Service Animals Policy

Introduction

Transylvania University (Transylvania) is committed to being a welcoming and accessible place for all community members and visitors and permits service animals, as defined by the Americans with Disabilities Act (ADA §36.302), access to areas of public accommodation on campus. Service animals are defined as dogs and in some cases miniature horses, that are individually trained to do work or perform tasks for people with disabilities. The work or task a dog has been trained to provide must be directly related to the handler’s disability.

Examples of work or tasks include but are not limited to:

assisting individuals with visual disabilities to navigate,
alerting individuals with hearing disabilities to sounds,
providing non-violent protection or rescue work,
pulling a wheelchair or retrieving items,
providing physical support and assistance with balance,
preventing or interrupting impulsive or destructive behavior.

Animals that provide emotional support, well-being, comfort, or companionship, do not qualify as service animals under the ADA.

Under Kentucky State Law, service animals include dogs in training while engaged in learning service tasks. The same standards of conduct and location access are granted to dogs in training regarding public access on campus as to service dogs. Puppy rearing, which focuses on socialization and general obedience training, is not considered to be in training. All trainers must have identification in their personal possession verifying that they are trainers of assistance dogs¹.

Permissible Inquiries

Under the ADA, service animals do not need documentation for access. Transylvania does not inquire about the nature or extent of nor request documentation for a handler’s disability. Proof of training for a service animal is not permitted.

All service dogs must be vaccinated and licensed as required by state law² and local ordinances. A current rabies vaccination tag should be attached and visible on their collar.

Members of the Transylvania community who have questions or concerns regarding the presence of an animal service may contact the Office of Accessibility Services or the Office of Title IX & Civil Rights.

When it is not apparent what service the dog provides, university employees may ask two allowable questions³: Is the animal required because of a disability? What work or tasks has the dog has been trained to perform?

If there are behavioral issues, a Transylvania employee may ask the handler to correct the behavior. If the behavior does not improve, they may ask that the animal be removed from the facility. The employee should then notify the Office of Accessibility Services or the Office of Title IX & Civil Rights.

Handler’s responsibilities

Service animals may accompany their handler to places where the handler is normally allowed to go. Transylvania reserves the right to restrict service animals in certain locations due to health, environmental, or safety hazards. The handler may contact Accessibility Services or the Office of Title IX & Civil Rights for exceptions to restricted areas.

Service animals must be under control at all times. Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the dog’s work or the handler’s disability prevents using these devices. In these cases, the handler must maintain control of the animal through voice, signal, or other effective controls. If an animal exhibits unacceptable behavior, the handler must take effective action to correct the situation.

Care and treatment of the service animal is the responsibility of the handler. A service animal must be in good health and properly vaccinated. If the handler resides in university housing, verification of up-to-date vaccination must be provided to the Director of Residence Life. We asked that the handler have a proactive conversation with their roommate prior to moving in to prevent potential conflicts and allow Residence Life to make necessary adjustments if needed.

The handler shall dispose of the animal’s waste in a safe and sanitary manner. Only grassy areas are to be used as relief areas. Handlers who physically cannot clean up after their service animal are responsible for finding someone to do so for them.

The handler is solely responsible for any damage to person(s) or University property caused by their service dog. If living in university housing, the handler may be charged for any damage caused by the service animal beyond reasonable wear and tear to the same extent that other students are charged for damages beyond reasonable wear and tear. This includes any pest infestation (such as fleas or ticks) beyond standard pest treatment for the residence hall.

Interactions with Service Animals

Service Animals are working animals and not pets. Campus members and visitors should adhere to the following best practices.

Individuals should not:

Pet/touch a service animal unless invited to do so by the handler. Petting distracts them from their responsibilities.
Restrict the handler and the service animal from full participation in programs and activities of the University. This includes off-campus activities and activities involving transportation.
Ask the handler about the nature or extent of their disability or make assumptions about the necessity of the service animal.
Prioritize the needs of another individual over the needs of an individual with a service animal. For example, a service animal’s access cannot be restricted based on another community member’s allergy or fear of dogs.
Deliberately startle, tease, or taunt a service animal.
Separate or attempt to separate an animal from its handler. Service animals are trained to be protective of their handler.

Exceptions

Transylvania may ask for a service animal to be removed from campus when:

The service animal is not housebroken, absent illness or accident.
The service animal is out of control (e.g. incessant barking, wandering, nipping) and the handler does not take effective action to control it.
The service animal poses a direct threat to the health and safety of others (e.g. displaying aggressive behaviors, excessively unclean).
The handler does not comply with the responsibilities as listed above.

If a service animal is excluded from the premises, Transylvania will offer the handler the opportunity to participate in services, programs, or activities without the animal’s presence.

Conflicting Disabilities

Conflicts between a service animal and a disabled person (e.g. severe allergies that cannot be controlled by medication) will be addressed on a case-by-case basis. The needs of both disabled persons will be considered in resolving the issue⁴. Campus community members whose disability is negatively affected by the presence of a service animal are asked to contact the Accessibility Services Coordinator. The person negatively impacted by the presence of the animal must provide verifiable documentation to support their claim and to request accommodations. In severe situations of allergic, behavioral, or medical reactions, temporary accommodations might be arranged.

Appeals and Grievances

If the decision is made to remove a Service Animal, the handler may file an appeal. Students should follow the grievance process found on the Accessibility Services webpage. Employee should follow the grievance process found in the employee handbook. Guests and visitors should contact the Office of Title IX & Civil Rights.