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Animals on Campus Policy

Animals on Campus Policy

Purpose

The University of Dayton is committed to creating and maintaining a welcoming and inclusive educational, working, and living environment for all people. As part of this commitment, the University is committed to providing equal access to its classrooms, facilities, public spaces, and housing for all of its community members, including those with accommodation needs involving animals. This policy sets forth the guidelines with respect to the admittance and use of animals on campus.

Scope

This policy applies to all individuals who intend to bring an animal on property owned by the University of Dayton.

Policy History

Effective Date:  July 8, 2019

Approval:  July 8, 2019

Policy History: 

  • Approved in Original Form:  July 8, 2019

Maintenance of Policy:  Audit, Risk, and Compliance

Definitions

(a)  Domestic Animal (i.e., a pet): any bird, amphibian, reptile, feline, canine, or any other mammal kept as a pet.

(b)  Emotional Support Animal (support animal or ESA): an animal that provides therapeutic benefit to an individual with a mental or psychiatric disability and is necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling when there is an identifiable relationship or nexus between the person’s disability and the assistance the animal provides as determined by appropriate medical personnel. Any animal that provides emotional support, well-being, or companionship that alleviates or mitigates symptoms of the disability; the animal is not individually trained to provide a specific service or task related to the disability. Emotional Support Animals are not limited to dogs and can be other species of animal. Emotional Support Animals are not considered Service Animals.

(c)  Handler: the individual with a disability using a service or emotional support animal on campus or the Handler of a Service Animal in Training.

(d)  Owner: the lawful Owner or the individual in possession of an animal on campus.

(e)  Service Animal: A dog individually trained to do work or perform tasks for a person with a disability. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, and alerting/protecting a person who is having a seizure. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purposes of defining a service animal. Under certain circumstances, miniature horses may also be trained and used as a service animal and permitted within University buildings, where reasonable.

(f)  Service Animal in Training: a dog undergoing training by an approved trainer who is an agent of an organization generally recognized by agencies involved in providing accommodations for or providing services to persons who are disabled as reputable and competent to provide training for service animals, and/or their Handlers.

(g)  University Housing: refers to any University building and grounds owned, leased, operated, controlled, or supervised by the department of Housing and Residence Life, including but not limited to residence halls, offices, work areas, and stairwells.

Policy

The University of Dayton supports the use of Service Animals and Emotional Support Animals on campus in accordance with applicable federal and state laws. Individuals with disabilities may be accompanied by their Service Animal on campus where members of the community are permitted to go. The University also recognizes potential health and safety risks created by animals on campus and is committed to minimizing disruptions to University business.

The University permits individuals to bring animals on campus in accordance with this Policy, including the guidelines in the attached appendices. Any domestic animal (i.e., pet) brought onto campus by the animal’s Owner should only be present on campus on an intermittent basis and kept on a leash or in a crate. At all times, the Owner of the pet should be mindful of the needs and limitations of others (e.g., allergies, fear) and respect the requests of others to remove the animal from campus.

This policy does not apply to the following animals:

  • Animals used in University research, teaching, or testing, and regulated by the Institutional Animal Care and Use Committee (IACUC)
  • K-9 animals (police dog)
  • Animals being temporarily held (e.g., dogs who have wandered onto campus).

The University may provide exceptions to this policy, or provisions therein, with prior approval before the animal enters campus (e.g., animals used in a performance on campus or involved in a University sponsored activity such as therapy animals).

The University reserves the right to deny access or withdraw permission if the guidelines set forth in this policy and the attached appendices are not strictly adhered to. Any financial costs incurred from an animal on campus is the sole responsibility of the Owner/Handler. University employees, contractors, and agents will not be held responsible for unsecured animals that are left in a University residence where work is being performed.

Specific Guidelines regarding Service Animals, Service Animals in Training, Domestic Animals, and Emotional Support Animals are set forth in the attached appendices and may be revised from time to time. All capitalized terms used in the Guidelines have the meaning ascribed to them in this Policy.

Reference Documents

  1. University of Dayton Policy on Use of Facilities
  2. University of Dayton Housing Contract
  3. University of Dayton Office of Learning Resources (webpage link)
  4. University of Dayton Environmental Health and Safety Policy
  5. University of Dayton Laboratory and Technical Area Safety Policy
  6. University of Dayton Nondiscrimination and Anti-Harassment Policy
  7. University of Dayton Policy on Room Entry, Search and Inspection, and Occupancy Limits

Applicable Regulations

  1. Title II and Title III of the Americans with Disabilities Act of 1990 (“ADA”)
  2. Section 504 of the Rehabilitation Act of 1973
  3. Fair Housing Act (“FHA”)
  4. Ohio Revised Code Chapter 935

 

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 (e.g., leash no longer than six feet, crate, or other form of corresponding control). An animal, if not properly controlled, may create the risk of hazards that may pose a threat to campus operations. An Owner’s control includes either: confinement of the animal in a vehicle with the animal’s Owner, in a crate, or similar restrictive conveyance or being secured to a leash, cord, chain, 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).

Animals may not be left unattended overnight in University residences. An Owner 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 will be required to remove the animal from campus, and the Owner is expected to comply with any such removal request in a timely manner.

Control of a Service or 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)”. 28 C.F.R. Section 35.136(d). Physical constraint of the animal does not apply to Service or Support Animals kept within an individual’s University housing assignment except for when the University performs work in a residence. Service and Support Animals may be left unattended within the confines of the Owner’s University residence in accordance with Residence Life Housing contracts.

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. The removal of any animal and any necessary cleaning, repairs, and/or pest control will be done at the expense of the Owner. The Owner may also be subject to disciplinary action. This action may also extend to cases involving Service and 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 of any previously approved dog brought to campus must have a valid license as well as evidence of current rabies vaccinations or the animal may be subject to removal from campus.

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

University Buildings and Grounds

With the exception of Service Animals and Service Animals in Training, animals are not permitted in University buildings. Except as otherwise provided in the Animals on Campus Policy, animals may not enter any: (a) University building, including but not limited to all residential and non-residential buildings; (b) enclosed or delineated indoor or outdoor athletic or recreational facility; or (c) officially reserved or scheduled outdoor event space on campus. As provided in the Animals on Campus Policy, animals not prohibited from entry include: (a) Service Animals or Service Animals in Training accompanying a person with a disability or an authorized Service Animal trainer (i.e., student Handler); (b) Therapy Animals in the therapeutic setting accompanied by the appropriate Owner; (c) Support Animals in the Owner's University housing assignment; and (d) animals not included under this Policy. 

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 he or she is 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 tasks 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 Campus 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 his or her 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 requires 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) whether the animal is required because of a disability; and (b) what work or task(s) the animal has been individually trained to perform. Questions regarding the individual’s disability are not permitted.

The University may not permit a Service Animal on campus or in classrooms, or other facilities, 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; or
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 the premises. 28 C.F.R. § 35.136(c).

If you are an employee seeking an accommodation, please contact Human Resources at (937) 229-2541.

Appendix C

Service Animals in Training on Campus—for Students

 

The University of Dayton hosts a limited number of Service Dogs in Training and may, at its discretion, limit the number of Service Animals in Training on campus.

Service Animals in Training are provided campus access in accordance with the terms of this Policy and Appendix A. In addition, Student Handlers must follow the guidelines provided on the Office of Learning Resources. If a Service Animal in Training is disruptive to a campus operation, an employee may ask the student Handler to remove the animal from the area and notify the Office of Learning Resources at 937-299-2066. OLR 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.

Appendix D

Emotional Support Animals

 

In accordance with the U.S. Department of Housing and Urban Development, an Emotional Support animal is permitted to accompany an individual into his or her University housing assignment. An Emotional Support Animal is not permitted in a University building that is not the student’s residence (e.g., dining area, or service area). An Emotional Support Animal may be in the shared living spaces of University housing only if the animal is under the control of the Owner and is respectful of people around them. An Emotional Support Animal will only be permitted to attend class with a student under limited circumstances as permitted by the Office of Learning Resources. An Emotional Support Animal may not reside in University housing without the approval of relevant University officials.
 
The University allows Emotional Support Animals to enter and reside in residence halls if they are an approved accommodation through the Office of Learning Resources. Emotional Support Animals and their Owner must also follow the guidelines set forth in the appendices to the Animals on Campus Policy.
 
An Emotional Support Animal is not allowed to accompany a University employee into his or her workplace, or any other University building, unless the employee has received approval by Human Resources, or 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 on the individual animal, an Emotional Support Animal may not be poisonous or dangerous.
 
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. 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 substantial physical damage to property;
3.  The animal is not housebroken;
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).
 
If you are an employee seeking an accommodation, please contact Human Resources at (937) 229-2541.

Appendix E

Guidelines for University of Dayton Community

 

Members of the University community must abide by the following practices:

  • Allow Service Animals to accompany people with disabilities on campus.
  • Do not ask for details about a person's disability(ies).
  • Do not pet an animal without the Owner/Handler’s permission.
  • Do not feed an animal without the Owner/Handler’s permission.
  • Do not deliberately startle, tease, or taunt an animal.
  • Do not separate or attempt to separate a person from his/her animal.
  • If you have a disability or condition that may be adversely affected by the presence of animals, please contact the Office of Learning Resources or Human Resources.
  • Report any Animals who misbehave or any Owners (or other individuals) who mistreat their Animals to the Animal Advisory Board.
CONTACT

For questions relating to the University policies of Audit, Risk and Compliance please contact:


Robin Oldfield, Assistant Vice President- Office of Audit, Risk and Compliance
937-229-4503
Email