ADA Policy for Service Animals

St. Olaf College Service Animal Policy

Please keep in mind that:

Misrepresenting an animal as either a service animal or as an emotional support animal jeopardizes the independence and safety of people with disabilities. It also puts highly trained, expensive, and necessary Service Animals at risk of injury or death. Every time someone misrepresents their animal as a service animal it erodes the rights and public perception of people with disabilities as well as legitimate service animals.

Minnesota statute 609.833: It is against the law to misrepresent an animal as a service animal to obtain any rights or privileges available to a person who qualifies for a service animal under state or federal law knowing that the person is not entitled to those rights or privileges, and is punishable by fines and jail time. An emotional support animal is not a service animal and their owners may also be liable under this law.

Minnesota statute 609.226: It is a misdemeanor for a dog owner who fails to control their dog that results in a service animal being hurt. Any cost associated with the incident may be placed on the dog owner.

Minnesota statute 343.21: It is a gross misdemeanor for a person to harm a service animal. Penalty may be imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

Section I. Introduction and Background

This policy speaks to the presence of Service Animals on campus, as defined by the Department of Justice, under the Americans with Disabilities Act.  Those wishing to have other animals on campus should contact the Office of Disability and Access for information about restrictions, or for referral to other offices on campus. Dogs must be at least one year of age to live in campus housing.

Service Animals

The Americans with Disabilities Act (ADA) defines service animals as “dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or tasks a dog has been trained to provide must be directly related to the person’s disability.”  A service dog can be any breed or size. It might wear specialized equipment such as a backpack, harness, or special collar or leash, but this is not a legal requirement.  If a dog meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government or a training program.

The ADA further states that “dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.”

The ADA allows service animals accompanying persons with disabilities to be anywhere that is open to the public on St. Olaf College premises.  St. Olaf College premises shall mean any land and/or facility owned, leased, rented and/or occupied by St. Olaf College.  There may be individual exceptions in places where the presence of the service animal may compromise safety or a sterile environment and/or interfere with the fundamental nature of the activities being conducted in which the service animal would be not permitted.

Every person who is totally or partially blind, or person who is deaf, or person with a relevant disability for which a dog has been trained to perform specific tasks directly related to the disability shall have the right to be accompanied by said service dog at all times and everywhere on campus, except where service dogs are specifically prohibited. This includes the right to bring the service dog into food service locations.

In case of an emergency, every effort will be made to keep the Service Animal with its partner.

Voluntary Registration of Service Animals While on Campus

For those individuals who are enrolled in courses that would like to voluntarily register their service animal with the College, please contact Disability and Access at (507) 786-3288 (TOH, room 153).  As stated, this is voluntary, but may aid one in accessing the College premises.  Registration is not available for visitors to campus or service dogs in training.

Requirements of Service Animals and their Owners

1. The animal cannot pose a direct threat to the health and safety of persons while on the College’s premises.
2. Local ordinances regarding animals apply to Service Animals, including requirements for immunization, licensing, noise, restraint, and at-large animals.
3. The owner must be in full control of the animal at all times. Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
4. The animal must be in good health and be well-groomed and cared for.
5. The owner is responsible for cleaning up the animal’s waste and fluids and disposing of such in outside trash containers only. Waste disposal via College plumbing is prohibited. The owner should always carry equipment sufficient to clean up and properly dispose of the animal’s waste and fluids. Owners who are not physically able to pick up and dispose of the animal’s waste and fluids are responsible for making all necessary arrangements for assistance. The College is not responsible for these services.  Additionally, the animal is not to be bathed or its cage/crate, or bedding cleaned using College Housing or College facilities.
6. The owner is liable for damage caused by the animal.
7. The owner is responsible for instructing others on appropriate interactions with the animal and setting clear expectations.
8. As much as possible, the handler should ensure that the Service Animal does not approach and sniff other individuals, dining tables, or the personal belongings of others.
9. The handler must assure that the Service Animal does not block identified fire/emergency exits.
10. The handler must assure that the Service Animal does not display behaviors or noises that are deemed disruptive to others, unless said noise/behaviors are part of the needed disability service to the handler.
11. Failure to abide by the requirements will result in the College requiring the animal to be removed from campus immediately and the student may be liable to conduct charges depending on the violation.

Exclusions

A service animal may be excluded from any authorized area and its owner may be subject to disciplinary action if, including, but not limited to:

1. The service animal displays aggressive or disruptive behavior or noises and effective action is not taken to control it; unless said noise/behavior(s) are part of the needed disability service to the owner;
2. The service animal is not housebroken;
3. The service animal poses a direct threat to the health and safety of others;
4. The service animal is not in good health, well-groomed, or cared for;
5. The service animal infringes inappropriately into other’s personal space;
6. The owner intentionally uses the service animal to block identified fire/emergency exits.

NOTE: In the event that restriction or removal of a service animal is determined to be necessary, every effort will be made to assure that the individual still has access to the programs, services, or activities of the College without the animal.

Service Animals in Residence in College Housing

Sufficient notice of the intent of an individual with a disability planning to have a Service Animal in College Housing must be given to Disability and Access at (507) 786-3288 (TOH, room 153) so that appropriate arrangements regarding placement, roommates, etc. can be made.  Service Animals residing in College Housing are subject to the College’s Housing Service Animal and Emotional Support Animal Agreement Forms.  Registration is not available for visitors to campus.

In case of an emergency, every effort will be made to keep the animal with its partner.

Student Complaint Procedure

Complaints arising under this policy shall be handled under the provisions of St. Olaf College Grievance Policy

The College reserves the right to modify this policy as needed.  For additional information concerning the use of a Service Animal or other accommodations and services, please contact Disability and Access at (507) 786-3288 (TOH, room 153) or visit the DAC website at
http://stolaf.edu/asc/dac