. 28 C.F.R. § 35.136(g).

Criteria for Service Animal access to University Buildings:

          i.  The service animal must have been trained as a service animal in the work or tasks directly related to the person’s disability.

          ii.  Individuals are permitted to bring their service animal in all areas of campus including University buildings and any place of public accommodation.

          iii.  Individuals living in University housing are permitted one Service Animal.  Any exceptions require prior authorization by the Office of Learning Resources.

The University may prohibit the use of Service Animals in certain locations due to health or safety restrictions or exposure to hazardous environments.  Restricted areas may include but are not limited to food preparation areas, laboratory/technical areas where hazardous materials or equipment may present a potential hazard, teaching laboratories, QA/QC and analytical laboratories, chemical storage rooms, art studios and theatre areas, areas requiring protecting clothing and any other area as required by state or local law.  Exceptions to these restrictions may be requested and will be considered on a case-by-case basis.

If an individual's need for a Service Animal and the qualifications of the animal are not obvious, the Owner may be asked only the following: (a) is the animal required because of a disability; and (b) what work or task(s) has the animal been trained to perform?  Questions regarding the individual’s disability are not permitted.

The University may restrict access for a Service Animal when:

          1.  the animal's behavior poses a direct threat to the health or safety of others;

          2.  the animal is out of control and the animal's Handler does not take effective action to control the animal’s behavior;

          3.  the animal is not housebroken;

          4.  the animal's behavior fundamentally alters the nature of the programs, services, facilities, privileges, advantages, or accommodations at issue.

In the event a Service Animal is properly excluded, the individual with a disability shall be given the opportunity to participate in the service, program, or activity without having the Service Animal on premises.

Employees seeking a Service Animal as a workplace accommodation due to a qualifying disability should contact Human Resources at (937) 229-2541, or hr@udayton.edu, prior to bringing a Service Animal to campus.

It is requested that students notify Office of Learning Resources prior to bringing a Service Animal to campus.

Appendix C

Service Animals in Training on Campus- for Students and Employees

The University of Dayton permits students to host a limited number of Service Animals in Training affiliated with the UD 4 Paws Club and may, at its discretion, limit the number of Service Animals in Training on campus.

Employees are not permitted to bring Service Animals in Training into the workplace, or any University building, and they are not permitted to engage in animal training activities during work hours.

Service Animals in Training are provided public campus access in accordance with the terms of this Policy and Appendix A.  Service Animals in training must have a liability insurance policy provided by the nonprofit agency sponsoring the training.If a Service Animal in Training is disruptive to a campus operation, the University may ask the student Handler to remove the animal from the area and notify Audit, Risk and Compliance (ARC) at auditriskcompliance@udayton.edu.  ARC will subsequently reach out to the student Handler to speak about the animal’s behavior and develop a plan on where they animal may go, if required.

Before taking a Service Animal in Training to a class or campus event, a Handler must obtain permission of the professor or event coordinator.

The Handler and the Service Dog in Training shall receive permission for the dog to reside in University Housing from Housing and Residence Life.

Appendix D

Emotional Support Animals

In accordance with the U.S. Department of Housing and Urban Development, the University allows Emotional Support Animals to enter and reside in residence halls if they are approved an accommodation through the Office of Learning Resources.  Approval for the Emotional Support Animal must be received prior to the animal arriving in the student’s housing assignment.
 
An Emotional Support Animal is not permitted in a University building that is not the student’s residence (e.g., dining area, service area).  An Emotional Support Animal may be in the shared living spaces of the University housing assignment only if the animal is under the control of the Owner and is respectful of people and other Emotional Support Animals around them an Emotional Support Animal may not reside in University housing without the approval from the Office of Learning Resources in writing.
 
An Emotional Support Animal and their Owner must also follow the guidelines set forth in the Animals on Campus Policy and its appendices.
 
An Emotional Support Animal is not allowed to accompany a University employee into their workplace, or any other University building, unless that building is the employee’s assigned University residence.

Individuals living in University housing will be permitted to have no more than one Emotional Support Animal, as decided on a case by case basis.  An Emotional Support Animal may not be poisonous, dangerous, or illegal.

The University may remove an Emotional Support Animal from a campus building or location for reasons of threat to the health and safety of the University community or if the Owner is no longer eligible for the accommodation.  The University may immediately remove an Emotional Support Animal and impose a ban of the animal in any of the following circumstances:

          1.  The animal’s behavior or condition constitutes (or is reasonably likely to constitute) a direct threat to the health or safety of the University Community or disruption to the University’s operations or University community, e.g., excessive barking, howling, etc.  An animal is considered a direct threat if it exhibits behavior or has a condition observed to be aggressive, violent, and/or hazardous to the health or safety of individuals. Examples include, but are not limited to, growling/aggressive posturing, biting/nipping, or having fleas/ticks.

          2.  The animal causes physical damage to property;

          3.  The animal is not housebroken or litter box trained;

          4.  The Owner fails to keep the animal under control; or

          5.  Ownership of the animal is prohibited by law (e.g., lions, bears, and other exotic animals).