Service, Emotional Support, and Other Animals (Draft)

The original policy can be found at https://cam.illinois.edu/policies/fo-53/

Purpose

The purpose of this policy is to ensure that individuals with disabilities who require the use of Service or Emotional Support Animals have equal access to university programs, services, and activities, in accordance with state and federal law. This policy also addresses the admissibility of other animals on campus.

Scope

This policy applies to all university students, faculty, staff, and visitors.

Authority

Vice Chancellor for Diversity, Equity and Inclusion

Policy

1. Animals are generally prohibited in all buildings except as otherwise expressly permitted under this policy. Service Animals, Service Animals in Training, Emotional Support Animals, Therapy Dogs and Pets are permitted on University Property, subject to the procedures and guidelines set forth and referred to in this policy.
2. Animals used in authorized university research and teaching are permitted on University Property and in Animal Facilities in accordance with the research or educational program and consistent with the Care and Use of Animals in University-Sponsored Activities Policy.
3. Trained police dogs accompanied by their law enforcement Handlers are permitted on University Property for official law enforcement purposes.
4. Animals requiring medical care or treatment are permitted at the Veterinary Teaching Hospital.
5. Pets under the complete control of their Handlers are permitted on the Grounds and may participate in events sponsored by Registered Student Organizations (RSOs) or university units only if approved by the Designated Official responsible for the University Property.
6. Therapy Dogs with their trained Handlers are permitted in Publicly Accessible Areas (with advance approval of the Designated Official, if inside a building) to assist licensed health care providers with therapy provided by or sponsored by a university unit and to assist with university-sponsored outreach events related to such therapy. The Therapy Dog Handler must provide proof of requisite training to the sponsoring university unit, which shall retain the materials for three years.
7. No Animals are permitted in Service Animal Prohibited Areas, except those approved under the Care and Use of Animals in University-Sponsored Activities Policy.
8. No person shall misrepresent the need for, or the status of, a Service Animal, Service Animal in Training, Emotional Support Animal, or Therapy Dog.

Definitions

Animal means any live, vertebrate species.

Animal Facility means an area of University Property that is subject to federal inspection for use in animal confinement, housing, breeding, experimentation, or teaching. Examples of Animal Facilities include laboratories, animal housing units, barns, pastures, pens, and other farm property.

Designated Official means the individual who has been appointed by the chancellor or the chancellor’s designee to manage events and activities and to make decisions about use of specific University Property. If no Designated Official has been appointed for the specific University Property, then the Office of the Vice Chancellor for Administration and Operations is appointed to manage such decisions with appropriate stakeholders..

Direct Threat means a significant risk of substantial harm to the health or safety of others that cannot be eliminated or reduced by reasonable accommodation. Assessment of direct threat requires reasonably available, objective evidence of the duration of the risk and the nature, severity, likelihood, and imminence of the potential harm.

Disability, in the context of this policy, means a physical or mental impairment that substantially limits one or more major life activities.

Emergency Shelter means a specific location designated by the university for people to live temporarily when they cannot live in their previous residence.

Emotional Support Animal, also known as an assistance animal, means an Animal that assists or supports an individual with a disability. The support may provide comfort that alleviates one or more identified symptoms or effects of the disability. An Emotional Support  Animal differs from a Service Animal in that it does not need to be trained to perform specialized tasks. An Emotional Support Animal may be a dog, cat, or other domesticated Animal.

Fundamental alteration means a change to the essential nature of a service, program or activity.

Grounds means outdoor areas of University Property excluding Animal Facilities.

Handler means an individual exercising care, custody, or control over an Animal, such as a Service Animal trainer or the individual for whom a Service Animal performs work or tasks.

Service Animal Prohibited Areas means areas of University Property where general public access is restricted, only those with requisite training and certification are permitted entry, and screening and quarantining measures maintain biosecurity and/or research integrity. Service Animal Prohibited Areas include sterile laboratories and operating rooms and animal housing and treatment facilities containing prey species. The presence of Service Animals and Service Animals in Training in Service Animal Prohibited Areas would cause fundamental alteration or direct threat to University programs, services, and activities.

Pet means a non-university-owned, domesticated Animal kept for companionship or comfort but that is not a Service Animal, Service Animal in Training, Emotional Support  Animal, or Therapy Dog.

Publicly Accessible Areas means areas of University Property generally open to University Community Members and Visitors for access and use in accordance with university policy and applicable law during open hours, as determined by the university.. Publicly Accessible Areas include, for example, Grounds, classrooms and other research and teaching facilities, libraries, lecture halls, auditoriums, stadiums, arenas, dining halls, restaurants, retail stores, health care facilities, University Housing, and Emergency Shelters.

Service Animal means a dog (or in some cases, a miniature horse) that is individually trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The tasks performed by the animal must be directly related to the person’s disability. Service Animals include, but are not limited to, guide dogs, hearing dogs, seizure alert or response dogs, mobility service dogs, and dogs or miniature horses that perform other specialized tasks related to a disability. No special certification or documented proof of training is required.

Service Animal in Training means a dog or miniature horse that is in the process of being individually trained to do work or perform tasks for an individual with a disability.

Therapy Dog means a dog used (a) to assist a licensed health care provider with therapy provided by or sponsored by a university unit or (b) to assist with university-sponsored outreach events related to such therapy, and such dog has: (i) earned the AKC Community Canine title by successfully completing the advanced level of the AKC Canine Good Citizen program and (ii) been certified as an AKC therapy dog by an AKC-recognized national therapy dog registration/certification organization.

University Community Members means all university employees (including faculty members and staff), students, Registered Organizations, and Registered Student Organizations.

University Housing means university-owned or operated residential accommodations, including residence halls and apartments.

University Property means all buildings, grounds, and other internal and external spaces , owned or controlled by the University of Illinois.

Visitor means any individual or group who is not a University Community Member.

Processes/Procedures/Guidelines

All Animals

1. Animals must be under the control of their Handlers at all times with a harness, leash, or other tether, unless (i) these devices interfere with the Animal’s safe, effective performance of its work or tasks or (ii) the individual’s disability prevents the use of these devices, in which case the Handler must maintain control of the Animal through voice, signal, or other effective controls.
2. The Handler must take effective and immediate action when the Animal is out of control, including exhibiting aggressive, threatening, or disruptive behavior like jumping, unprovoked growling, and uncontrolled barking.
3. The Handler is responsible for the proper care and supervision of the Animal, including compliance with requirements for licensure, vaccination and identification tags, and all associated costs.
4. The Animal must be housebroken, meaning the Animal is trained to urinate and defecate in appropriate areas. The Handler is responsible for disposing of Animal waste and the cost of cleaning and repair of University Property required as a result of the Animal’s presence, as determined by the university.
5. The university may require that any Animal be removed from University Property under certain situations (described below).

Service Animals and Service Animals in Training

Students and Visitors

1. Service Animals and Service Animals in Training are permitted in Publicly Accessible Areas in which their Handlers are permitted access.
2. The university may not ask an individual about the nature or extent of their disability or for access to medical records or medical providers to determine whether an Animal qualifies as a Service Animal or Service Animal in Training.
3. The university may not require documentation or proof that a Service Animal or Service Animal in Training has been certified, trained, or licensed as a Service Animal. Only when it is not readily apparent that an Animal is a Service Animal, the university may ask:
   1. Is this a Service Animal that is required because of a disability; and
   2. What work or tasks has the Service Animal been trained or is it being trained to perform?
4. The university may not request that a Service Animal or Service Animal in Training wear a vest or other identifying markers or demonstrate its ability to perform its work or task.
5. The university may deny a Service Animal or Service Animal in Training access to Publicly Accessible Areas only if:
   1. the Service Animal or Service Animal in Training is out of control and the Handler does not take effective action to control it;
   2. the Service Animal or Service Animal in Training is not housebroken;
   3. the presence of a Service Animal or Service Animal in Training would fundamentally alter the nature of the service, program or activity; or
   4. the presence of a Service Animal or Service Animal in Training would pose a direct threat to the health or safety of others.
6. Prior to requesting the Animal’s removal from University Property because the Animal is out of control, the Handler must be afforded the opportunity to bring the animal under control. If the behavior persists, a university employee may request that the Handler remove the Animal from University Property.
7. If the Animal is not housebroken, is in a prohibited area, or injures or attempts to injure a person or property, a university employee may request that the Handler immediately remove the Animal from University Property.
8. The Designated Official shall consult with the ADA Coordinator or the ADA Coordinator’s designee prior to determining whether the presence of a Service Animal or Service Animal in Training constitutes a fundamental alteration or direct threat.
9. If the Designated Official denies a Service Animal or Service Animal in Training access to a Public Access Area, the Designated Official shall work with the individual with a disability to identify any effective alternatives to the presence of the Animal that would allow the Handler’s continued participation in the service, program, or activity. The Designated Official shall consult with the ADA Coordinator or the ADA Coordinator’s designee, if necessary.
10. The university may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities.

Employees

Pursuant to the university Reasonable Accommodations Policy, an employee who requests use of a Service Animal as a reasonable accommodation in the workplace must contact the Accessibility & Accommodations Division of the Office for Access & Equity at accessibility@illinois.edu or 217-333-0885.

Emotional Support Animals

1. As with any reasonable accommodation request, the university may verify the existence of the disability and the need for the accommodation if either is not readily apparent. The university may ask individuals to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the Emotional Support Animal provides support that alleviates at least one identified symptom of the disability and enables equal access to the University service, program, or activity at issue.
2. An Emotional Support Animal is only permitted on the University Property for which the handler has an approved Emotional Support Animal accommodation.
3. The university may deny the request for an Emotional Support Animal if the specific Animal would:
   1. pose a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation;
   2. cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation;
   3. pose an undue financial and administrative burden (significant difficulty or expense); or
   4. fundamentally alter the nature of the service, program, or activity.

Students

Pursuant to § 1-110 of the University of Illinois Student Code, a student who requests use of an Emotional Support Animal as a reasonable accommodation must contact the Division of Disability Resources and Educational Services (DRES) at disability@illinois.edu or (217) 333-1970.

Employees

An employee with who requests use of an Emotional Support Animal as a reasonable accommodation in the workplace must contact the Accessibility & Accommodations Division at accessibility@illinois.edu or 217-333-0885.

Visitors

Pursuant to the Reasonable Accommodations Policy, a Visitor who requests use of an Emotional Support Animal as a reasonable accommodation must contact the university department or unit hosting the relevant event.

A Designated Official shall consult with the ADA Coordinator or the ADA Coordinator’s designee before denying a request for an Emotional Support Animal under C(c)(i)-(iv) of this policy.

Designations of Service Animal Prohibited Areas

The ADA Coordinator Office approves requests for designations of Service Animal Prohibited Areas and maintains a list of these locations. To request designation of a Service Animal Prohibited Area, a Designated Official must provide to the ADA Coordinator Office sufficient information to demonstrate the fundamental alteration or direct threat Service Animals and Service Animals in Training pose. The requesting Designated Official should include:

1. A risk assessment identifying each individual area for which designation is requested (designation of an entire facility is not appropriate without supporting information) and
2. Sufficient information demonstrating that the University cannot eliminate the identified risk through modifications of policies, procedures, or practices.

Upon designation of the Service Animal Prohibited Area, the Designated Official will post signage onsite identifying the location as a Service Animal Prohibited Area.

The ADA Coordinator Office may revisit Service Animal Prohibited Area designations or requests upon receipt of additional requests or new information.

To request alternative, reasonable accommodations for Service Animal Prohibited Areas, students should contact DRES at disability@illinois.edu or (217) 333-1970; employees should contact the Accessibility & Accommodations Division at accessibility@illinois.edu or 217-333-0885; and visitors should contact the university department or unit hosting the relevant event.

Complaints and Concerns

Handlers may file complaints of discrimination on the basis of disability with the Equal Employment Opportunity Division of OAE at eeodivision@illinois.edu or (217) 333-0885.

Individuals with concerns about the behavior or presence of an Animal on University Property may notify the Designated Official for the University Property at issue, for review under this policy.

Primary Legal Authorities

• Titles I, II and III of the Americans with Disabilities Act, 42 USC §§12131-12165; §§12181-12189 and companion regulations at 28 CFR Part 35-36. See also Final Rule at 75 Fed. Reg. 56164 (Sept. 15, 2010).
• Fair Housing Act, 42 USC 3601, et seq. and companion regulations at 24 CFR Part 100
• Section 504 of the Rehabilitation Act of 1973, 29 USC §701 et seq. and companion regulations at 10 CFR Part 4
• Centers for Disease Control and Prevention, Guidelines for Environmental Infection Control in Health-Care Facilities: Recommendations of CDC and Healthcare Infection Control Practices Advisory Committee (June 2003)
• Office of Fair Housing and Equal Opportunity Notice: FHEO-2013-01: Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs (April 25, 2013).
• Illinois White Cane Law, 775 ILCS 30
• Illinois Service Animal Access Act, 720 ILCS 5/48-8

Contact

ADA Coordinator Office, adacoordinator@illinois.edu, 217-300-8670