Animals on Campus Policy

Service Animals and Emotional Support Animals

In compliance with the Americans with Disabilities Act (ADA), Minnesota State Community and Technical College generally allows service animals in its buildings, classrooms, residence halls, meeting rooms, dining areas, recreational facilities and at events. A service animal must be accompanied by an individual who indicates that the animal is trained to provide, and does provide, a specific service to them that is directly related to their disability.

The College cannot allow service animals that pose a substantial and direct threat to personal or public health or safety, or when the presence of the animal constitutes a fundamental alteration to the nature of the program or service. The College will make those determinations on a case-by-case basis.

Emotional Support Animals (ESAs) are companion animals that provide therapeutic benefit. Because they have not been trained to perform a specific job or task, they are not considered service animals under the ADA. In compliance with federal Housing and Urban Development (HUD) guidelines, ESAs are generally allowed in campus housing.

Definitions

Service Animal

Any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability, that meets the definition of “service animal” under ADA regulations at 28 CFR 35.104.

The work or tasks performed must be directly related to the individual’s disability. Examples include, but are not limited to: Assisting individuals who are blind or have low vision with navigation and other tasks; alerting individuals who are deaf or hard of hearing to the presence of people or sounds; providing non-violent protection or rescue work; pulling a wheelchair; assisting an individual during a seizure; alerting individuals to the presence of allergens; retrieving items such as medicine or a telephone; providing physical support and assistance with balance and stability to individuals with mobility disabilities; and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

The crime deterrent effects of an animal's presence do not constitute work or tasks for the purposes of this definition; nor does the emotional support, well-being, comfort or companionship provided by an animal.

Under particular circumstances set forth in the ADA regulations at 28 CFR 35.136(i), a miniature horse may qualify as a service animal.

Owner/Handler

A person with a disability that a service animal assists, or a personal care attendant who handles the animal for a person with a disability.

Emotional Support Animal (ESA)

Emotional Support Animals do not perform work or tasks that qualify them as service animals under the ADA. An Emotional Support Animal (ESA) is a companion animal that provides therapeutic benefit, such as alleviating or mitigating some symptoms of a disability, to an individual with a mental or psychiatric disability. ESAs are typically dogs and cats but may include other animals.

To be prescribed an ESA by a physician or other medical professional, the person seeking such an animal must have a verifiable disability. To be afforded protection under United States federal law, a person must meet the federal definition of disability and must have a note from a physician or other medical professional stating that the person has that disability and that the ESA provides a benefit for the individual with the disability. An animal does not need specific training to become an ESA.

An ESA may be necessary to afford a person with a disability an equal opportunity to use and enjoy college housing. ESAs that are not service animals under the ADA may still be permitted in college housing, in certain circumstances, pursuant to the Fair Housing Act.

Pet

A pet is an animal kept for ordinary use and companionship. A pet is not considered a service animal or ESA. Pets are not permitted in the facilities of the College. Any pets on the grounds of the College must be under appropriate restraint (leash, cage, etc.) and must be in close proximity to the owner at all times. Minnesota State Community and Technical College may, in its sole discretion, require the removal of pets on its grounds for any reason.

Rationale

Minnesota State Community and Technical College is committed to providing equal access to programs, services and physical facilities to community members with disabilities. It is acknowledged that some community members with disabilities may require the use of service animals or ESAs while at the College. Minnesota State Community and Technical College reserves the right to amend these guidelines as needed, with or without prior notice.

Policy

Inquiries Regarding Service Animals

In general, the College will not ask about the nature or extent of a person’s disability but may make two inquiries to determine whether an animal qualifies as a service animal. Minnesota State Community and Technical College may ask:

1. Is this service animal required due to a disability? And;
2. What disability-related work or task does the animal perform?

The College does not require documentation, such as proof that the animal has been certified, trained or licensed as a service animal. Generally, the College does not make any inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

Specific questions related to the use of service animals by visitors on College campuses can be directed to the Accessibility Resources office.

Responsibilities of Service Animal Handlers

Students who wish to bring a service animal to campus are strongly encouraged to partner with Accessibility Resources, especially if other academic accommodations are required. Additionally, students who plan to live with a service animal in on-campus housing should inform Housing and Residential Life of their plans. Advance notice of a service animal in on-campus housing may allow more flexibility in meeting a student’s specific housing request. Staff and faculty with service animals are encouraged to contact Human Resources.

Handlers are responsible for any damage or injuries caused by their animals and must take appropriate precautions to prevent property damage or injury. The cost of care, arrangements and responsibilities for the well-being of a service animal are the sole responsibility of the handler at all times.

Service Animal Control Requirements

1. The animal should be on a leash or harness when not providing a needed service to the handler.
2. To the extent possible, the animal should be unobtrusive to other individuals and the College’s learning, living and working environment.
3. It is recommended that the animal wear some type of commonly recognized identification symbol, identifying the animal as a working animal but not disclosing disability.

Service Animal Etiquette

To the extent possible, the handler should ensure that the animal does not:

• Sniff people, dining tables or the personal belongings of others.
• Display any behaviors or noises that are disruptive to others, unless as part of the service being
• provided to the handler.
• Block an emergency exit, aisle or passageway.

Public Etiquette Toward Service Animals

It is okay to ask someone if she/he would like assistance if there seems to be confusion; however, faculty, staff, students, visitors and members of the general public should avoid the following:

• Petting an animal, as it may distract them from the task at hand.
• Feeding an animal.
• Deliberately startling an animal.
• Separating or attempting to separate a handler from his/her service animal.

Service Animal Waste Cleanup Rule

Cleaning up after a service animal is the sole responsibility of the handler. In the event that the handler is not physically able to clean up after the animal, it is then the responsibility of the handler to hire someone capable of cleaning up after the animal. The person cleaning up after the animal should abide by the following guidelines:

• Always carry sufficient equipment or materials for cleaning up the animal's feces whenever the
• animal is on campus.
• Properly dispose of waste and/or litter in appropriate containers.  

Removal of Service Animals

Service animals may be ordered removed by an administrator or the Accessibility Resources office for the following reasons:

1. Out of Control Animal: A handler may be directed to remove an animal that is out of control, especially if or when the handler does not take effective action to control it. If improper animal behavior happens repeatedly, the handler may be prohibited from bringing the animal into any college facility until the handler can demonstrate that significant steps have been taken to mitigate the behavior.
2. Non-housebroken Animal: A handler may be directed to remove an animal that is not housebroken.
3. Direct Threat: A handler may be directed to remove an animal that the College determines to be a substantial and direct threat to the health and safety of individuals. This may occur as a result of a very ill animal, a substantial lack of cleanliness of the animal, or the presence of an animal in a sensitive area like certain laboratories or mechanical or industrial areas.

When a service animal is removed pursuant to this policy, the College’s Accessibility Resources will work with the handler to determine reasonable alternative opportunities to participate in a service, program or activity without having the service animal on the premises.

Service Animals-in-Training

Every person training a dog to be a service animal shall have the right to be accompanied by the animal-in-training in places of public accommodation. Handlers of service animals-in-training must adhere to the same requirements as handlers of trained service animals and are subject to the same removal policies.

Appeals and Grievances

Any person dissatisfied with a decision concerning a service animal or ESA may appeal by following these steps:

1. Written or emailed complaints should be filed with the Accessibility Resources Coordinator within 30 days of the date of the decision.
2. If an agreeable informal resolution is not reached, the student should file a complaint under the Dean of Equity and Inclusion or Dean of Students.
3. File a complaint directly with the U.S. Department of Education, Office for Civil Rights, by calling 800-421-3481 (Voice) or 800-877-8339 (TTY); or with the Minnesota Department of Human Rights by calling 800-657-3704 (Voice) or 800-627-3529 (MRS/TTY). The statute of limitations for filing a complaint with the Office for Civil Rights is 180 days from the time the incident occurred.

Emotional Support Animals in Campus Housing

Minnesota State Community and Technical College Housing and Residential Life will allow an Emotional Support Animal (ESA) to reside in campus housing if certain conditions are met. The animal must be necessary for the resident with a disability to have equal access to housing, and the accommodation must also be reasonable. An accommodation is unreasonable if it presents an undue financial or administrative burden on the College, poses a substantial and direct threat to personal or public health or safety, or constitutes a fundamental alteration of the nature of the program or service.

Definitions

Service Animal

Any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability, that meets the definition of “service animal” under ADA regulations at 28 CFR 35.104.

The work or tasks performed must be directly related to the individual’s disability. Examples include, but are not limited to: Assisting individuals who are blind or have low vision with navigation and other tasks; alerting individuals who are deaf or hard of hearing to the presence of people or sounds; providing non-violent protection or rescue work; pulling a wheelchair; assisting an individual during a seizure; alerting individuals to the presence of allergens; retrieving items such as medicine or a telephone; providing physical support and assistance with balance and stability to individuals with mobility disabilities; and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

The crime deterrent effects of an animal's presence do not constitute work or tasks for the purposes of this definition; nor does the emotional support, well-being, comfort or companionship provided by an animal.

Under particular circumstances set forth in the ADA regulations at 28 CFR 35.136(i), a miniature horse may qualify as a service animal.

Owner/Handler

A person with a disability that a service animal assists, or a personal care attendant who handles the animal for a person with a disability.

Emotional Support Animal (ESA)

Emotional Support Animals do not perform work or tasks that qualify them as service animals under the ADA. An Emotional Support Animal (ESA) is a companion animal that provides therapeutic benefit, such as alleviating or mitigating some symptoms of a disability, to an individual with a mental or psychiatric disability. ESAs are typically dogs and cats but may include other animals.

To be prescribed an ESA by a physician or other medical professional, the person seeking such an animal must have a verifiable disability. To be afforded protection under United States federal law, a person must meet the federal definition of disability and must have a note from a physician or other medical professional stating that the person has that disability and that the ESA provides a benefit for the individual with the disability. An animal does not need specific training to become an ESA.

An ESA may be necessary to afford a person with a disability an equal opportunity to use and enjoy college housing. ESAs that are not service animals under the ADA may still be permitted in college housing, in certain circumstances, pursuant to the Fair Housing Act.

Pet

A pet is an animal kept for ordinary use and companionship. A pet is not considered a service animal or ESA. Pets are not permitted in the facilities of the College. Any pets on the grounds of the College must be under appropriate restraint (leash, cage, etc.) and must be in close proximity to the owner at all times. The College may, in its sole discretion, require the removal of pets on its grounds for any reason.

Rationale

Minnesota State Community and Technical College is committed to providing equal access to programs, services and physical facilities to community members with disabilities. It is acknowledged that some community members with disabilities may require the use of service animals or ESAs while at the College. Minnesota State Community and Technical College reserves the right to amend these guidelines as needed, with or without prior notice.

Policy

Documentation Required for ESAs in Campus Housing

ESAs may be allowed in College campus housing at the discretion and approval of the College’s Accessibility Resources office. The following documentation is required:

1. An application. Students who are seeking to live in campus housing with their ESA are required to contact the Accessibility Resources office to begin the eligibility process by completing an application.
2. Proof of the animal’s age. An ESA must be at least 12 months old to be eligible to reside in campus housing.
3. Verification of a documented disability from a qualifying professional (psychiatrist, psychologist, neuropsychologist, etc.)

• There must be a link between the animal and a disability. Emotional distress resulting from having to give up an animal because of a “no pets” policy does not qualify a person for an accommodation under federal law. Any ESAs approved for use in facilities must meet College requirements/policies for animal health and behavior. A clear correlation between the functional limitation(s) of the disability and the role of the ESA is necessary.

4. Immunization records. The ESA must have current immunization against diseases, including rabies, distemper and parvovirus, or the appropriate vaccination series for the type of animal. Dogs must wear a rabies vaccination tag.
5. An Animal Orientation agreement, completed and signed by the owner/handler.

ALL of the steps required for an Emotional Support Animal must be completed in order to be considered for this accommodation.

ESA Requirements

1. The animal should be on a leash or harness when outside for exercise or restroom.
2. To the extent possible, the animal should be unobtrusive to other individuals and the College’s learning, living and working environment.
3. The ESA must wear an owner identification tag including owner name and contact information.
4. The ESA must be in good health. When necessary, the College has authority to require that the animal receive veterinary attention.
5. The care and supervision of the ESA is the responsibility of the owner/handler.
6. The owner/handler is responsible for cleaning up animal waste.
7. An ESA is only allowed in the campus housing facility for which it was approved.

ESA Waste Cleanup Rule

Cleaning up after an ESA is the sole responsibility of the handler. In the event that the handler is not physically able to clean up after the animal, it is then the responsibility of the handler to hire someone capable of cleaning up after the animal. The person cleaning up after the animal should abide by the following guidelines:

• Always carry sufficient equipment or materials for cleaning up the animal's feces whenever the animal is on campus.
• Properly dispose of waste and/or litter in appropriate containers.  

Pets

Pets are not allowed in Minnesota State Community and Technical College student housing. If there is an unauthorized animal on the premises and the resident fails to remove it within 24 hours of being notified, the animal will be removed. The College will contact local animal control personnel to remove the pet. Students will be fined $100 plus any other costs incurred.

Appeals and Grievances

Any person dissatisfied with a decision concerning a service animal or ESA may appeal by following these steps:

1. Written or emailed complaints should be filed with the Accessibility Resources Coordinator within 30 days of the date of the decision.
2. If an agreeable informal resolution is not reached, the student should file a complaint under the Dean of Equity and Inclusion or Dean of Students.
3. File a complaint directly with the U.S. Department of Education, Office for Civil Rights, by calling 800-421-3481 (Voice) or 800-877-8339 (TTY); or with the Minnesota Department of Human Rights by calling 800-657-3704 (Voice) or 800-627-3529 (MRS/TTY). The statute of limitations for filing a complaint with the Office for Civil Rights is 180 days from the time the incident occurred.