Section 1000: Campus Policy
Effective: January 2018
Last Revised: January 2018
Next Review: January 2020
Responsible Party: Human Resources

Policy

DEFINITIONS:

Assistance Animal: An animal that is either a Service Animal or Emotional Support animal.

Service Animal: The Americans with Disabilities Act [ADA] defines "service animal" as a dog or miniature horse that has been individually trained to do work or perform tasks for the benefit of an individual with a disability.

Emotional Support Animal: For the purposes of this policy, an emotional support animal means any service animal, as defined above, as well as an animal needed for emotional support. Emotional Support animals can be a dog or other animal that is lawful to possess.

SERVICE ANIMAL GUIDELINES

The following guidelines are provided to help define the role and the place of animals relative to facilities and residence halls on the Montana State University-Northern campus in promoting disability access. MSU-Northern reserves the right to amend these guidelines as circumstances require.

Under policy 1001.9, Animals in Buildings, animals are not allowed in campus buildings. Refer to Montana Law (49-4-203 MCA) for exceptions, which includes trained service animals.

Individuals with disabilities may be accompanied by their service animals on MSU-Northern's campus where members of the public or participants in services, programs or activities are allowed to go.

Individuals with disabilities have the right to use a service animal in public accommodations, in public transportation, and housing governed by the Montana Human Rights Act. Under Montana law, no distinction is made between service animals that provide support for persons with mobility impairments, sensory impairments, or cognitive or psychiatric impairments. All are entitled to the same legal protections.

The ADA, 49-4-203(2), MCA, and university policy allows service animals to accompany individuals with disabilities in all areas of the institution where students are normally allowed to go. There may be some areas of the university that restrict the admittance of service animals for the following reasons:

  • Mechanical Rooms/Custodial Closets that house equipment that may be harmful to animals.
  • Areas where protective clothing is necessary such as welding labs and machine shops.

Access to these areas may be granted on a case-by-case basis and requests for access should be addressed to Disability Services or Human Resources.

Evaluation of Service Animals

Service animals are not pets. They are working animals who have been trained to perform work or tasks directly related to the individual's impairment. Examples of such tasks include, but are not limited to:

  • Assisting an individual with low vision with navigation
  • Alerting individuals who are hard of hearing to the presence of people or objects
  • Retrieving items
  • Providing assistance with stability or balance to an individual with a mobility impairment

Federal law does not require the individual to provide documentation that an animal has been trained as a service animal. The University may, however, ask if the animal is required because of impairment, as well as what work or task the animal has been trained to perform.

When circumstances arise which would justify evaluating the presence of a service animal, MSU-Northern will employ the following criteria:

  • The student using the service animal has disabilities
  • The animal is a service animal
  • The animal is trained to perform certain tasks related to the individual's impairment

MSU-Northern students seeking a service animal accommodation in the residence halls must register the animal with Disability Services.

MSU-Northern employees seeking a service animal accommodation in the workplace must register the animal with Human Resources.

Exclusions

Exclusions of service dogs are determined on an individualized basis and when one of the following conditions exist:

  • The dog is disruptive and not effectively controlled.
  • The presence of the service dog would fundamentally change the nature of the classroom, course or activity.
  • The service dog's presence, behavior, or actions pose an unreasonable or direct threat to property and/or the health or safety of others.
  • The dog is not housebroken.

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility. An individual with a service animal may not be segregated from other students.\

Persons who have a concern about the behavior of a student's service animal should direct his/her concern to Disability Services.

Concerns regarding service animals of employees should be reported to Human Resources.

Care and Supervision

MSU-Northern is not responsible for the care or supervision of a service animal. Individuals are responsible for:

  • The well-being of a service animal as well as the cost of any damages as a result of the service animal
  • The immediate clean-up and proper disposal of all animal waste
  • The control of the animal at all times. Reasonable behavior is expected from service animals. If a service animal, for example, exhibits unacceptable behavior, the individual is expected to employ the proper training techniques to correct the situation.
  • Harnessing, leashing, or tethering the service animal, unless an individual's disability precludes the use of a restraint or if the restraint would interfere with the service animal's safe, effective performance of work or tasks.
  • Following all requirements for the presence of animals in public places mandated by State or local ordinances (vaccination, license, animal health, leash).

EMOTIONAL SUPPORT ANIMAL GUIDELINES

Federal law (Fair Housing Act) allows individuals with disabilities the presence of emotional support animals in University housing. Emotional support animals are not allowed in classrooms or in public places on campus, unless as an approved accommodation, or as trained service animals as defined above.

Evaluation of Emotional Support Animals

When circumstances arise which would justify evaluating the presence of an emotional support animal in University housing, MSU-Northern will employ the following criteria. An individual may keep an emotional support animal as an accommodation in University housing if:

  • The individual has disabilities.
  • The animal is necessary to afford the individual an equal opportunity to use and enjoy a dwelling.
  • There is an identifiable relationship between the impairment and the assistance the animal provides. This is determined through documentation from a licensed medical provider.

Persons who are seeking a reasonable accommodation for an assistance animal that provides emotional support shall provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.

Disability Services will determine, after meeting with the student and reviewing appropriate documentation, and in accordance with applicable laws and regulations, whether the animal requested is a reasonable accommodation in University housing. Residence Life is consulted on a case-by-case basis.

MSU-Northern students may seek an emotional support animal accommodation in University housing through Disability Services.

Exclusions

The University may exclude an emotional support animal from University housing if the animal is:

  • Not housebroken,
  • Would cause substantial damage to the property of others,
  • Would pose a direct threat to the health or safety of others,
  • Would fundamentally alter the nature of a program or activity,
  • Is not being cared for by the individual.

Care and Supervision

MSU-Northern is not responsible for the care or supervision of a service animal. Individuals are responsible for:

  • The well-being of a service animal as well as the cost of any damages as a result of the service animal
  • The immediate clean-up and proper disposal of all animal waste
  • The control of the animal at all times. Reasonable behavior is expected from service animals. If a service animal, for example, exhibits unacceptable behavior, the individual is expected to employ the proper training techniques to correct the situation.
  • Harnessing, leashing, or tethering the service animal, unless an individual's disability precludes the use of a restraint or if the restraint would interfere with the service animal's safe, effective performance of work or tasks.
  • Following all requirements for the presence of animals in public places mandated by State or local ordinances (vaccination, license, animal health, leash).