Policy Statement
This policy sets forth WNE’s policy, guidelines, and requirements with respect to the admittance and use of Service Animals or Emotional Support Animals, as defined below, or to the admittance of approved pets on its property.
Reason for Policy
WNE is responsible for assuring the health and safety of all Faculty, Staff, and Students and ensuring compliance with the Americans with Disabilities Act (ADA). In keeping with this objective, WNE has formulated a policy balancing these concerns with the desire to promote a positive employment and educational experience by allowing appropriate Service Animals, Emotional Support Animals, and pets on campus once certain conditions are met.
Who is Governed by this Policy
Faculty, Staff, and Students
Policy
Section 1: Service Animals
The University generally permits Service Animals assisting individuals with disabilities in all facilities maintained by the University. Therefore, an individual with a disability shall be permitted to be accompanied by their Service Animal in all areas of the University’s facilities where members of the public are permitted, except as described below or otherwise governed by applicable law.
A Service Animal shall have a leash or other tether, unless the handler or owner is unable because of a disability to use a leash or other tether, or the use of such would interfere with the Service Animal’s safe, effective performance of its work or tasks. Under those circumstances where a Service Animal is not tethered, the Service Animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).
Type of Work or Tasks a Service Animal May Provide:
Work or tasks performed by a Service Animal must be directly related to its handler’s disability. Examples of work or tasks performed by Service Animals 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.
Services that do not qualify as work or tasks performed by a Service Animal include:
- crime deterrent effects; or
- the provision of emotional support, comfort, or companionship, often referred to as “therapy” or “companion” animals.
Service Animal Documentation: A Service Animal’s handler is responsible for ensuring that the Service Animal is in compliance with applicable state and local laws, which, depending upon the jurisdiction, may include but not be limited to the following:
- possession of an animal license;
- proper immunization and/or vaccination; and
- wearing a current license and/or rabies vaccination tag.
- Documentation to prove the animal is a certified Service Animal.
It is recommended that a Service Animal wear some type of recognizable symbol identifying it as a Service Animal.
Service Animals in Training/Service Puppies:
Service Animals in training/service puppies are allowed on University property in accordance with applicable state law. The handler must provide the University with evidence that a puppy is a bona fide Service Animal candidate supplied by an authorized Service Animal organization. Once the puppy has completed its training, the handler must provide a copy of the Service Animal’s license to the University.
Public Etiquette Rules:
Service Animals are working animals and are not pets. Accordingly, the University asks that members of the University community and visitors adhere to the following:
- Not assume that the Service Animal is a pet.
- Not pet/touch a Service Animal. Petting distracts them from their responsibilities.
- Not restrict the individual’s and the Service Animal’s full participation in programs and activities of the University.
- Not make assumptions about the necessity of the Service Animal, nor ask the handler about their specific need for the animal.
- Not prioritize the needs of another individual over the needs of an individual with a Service Animal.
- Not deliberately startle, tease, or taunt a Service Animal.
- Not hesitate to ask the handler if they would like assistance if the handler and animal seem confused about a direction in which to turn, an accessible entrance, the location of an elevator, etc.
Section 2: Emotional Support Animals
Emotional Support Assistance Animals are animals often used as part of a medical treatment plan, they are NOT considered service animals under the Americans with Disabilities Act. These support animals differ from service animals in that they MUST BE approved and registered through the Student Accessibility Services Office and Residence Life Office (for students) and/or Human Resources (for Faculty and Staff).
WNE is committed to assuring equal access for disabled students, Faculty, and Staff as well as guests and visitors to the campus. It is the University’s policy to permit emotional support/assistance animals on a case by case basis, to reside in the residence hall with a student, or to attend work with an employee, with a documented disability as a reasonable accommodation.
The University only allows the use of emotional support/assistance animals in the residence halls and relief areas. Exceptions to the restricted areas must be explored with Student Accessibility Services (for students) and Human Resources (for employees).
Dangerous, poisonous, and/or illegal animals are not permitted.
Animals that are capable of carrying zoonotic disease are not permitted on campus.
Section 3: Pets
The privilege of bringing a pet to work is subordinate to the health, safety, and comfort of persons who may come into contact with animals at the office. An animal may be excluded from the office if it:
- causes any person to experience allergic reactions, fear, or any other physical or psychological discomfort;
- distracts any employee from their work; or
- reduces any employee’s productivity or quality of work.
All pets must be leashed at all times.
Owners may not bring a pet who is sick or has internal or external parasites to campus.
Provisions applicable to Service Animals, Emotional Support Animals, and Pets (“animals”):
- The University is not responsible for the care or supervision of the animal.
- When outside, handlers/owners are expected to clean up, completely and immediately, after their animals.
- The handler/owner shall ensure that the animal is clean and shall keep the animal’s odor to a minimum. If an animal’s odor is offensive to other individuals, the handler/owner will be requested to bathe the animal prior to returning to the University.
- The handler/owner shall ensure that the animal is free of fleas or any disease that is communicable to other animals or to humans.
- The handler/owner shall ensure that the animal is properly registered and vaccinated.
- Animals must be fully house trained.
- The University may restrict the use of animals in certain locations when their presence would fundamentally alter the nature or credibility of the service, program, or activity; or where the animal poses a direct threat to the health or safety of others.
- WNE shall not be liable for loss of, or injury to, any animal brought to the office.
Definitions
Service Animal: The Americans with Disabilities Act (“ADA”) defines a “Service Animal” 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. In addition, ADA regulations include as Service Animals miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Miniature horses may be permitted as an accommodation if reasonable under the following assessment factors: (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner's control; (3) whether the facility can accommodate the miniature horse's type, size, and weight; and (4) whether the miniature horse's presence will not compromise legitimate safety requirements necessary for safe operation of the facility.
Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this Service Animal definition. However, in certain instances, the use of other animals as a Service Animal may be permitted under other laws.
Procedures
Students:
A student seeking to use a Service Animal or Emotional Support Animal on campus should first fill out SAS Intake Form found on the Student Accessibility Services web page to begin the interactive process for approval.
Employees:
Employees requesting reasonable accommodation of a Service Animal or ESA should complete the ADA Accommodation Request Form found on the Human Resources web page to begin the interactive process for approval.
Pets on campus:
A pet owner wishing to bring a pet to the office should first obtain written permission from their Department Head, Supervisor, or Dean. Any decision made to allow a pet to come to the office, or to exclude a pet from the office, will be made by the Department Head, Supervisor, or Dean. That decision will be final, except in cases involving registered service animals or ESAs, which should be referred to the Human Resources department for employees, or for students to Student Accessibility Services.
If you have a concern about entering a building where an animal might be present, please contact Human Resources.
Complaints/Grievances:
Any claims of discrimination on the basis of a disability or failure to provide reasonable accommodations regarding the use of a Service Animal or Emotional Support Animal on campus may be brought by any person (student, employee, visitor) pursuant to the University’s Section 504 Grievance Procedure.
Document History
Policy Origination Date: February 2, 2024
Who Approved This Policy
Associate Vice President of Human Resources
Contact
Associate Director of Human Resources
Rivers Memorial