SUU Seal (for official use only)

POLICY #5.59
SUBJECT: Animals on Campus


I. PURPOSE

This Policy establishes the rules and expectations regarding the presence of animals on campus. It also provides the guidelines the University uses to determine whether or not an animal is a reasonable accommodation for an individual with a documented disability. Southern Utah University is committed to complying with state and federal laws pertaining to individuals with disabilities and federal housing regulations.

When determining whether an animal may be considered a reasonable accommodation, the University must balance the needs of the individual requesting the accommodation with the impact the animal may have on others within the campus community. Where it is not readily apparent that the animal is a service or therapy animal, the individual will be given the opportunity to show the animal is a service animal needed for a disability or that the animal is a service animal in training. If the individual cannot identify a specific task the animal performs, the animal will not be deemed a service animal. Individuals may choose to provide additional information such as documentation provided on letterhead from a treating physician or mental health provider, which permits the University to determine: (1) the individual has a disability for which the animal is needed; (2) how the animal assists the individual, including whether the animal has undergone any training; and (3) the relationship between the disability and the assistance the animal provides.


II. REFERENCES

  1. Southern Utah University Policy 6.43 Care and Use of Vertebrate Animals in Research and Instruction
  2. Southern Utah University Policy 11.2 Student Conduct Code
  3. Southern Utah University Policy 11.11 Disability-Related Grievances
NOTE: Portions of this Policy are from the University of Oklahoma. Permission for use was granted.

III. DEFINITIONS

N/A

IV. POLICY

  1. Service Animals
    1. Policy
      1. Individuals with disabilities may be accompanied by their service animal on any premise or in any facility at Southern Utah University where members of the public or participants in services, programs or activities are allowed to go. By law, a service animal means any dog that is 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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals. The University may permit miniature horses on campus on a case-by-case basis, consistent with applicable law.
      2. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of such tasks include, but are not limited to: assisting an individual who has limited vision with navigation; alerting individuals who are hard of hearing to the presence of people or objects; pulling a person's wheelchair; or providing assistance with stability or balance to an individual with a mobility disability.
      3. Federal law does not require the individual to provide documentation that an animal has been trained as a service animal. The University may, however, ask if the animal is required because of a disability, as well as what work or task the animal has been trained to perform.
    2. Exceptions
      1. The University may exclude a service animal from campus if its behavior poses a direct threat to the health or safety of others or when its presence fundamentally alters the nature of a program or activity. Furthermore, the University may ask an individual with a disability to remove a service animal from campus if the animal is out of control and the individual does not take effective action to control it; or if the animal demonstrates it is not housebroken.
    3. Responsibilities for Individuals with Service Animals
      1. The University is not responsible for the care or supervision of service animals. Individuals with disabilities are responsible for the control of their service animals at all times and must comply with all applicable laws and regulations, including vaccination, licensure, animal health and leash laws. A service animal shall be restrained with a harness, leash, or other tether, unless an individual’s disability precludes the use of a restraint or if the restraint would interfere with the service animal's safe, effective performance of work or tasks. If a service animal is not tethered, it must be otherwise under the individual’s control, whether by voice control, signals, or other effective means.
      2. Individuals are responsible for ensuring the immediate clean-up and proper disposal of all animal waste. Although the University may not charge an individual with a disability a service animal surcharge, it may impose charges for damages caused by a service animal in the same manner the University imposes charges for damages caused.
  2. Assistance Animals
    1. Policy
      1. Federal housing laws and regulations allow individuals with disabilities the presence of a broader range of animals (“assistance animals”) in University housing as compared with the campus as a whole. By law, an assistance animal means any service animal, as defined above, as well as an animal needed for emotional support. An individual may keep an assistance animal as an accommodation in University housing if: (1) the individual has a disability; (2) the animal is necessary to afford the individual an equal opportunity to use and enjoy a dwelling; and (3) there is an identifiable relationship between the disability and the assistance the animal provides.

        Individuals desiring to keep an assistance animal in the residence halls must receive approval from the Coordinator of Services for Students with Disabilities.
    2. Exceptions
      1. The University may exclude an assistance animal from University housing if the animal is not housebroken; causes substantial physical damage to the property of others; poses a direct threat to the health or safety of others; would fundamentally alter the nature of a program or activity; or is not being cared for by the individual.
    3. Responsibilities of Individuals with Assistance Animals
      1. The University is not responsible for the care or supervision of assistance animals. Individuals with disabilities are responsible for the control of their assistance animals at all times and for ensuring the immediate clean-up and proper disposal of all animal waste. Individuals must comply with all applicable laws and regulations, including vaccination, licensure, animal health and leash laws, as well as the University’s rules in lease provisions regarding vaccination, licensure, leash control, cleanup rules, animal health, and community relationships.
  3. Pets
    1. Policy
      1. Any domesticated animal that does not meet the definition of a service animal or assistance animal will be considered a pet by the University. Pets are not permitted to enter campus buildings. Animals walking around or across the campus’ grounds are allowed if they are accompanied and appropriately restrained by their owner and comply with all applicable laws and regulations, including vaccination, licensure, animal health, and leash laws. Individuals walking their pets around or across the campus grounds are responsible for the immediate removal of their pet’s waste.
      2. Animals are prohibited from all campus athletic playing fields and turf without prior written permission of the University Athletic Director.
      3. Pets may be left in a personal vehicle so long as they do not pose a threat to passers- by and they are not in danger of distress. Unattended or unrestrained pets, other than those left in vehicles, pets that pose a hazard or potential hazard to passers-by, or pets in danger or distress, will be removed from institutional property by a local animal control service or the Southern Utah University Police Department.
  4. Animals Used for Institutional Programs or Services
    1. Policy
      1. Any animal used in an academic course, in a laboratory, as a demonstration animal, or for law enforcement or rescue purposes, is allowed on institutional property, so long as:
        1. Such animal has a current, valid license and current vaccinations, according to the requirements for all animals of the same species in the municipality or local area government where such animal resides or is located;
        2. Such animal is under appropriate restraint and under appropriate control at all times and is housebroken; and
        3. Such animal does not pose a direct threat to the health or safety of other people on institutional property.
        4. The standards and practices associated with such academic, laboratory, and research purposes are followed (see Policy 6.43).
    2. Exceptions
      1. On limited occasions animals may be permitted on institutional property for student events provided the impact of having the animal(s) on campus has been evaluated and the event has been approved in advance by the Offices of Parking and Guest Services and the following parameters have been met:
        1. Appropriate insurance has been purchased and a certificate of insurance with general liability insurance limits of $1,000,000 per occurrence and $3,000,000 aggregate. SUU must be named as an additional insured and accompanied by an additional insured endorsement.
        2. Written indemnification/hold harmless agreement on behalf of the University.
        3. Proof of compliance with all applicable laws and regulations, including vaccination, licensure, and animal health and leash laws.
  5. Addressing Policy Violations
    1. Anyone observing unauthorized animals on campus, or animals not appropriately restrained, should call the Southern Utah University Police Department at 435-586-1911.
    2. SUU employees who are repeat violators will face disciplinary action including but not limited to letters of reprimand, or in extreme cases, potential loss of employment.
    3. Students that repeatedly violate this Policy may also face disciplinary action including reprimand through Policy 11.2, or in extreme cases, removal from University Housing, suspension or expulsion from the University.
    4. Cost of damage to property directly resulting from animals on institutional property shall be the sole responsibility of the owner.
    5. The individual(s) responsible for any damage to institutional property caused by their animal will be required to pay for the repair or replacement of the damaged property as determined by University Housing, Facilities Management, or the Purchasing Department.
  6. Grievances and Appeals
    1. Grievances and/or appeals arising from the application of this Policy will be addressed through the procedures established in Policy 11.11. If the nature of the grievance or appeal is not related to seeking an accommodation for a disability, individuals should direct their grievance or appeal to the Vice President for Student Affairs or their designee who will consider them on a case-by-case basis.

V. RELEVANT FORMS/LINKS

N/A

VI. QUESTIONS/RESPONSIBLE OFFICE

The responsible offices for this Policy are the Vice President for Student Affairs and the Vice President for Finance and Administration. For questions about animals in housing, contact Housing and Residence Life. For questions about assistance animals, contact Disability Services.


VII. POLICY ADOPTION AND AMENDMENT DATES

Date Approved: December 2, 2010

Amended: August 24, 2012; January 30, 2015