Policy 83

University of Wisconsin-Parkside
Service Animal/ Service Animal in Training
Policy #83

 

RM – Risk Management
HR – Human Resources
FIN – Finance

Scope/Purpose:
This policy assures compliance with Section 504 of the Rehabilitation Act (1973), as amended, 29 U.S.C.A s. 794 and the Americans with Disabilities Act (1990), as amended, 8 C.F.R. s. 35.104, which prohibit discrimination on the basis of disability in a university program, service, or activity.

This policy applies to students, employees, visitors, and guests to the institution using a service dog or other service animal.  This policy does not apply to the use of emotional support/therapy animals.

Responsible Department:
Student Accessibility Services / Human Resources

The following campus entities have authority to verify disability status and determine reasonable accommodations for individuals with disabilities:

Student Accessibility Services for students and prospective students;

• ADA Coordinator for employees or prospective employees,
• ADA Coordinator for visitors and guests.

Definitions:
Disability: A disability is defined under Section 504 of the Rehabilitation Act (1973), as amended, 29 U.S.C.A. s. 794. and the Americans with Disabilities Act (1990), as amended, 28 C.F.R. s. 35.104, as a physical or mental impairment that substantially limits one or more major life activities. Major life activities may include seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, speaking, or working, among others.

Service Animal: Wisconsin law defines a service animal as a dog or other animal that is individually trained to do work or perform tasks for a person with a disability. Examples include,      but are not limited to, guiding individuals who are blind, alerting individuals with a hearing loss to sounds, alerting and protecting a person who is having a seizure, pulling a wheelchair, or retrieving dropped items. Service

dogs or other animals are working animals, not pets. The work or task a service dog or animal has been trained to provide must be directly related to the person’s disability. Dogs or other animals whose sole function is to provide comfort or emotional support do not qualify as service animals. This definition complies with the Americans with Disabilities Act.

Policy Statement:
It is the policy of the University of Wisconsin-Parkside that service dogs and service animals assisting individuals with a disability are generally permitted in all facilities and programs on the UW-Parkside campus with limited exceptions.

Service Animal in Training
Wisconsin law allows service dogs in training and other service animals in training to be admitted to facilities open to the public, unless the presence of the service animal in training would jeopardize the safe operation or fundamentally alter the program, service or activity in the location. Service animals in training must wear a harness OR leash and special cape and remain under the control of the trainer at all times. Service animals-in-training are not protected by the ADA, are not considered a reasonable accommodation for a disability, and are subject to restrictions not placed on fully trained service animals that perform work or tasks for a person with a disability.

Students and Service Dogs or Other Service Animals
Students may choose to have their service animal included as a reasonable accommodation on their Faculty Accommodation Letter developed with Student Accessibility Services, however, this is not required for animals that meet the definition of a service animal. Students who plan to live in a university-controlled housing unit should contact Housing and Residential Life or the  appropriate housing resource prior to moving in regarding making suitable arrangements for housing the service dog or animal.

Employees and Service Dogs or Other Service Animals
Employee requests for disability accommodations, including requests to have a service dog or other service animal at work, are handled through the appropriate disability accommodation policy and procedures (academic staff, university staff or faculty) through Human Resources.

Visitors and Service Dogs or Other Service Animals
A service dog or other service animal accompanying an individual with a disability is welcome in all areas of campus that are open to the public. Specific questions related to the use of service animals on the UW–Parkside campus by visitors can be directed to the Assistant Human Resources Director.

Permissible Inquiry
In situations where it is not obvious that the dog or animal is a service animal, the individual may be asked only two specific questions: (1) is the dog/animal a service animal required because of a disability? And if yes, (2) what work or task has the dog/ animal been trained to perform?

If either response is “no”, the animal is only permitted on campus as defined under Wisconsin Administrative Code 18.08 or as an approved accommodation as an emotional support animal (ESA) by a campus authority under UW-Parkside’s ESA Policy.

Requesting any documentation for the service animal, requiring that the animal demonstrate its task, or inquiring about the nature of the person’s disability is not permitted.

Policy Exception
A service dog or other service animal may be asked to leave a UW–Parkside facility, program, or dwelling

if the animal’s behavior or presence is unduly disruptive or poses a direct threat to the health or safety

of others (e.g., displays vicious or aggressive behavior towards people or other animals), or causes substantial damage to the property of other individuals or the University.

A service dog or other service animal may also be excluded in areas where the presence of a service animal fundamentally alters the nature of a program or activity. Examples may include, but are not limited to research labs, areas requiring protective clothing, food preparation areas  or other sterile environments, or other research facilities where animals are present.

Requirements for Service Dogs or Other Service Animals
UW-Parkside requires individuals utilizing a service dog or other service animal on campus to adhere to WI Stat 174 and the following:

• Vaccination: A service dog or other service animal must be immunized against diseases common to that type of animal. All vaccinations must be current.
• Licensing: A service dog or other service animal must be licensed by the time they reach 5-months of age in their home community. Service dogs may receive the license at no cost per WI Stats 174.055.
• Owner ID and Other Tags: Per WI Stat 174 UW-Parkside requires service dogs to wear an owner identification tag at all times. The dog must also wear a current rabies tag and dog license tag.
• Leash: A service dog or other service animal must be on a leash, harness or tether at all times unless impracticable or unfeasible due to owner/handler’s disability.
• Under Control: The owner/handler of a service dog or other service animal must be in full control of the animal at all times. The care and supervision of the animal is solely the responsibility of owner/keeper.
• Health: A service dog or other service animal residing in a university-controlled housing unit must have an annual clean bill of health from a licensed veterinarian.

Appeal Process
Any student dissatisfied with a decision concerning a service dog or other service animal may contact the Dean of Students Office. The student will be asked to submit their appeal in writing. The complaint will be reviewed and recommendations will be made to Student Accessibility Services no later than 30 days from receipt of the complaint, unless extenuating circumstances warrant additional time.

Any employee dissatisfied with a decision concerning a service dog or other service animal should contact Human Resources. The employee will be asked to submit their appeal in writing. The ADA Coordinator will review the complaint and make a recommendation to the Associate Vice Chancellor for Human Resources, Equity, Diversity and Inclusion no later than 30 days from receipt of the complaint, unless extenuating circumstances warrant additional time.

 

Revised: Fall 2022