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Pima County Community College District Standard Practice Guide

SPG Title: Guidelines for Utilization of Service Animals for Individuals with Disabilities
SPG Number: SPG-3603/BA
Effective Date: 3/10/04
Approval Date:  3/9/04
Review Date(s):  3/15/07; 1/5/14
Revision Date(s):
  3/15/07; 1/5/1
Schedule for Review & Update:  Every three years
Unit Responsible for Review & Update:   Office of the Provost
Sponsoring Unit/Department: Office of the Provost
Regulation Title & No.: Utilization of Service Animals by Individuals with Disabilities, RG-3603/B
Board Policy Title & No.: Disabled Student Resources, BP-3603; Equal Employment Opportunity, ADA Non-Discrimination and Anti-Harassment (including Sexual Harassment), BP-1501
Legal Reference: Americans with Disabilities Act of 1990 (as amended 2008); Rehabilitation Act of 1973, as amended; Department of Justice ADA revised Requirements for service animals 2010; A.R.S. § 11-1024 & 13-2910 28CFR 35, 136 Service Animals
Cross Reference: Equal Opportunity, ADA, Non-Discrimination and Anti-Harassment, RG-1501/A; Procedure for Complaints of Discrimination, Harassment and Retaliation, SPG-1501/AA; Disabled Students’ Complaint Procedure, SPG 1501/AG; Disabled Student Resources, BP-3603; Disabled Student Resources (DSR) Program, RG-3603/A; Equal Employment Opportunity, ADA, Non-Discrimination and Anti-Harassment (including Sexual Harassment), BP-1501; Americans with Disability Act Reasonable Accommodation Guideline for Employees/Applicants, SPG-1501/AC; ADA & Equal Opportunity, Reasonable Accommodation Guidelines for Students, SPG-1501/AD; Competitive Employment, RG-4201/A

Pima Community College is committed to compliance with applicable federal and state laws and regulations that prohibit discrimination on the basis of disability.
In regard to service animals, the College is aware of the profound level of assistance and enhancement such animals can offer in the lives of individuals with a variety of disability, and the degree to which they facilitate access on campus.  The College welcomes the use of service animals that meet the requirement s of applicable federal and state law at its various educational facilities and for its services, activities and programs.
Access and Compliance
These guidelines establish standards to ensure that persons with disabilities who have a legitimate basis for utilizing service animals on College premises are permitted to do so, with appropriate exceptions to prevent unacceptable risks to health, or safety and the fundamental alteration of services, activities, and programs.
The standards apply to students, employees, and the public who utilize PCC programs and services. The standard specifies expected behavior for service animals and partner/handler responsibilities; establishes protocol for the exclusion of animals under specific and appropriate conditions; and identifies general responsibilities of all members of the College community, to ensure both access and compliance with law.

3.  Applicability:

3.1   Who is ellegible to use a Service Animal?
A disability is defined as “A physical or mental impairment that substantially limits one or more major life activities of an individual, a record of having such an impairment, or being regarded as having such an impairment,” by Title II of the ADA Regulations, 28 § 35.104. Except for ordinary eyeglasses or contact lenses, the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures (ADA Amendment Act of 2008 P.L. 110- 325).  Only individuals meeting the definition for disabled or the comparable definitions under 504 or state law may use service animals on College property or at College activities.
3.2  What Qualifies as a Service Animal?
The ADA defines service animals as “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 for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual´s disability.
Examples of work or tasks 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  the 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 and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition”. (Title II 28 C.F.R. § 35.104 & 35.136) Arizona Revised Statute 11-1024 also defines a "Service Animal"  as “any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability”.  Therefore, Pima College recognizes dogs and, in some cases, miniature  
Miniature horses may be used as a service animal subject to an assessment of the type, size and weight of the miniature horse and whether the facility can accommodate these features. The same provisions that apply to service dogs also apply to miniature horses.
3.3   What Qualifies as a Therapy, Emotional Support or Assistance Animal?
Therapy animals are animals with good temperaments selected to visit various facilities and programs for the benefit of those using their services.  Emotional Support Animals (sometimes called assistance animals) serve as companions for people with various disabilities.  According to the ADA “the crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition” (Title II 28 C.F.R. § 35.104). Such animals are thus.
3.4     Direct Threat
“Direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services as provided in  § 35.139. (Title II § 35.104).
4.    Process and Procedures
4.1     Procedures for Students and the Public Utilizing Service Animals
The ADA authorizes the use of service animals for the benefit of individuals with disabilities at public institutions. Pre-authorization of the use of a service animal at the College is not needed. Only two questions are allowed under the ADA regulations when it is not readily apparent that an animal is trained to do work or perform tasks for an individual with a disability.  These questions shall be asked by the personnel from the college ADR or EEO offices in a discrete manner not in front of other students or employees:
1)  Is this a service animal required because of a disability?
2)  What work or task has the dog (animal) been trained to perform? (Title II § 35.136)
Some form of visible indication (such as a vest, harness or tag) may be present to allow others to readily recognize that a dog is working, but this type of visible indication is not required
The DSR and the EEO offices will provide training to College personnel on the application of this SPG. 
4.2     Administrative Procedures for Employees Utilizing Service Animals
The EEO/AA/ADA 504 Officer is responsible for analyzing and authorizing the use of a service animal as a reasonable accommodation for employees. The Chief Human Resource Officer or designee shall make the final determination if the decision of the EEO/AA/ADA 504 Officer is challenged.
4.3     Access for Partner/Handlers with Service Animals
Only animals qualifying as service animals under state or federal law are permitted on College facilities, except under limited circumstances.
Service animals may be excluded from college facilities when:
4.3.a    the animal is out of control and the animal's handler does not take effective action to control it (§ 35.136);
4.3.b    the animal is not housebroken (§ 35.136);
4.3.c    the animal poses a “Direct Threat” to the health and safety of the public, employees, and/or students (§ 35.139); or
4.3.d    the animal causes a “Fundamental Alteration” of curricula, services, activities, or programs (§  35.164).
In the case of students, the campus Vice Presidents of Student Development (or the acting designees) and DSR supervisor, in consultation with DSR Specialists, are charged with taking administrative action if any of the above conditions exist. Individuals with concerns or questions about an animal may contact their administrative supervisor, campus Vice President of Student Development (VPSD), campus police or security.  If handler is member of the public or employee, EEO/AA and ADA office should be contacted. Campus police should be called in cases of “direct threat” or property damage.
5.       Alternative Access or Accommodation
If the College determines that the use of a particular animal will not be permitted, the DSR Specialists (for students), or the EEO/AA & ADA Officer (for employees and the general public) may engage in an interactive dialogue with the disabled individual to determine whether alternative accommodations are available and reasonable to permit the individual to participate in services programs or activities.
6.       Administrative Procedures for Utilization of Emotional Support (Assistance) and/or Therapy Animals
Therapy and emotional support animals not trained to perform work or tasks are not considered service animals (Title II 28 C.F.R. § 35.104) and are not generally permitted on PCC premises.  Exceptions may be possible when the individual requesting the assistance of an emotional support (assistance) animal provides appropriate documentation to the College from a qualified mental health professional that demonstrates the animal ameliorates a condition that qualifies as a disability, is required for access to services, programs or employment at the College and that no alternative accommodations would serve the same purpose.  Such exceptions will be made through the College’s interactive accommodation determination process.  Areas of approved access for the animal will be determined during that time, based on individual need.  If approved, such animals will be required to meet all the behavioral expectations of a service animal, except the performance of specific tasks.  Therapy animal teams working under the authority of a College approved agency may also be invited to provide services on campus for specific events.
7.       Requirements for Faculty, Staff and Students Regarding Service Animals Utilized on College Facilities
Faculty, staff, and students must:
7.1            Allow a service animal to accompany the partner/handler at all times and in all locations on campus or where other students and the public are generally permitted. Exceptions and inquiries regarding concerns should be directed as specified in   the Access for partners and handlers section above.  If you have any questions contact the PCC ADR or EEO offices.
7.2            Never intentionally harass, startle, distract, or interfere with the work of a service animal. Violations may be subject to code of conduct penalties or penalties from other applicable policies (e.g. ARS 13-2910, Cruelty to animals; interference with working or service animal).
7.3            Never attempt to separate a partner/handler from her or his service animal unless required by emergency circumstances.
7.4            Not feed, pet, or interact with a service animal without the partner/handler's expressed permission. Follow any instructions given for any interaction. Petting and attention given to animals may distract them and make it difficult for them to serve the person with a disability.
7.5            Not ask questions about the person’s disability.
8.       Areas Off-Limits To Service Animals
Areas restricted to service animals will be determined on a case by case basis Determination of areas that are off-limits to service animals shall be made by the appropriate administrative authority for the department or facility and in consultation with qualified College personnel with expertise in the academic or student services area (instructors, staff, etc.), as well as in conjunction with the authorized DSR personnel  with oversight by the DSR 504 Coordinator Director and/or the AA/EEO & ADA/504 EEO/AA/ADA 504 Officer. * Individual exceptions granting access to restricted areas may also be made (with any appropriate parameters or constraints) by the appropriate administrative authority for the facility.
Service animals may not be permitted to work in areas where they may interfere with the fundamental nature of the activities being conducted there. Examples include, but are not limited to:

  1. laboratories where introduced viruses or bacteria might  would interfere with scientific work,
  2. areas in which food is being prepared for the public,
  3. mechanical rooms or machine-based instructional areas in which noise or machinery  may pose a hazard to the animal,
  4. areas where protective clothing is required, or other areas that may reasonably pose a hazard to the animal.

Determination of areas that are off-limits to service animals shall be made by the appropriate administrative authority for the department or facility in consultation with qualified College personnel with expertise in the academic or student services area (instructors, staff, etc.), as well as DSR Director and/or the EEO/AA/ADA Officer. * Individual exceptions granting access to restricted areas may also be made (with any appropriate parameters or constraints) by the appropriate administrative authority for the facility.
9.       Conflicts between the Needs of Persons with Documented Disabilities
In a case in which the use of the service animal may conflict with the rights granted by ADA/504 to other students with disabilities (e.g. the dander of a service animal makes it impossible for a student with a chemical sensitivity disorder to be in the same class due to threats to health) the College reserves the right to determine how the conflicting interests will be resolved.
10.            Behavioral Guidelines for Service Animals
Service animals must be capable of demonstrating appropriate attention, responsiveness to commands, and general working behavior. General behavioral expectations for service animals include:

10.1      Proximity and Calmness:  Service animals maintain quiet, calm, and close proximity to their partner/handler - at their side, at their feet, by the side of the wheelchair, etc.  In classrooms, cafeterias, and other public areas, the service animal is to be placed in such a manner so that they are out of the traveling paths of others.

10.2       Supervision:  Service animals must be supervised by the handler at all times.  College personnel are not responsible for supervision of service animals (§ 35.136).

10.3       Service animals must be supervised by the handler at all times.  College personnel are not responsible for supervision of service animals (§ 35.136).

10.4       Control: The Service animal must remain in the control of the Partner/Handler, on some form of tether (such as a leash or harness system, at all times including between classes and during toileting. The only exceptions to the use of a tether are when the animal is unable to safely and effectively perform required work with one, in which case the animal must still be under the handler’s control (Title II § 35.136).

10.5       Aggression and Direct Threat: The service animal must, remain in owner’s control and display appropriate behaviors with other animals and people at all times.  Growling; showing barred teeth; raising hackles; barking; fighting with other animals; biting or snapping; etc. may be grounds for exclusion of the animal. The service animal may not present a direct threat to itself, persons, or other animals through its behavior.

10.6       Disruption or Distraction: The service animal must not disrupt or cause a fundamental alteration by such behaviors as jumping; barking; uncontrolled sniffing; begging, whining or distracting noises; inability to settle appropriately; etc. However, the mere presence of a Service animal will not normally be considered an inappropriate disruption or distraction.

10.7       Toiletry: The service animal must be housebroken and relieve itself only in appropriate outside areas.  Handler is responsible for ensuring that waste is removed.

10.8       Hygiene: Service animals must behave in such a way as to maintain appropriate hygiene for the general public, i.e. including but not limited to: keeping noses, paws, and other body parts away from tables, trays, food-serving counters, etc.
11.  Animals “In Training”
Under Arizona law (A.R.S. 11-1024) service animals in training may accompany the trainer in the same places as a service animal.  Service animals in training may not be fully mature in the provision of work and performance of tasks or completely reliable in their behavior, but are expected to demonstrate good progress toward the Behavioral Guidelines as outlined above, and must not show aggression. The service animal in training must be under the control of the partner/handler or trainer (who may or may not have a disability) at all times. If the service animal in training shows improper behavior, the partner/handler or trainer must act promptly and humanely to correct the animal’s conduct, or remove the animal from PCC facilities.  The person training a service animal on campus takes full responsibility for the animal’s behavior.
12.     Partner/Handler’s Responsibilities
Partner/handlers are responsible to comply with all applicable animal welfare laws and municipal, county, and state statutes and regulations pertaining to animals in general and service animals. The partner/handler is responsible for awareness of these applicable laws, codes, statues, and regulations.
13.     Exclusion of Animals: Tests and Conditions
Determinations by personnel authorized under this regulation for exclusion of animals from services, activities, or programs of the College shall be subject to one or more of the following tests and conditions:
13.1       The animal does not meet the ADA definition of service animal.
13.2       The presence of the animal is determined to constitute a “Direct Threat”.
13.3       The presence of the animal is determined to constitute a fundamental alteration to specific or multiple curricula, services, activities, or programs of the College.
13.4       The animal is out of control and the animal's handler does not take effective action to control it.
13.5       The animal is determined to not be housebroken as demonstrated by toileting in inappropriate locations.
13.6       Clear and present hazards exist to the safety of the service animal in the specific environment of the service, activity, or program.
14.     Violations and Removal
Aggressive or 'Direct Threat' behaviors, or evidence of incorrigibility, may result in permanent exclusion.  Violations of general behavioral guidelines and partner/handler expectations will be handled through discussion with the Vice Presidents for Student Development in consultation with DSR personnel (in the case of students), EEO/AA &ADA officer (in cases of employees and members of general public) or Campus Police (students, employees and public).  A comprehensive assessment of circumstances, including mitigating factors, will be conducted before any permanent exclusion.
15.     Reinstatement of Service Animal for Utilization on College Premises
A Service animal previously excluded from College property or activities may return upon a showing of satisfactory evidence (i.e. appropriate documentation and/or demonstration) that the reasons for exclusion have been remediated.
16.     Disputes
16.1   Disputes by Students
A student who wishes to dispute the exclusion of an animal shall follow the procedures outlined in SPG-1501/AG (Disabled Students’ Complaint Procedure).
16.2   Disputes by Employees or Applicants
An employee or applicant who wishes to dispute a determination about his or her proposed use of an animal for reasonable accommodation or the exclusion of that animal shall follow the procedures outlined in SPG-1501/AC (ADA & Equal Opportunity, Reasonable Accommodation Guideline for Employees/Applicants).
16.3   Disputes by Members of the Public
Members of the public who wish to dispute an exclusion of an animal should contact the EEO/AA/ADA Officer.  Agencies outside of the college may be contacted by members of the public if the PCC EEO/AA/ADA Officer does not resolve the dispute.
17.     Final Internal Authority
In matters of disputes related to decisions regarding undue hardship or direct threat, the Chancellor or designee, will provide final decisions as outlined in SPG-1501/AC, Reasonable Accommodation Guideline for Employee/Applicants, or SPG-1501/AG, Disabled Students’ Complaint Procedure.
Issues involving allegations of discrimination or harassment based on either the individual's disability or implementation of an accommodation for the individual will be processed through the College's internal discrimination complaint procedure as outlined in SPG-1501/AA, Procedure for Complaints of Discrimination, Harassment or Retaliation for employees and the public; or SPG-1501/AG, Disabled Students’ Complaint Procedure.
The AA/EEO & ADA Office has oversight and monitoring responsibility for these processes.
18.     Outcomes
Students, employees and the general public requiring the use of service animals to remove barriers to access College facilities programs, and/or employment will have full access and be served in a consistent manner.