91¶ÌÊÓƵ

No. 5-50

Rev.

Date:  Nov. 8, 2018

POLICY

I. REFERENCES

A. PPM 3-34, Americans with Disabilities Act & Section 504 Request for Accommodation

B. PPM 3-32, Discrimination, Harassment, and Sexual Misconduct

II. PURPOSE

91¶ÌÊÓƵ is committed to helping students, faculty, staff, and community members participate fully in the University’s programs and activities within the bounds of maintaining safety, health, and security standards in regards to animals on University Controlled Property. This policy establishes the rules and expectations regarding the presence of animals on University Controlled Property. It also provides guidelines the University uses to determine whether or not an animal is a reasonable accommodation for individuals with a disability.

III. SCOPE  

This policy applies to all university-controlled properties, including all athletic facilities. 

IV. DEFINITIONS 

A. University-controlled property: Property that is owned, leased, operated, and/or maintained by 91¶ÌÊÓƵ. 

B. Service Animal: Any dog (or in certain circumstances a miniature horse) that is individually trained to do work or perform tasks for an individual with a disability. To determine whether or not the animal is a Service Animal, the University may ask if the dog is required because of a disability and what work or task the dog has been trained to perform. The work or task a dog has been trained to provide must be directly related to the person’s disability. Examples include, but are not limited to, guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting an individual who is having a seizure, or reminding a person with mental illness to take prescribed medications. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks under this definition. For purposes of this policy, police K-9s are considered a service animal as well as other animals that work for emergency personnel.

C.  Research and Teaching Animals: Approved animals used directly in support of 91¶ÌÊÓƵ’s mission of teaching, research, and or clinical programs. 

D. Emotional Support Animal (also known as Assistance Animals): An animal that provides an emotional, therapeutic, or psychiatric benefit to an individual as recommended by a physician, psychiatrist, social worker, or other mental health professional. Emotional Support Animals, differ from Service Animals and typically are not allowed on University Controlled Property except as required in housing. The University may inquire as to and require documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support that alleviates at least one identified symptom(s) or effects of an existing disability.

E. Pets: A domestic animal kept for personal pleasure, companionship, or curiosity that is not trained to perform any disability-related function.

V. SERVICE ANIMALS

A. Policy

Individuals with disabilities may be accompanied by their service animal on any premise or in any facility at 91¶ÌÊÓƵ where members of the public or participants in services, programs or activities are allowed to go including in University housing. The University may inquire of persons as to   whether an animal is a service animal as further described in Section IV.B. 

B. Exceptions

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 not under control or if the animal demonstrates it is not housebroken.

C. Responsibilities for Individuals with Service Animals

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 and licensure. A service animal must be harnessed, leashed, or tethered while in public places unless such devices interfere with the Service Animal's work or the person's disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal.

Individuals are responsible for ensuring the immediate cleanup and proper disposal of all animal waste.

VI. EMOTIONAL SUPPORT ANIMALS

A. Policy

Individuals with disabilities who have a need for a reasonable accommodation of an Emotional Support Animal may have an Emotional Support Animal in University housing but not elsewhere on University Controlled Property (except as otherwise allowed under the same circumstances as Pets, described in Section VII). The University may inquire of persons and require documentation as to whether an animal is an Emotional Support Animal.

Individuals desiring to have an Emotional Support Animal in the residence halls must follow the applicable process as outlined in PPM 3-34, Americans with Disabilities Act & Section 504 Request for Accommodation.

B. Exceptions

The University may exclude an Emotional Support 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; is not being cared for by the individual; or the accommodation is otherwise unreasonable.

C. Responsibilities of Individuals with Emotional Support Animals

The University is not responsible for the care or supervision of Emotional Support Animals. Individuals with disabilities are responsible for the control of their animals at all times and for ensuring the immediate cleanup 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.

VII. PETS

A. Policy

Pets are not permitted to enter campus buildings. Pets 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 waste.

Pets may be left in a personal vehicle so long as they do not pose a threat to passersby 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 University personnel.

VIII. REASONABLE ACCOMMODATIONS

An animal approved as a reasonable accommodation for an employee with a disability will be allowed as approved.  Prior approval must be received. See PPM 3-34, Americans with Disabilities Act & Section 504 Request for Accommodation, for further information about approval processes.

IX. PROHIBITED ANIMALS ON UNIVERSITY-CONTROLLED PROPERTY

A. Undomesticated and Other Animals

Undomesticated animals and animals such as poisonous reptiles, constricting snakes, wolves, and other potentially dangerous or aggressive animals are prohibited from all University-controlled property (inside and outside) at all times, except research and teaching animals.

B. Out of Control or Aggressive Animals

Any animal that is out of control or aggressive is prohibited on University Controlled Property.

C. Stray Animals

Feeding and housing of stray animals is not permitted. Stray animals should be reported to Facilities Management at 801-626-6331. 

X. ANIMALS USED FOR INSTITUTIONAL PROGRAMS OR SERVICES

A. Academic Purposes

Animals properly used in an academic course, in a laboratory, as a demonstration animal, or for law enforcement or rescue purposes, are allowed on University Controlled Property as approved by the University.

B. Events

On limited occasions animals may be permitted on institutional property for University events provided the impact of having the animal(s) on campus has been evaluated and the Events Coordination Committee has approved the event and animal attendance in advance.

XI. CONTROL OF ANIMAL BY OWNER

A. Animals brought on campus must be under the complete control of the owner at all times and present no hazard to people or property.  Complete control includes securing animals on campus grounds by a leash of a maximum length of six (6) feet, the other end of which is restrained by a person. The wearing of a muzzle by a dog shall not be regarded as control by its owner.  This applies to all animals on campus except for the limited exception provided for certain service animals as discussed in section IV, service or support animals while in an individual’s University housing assignment, and animals used for Institutional programs or services as approved.

XII. ADDRESSING POLICY VIOLATIONS

A. Anyone observing unauthorized animals on campus, animals not appropriately restrained, or other problem animals may call Facilities Management at 801-626-6331 or the 91¶ÌÊÓƵ Police Department at 801-626-6460 for emergency situation.

B. Any animal prohibited on University-controlled property may be immediately removed by a local animal control service or University personnel.

C. 91¶ÌÊÓƵ employees who violate this Policy may face disciplinary action under applicable disciplinary policies.

D. Students who violate this policy may face disciplinary action through the Student Code and/or may be found in violation of University Housing policies/contract.E. Cost of damage to property directly resulting from animals on institutional property shall be the sole responsibility of the owner.