Owner: Drs. Sandefer (Student Affairs) & Vertin (HR)
Author: Center for Equal Access, Human Resources, and ADA Coordinator
Effective Date: January 1, 2025
Next Review Date:
Applicable Laws, regulations, and compliance: Americans with Disabilities Act (“ADA”),
Minnesota statute 256C.02, Minnesota statute 609.833, Minnesota statute 609.226,
Minnesota statute 343.21
Links to, including the Americans with Disabilities Act (“ADA”), Fair Housing Act, and MN
Department of Human Rights
I. Purpose
The College of St. Scholastica is committed to fostering an inclusive environment for all members of its community, including individuals with disabilities who require service animals. In
order to better support individuals with disabilities and promote adherence to laws regarding accommodations for individuals with disabilities, including the Americans with Disabilities Act (“ADA”), this policy provides guidance concerning the appropriate use of and protocols associated with service, emotional support, and other animals on campus.
II. Definitions
Campus:
All of the College’s property, grounds, and building, wherever located.
Disability:
A disability, as defined by the Americans with Disabilities Amendments Act of 2008, is “a mental or physical impairment that substantially limits one or more major life activities, having a record of such impairment or being regarded as having such impairment.”
Emotional Support Animal:
Also referred to as an assistance animal, is an animal that provides emotional support or comfort that alleviates one or more identified symptoms or effects of a person’s disability. An Emotional Support Animal is not a service animal.
Handler:
An Individual with a disability who uses a Service Animal to perform work or tasks. This included faculty, staff, students, and visitors using service animals.
Individual with a Disability:
A faculty, staff, students, or visitors with a disability.
Pets:
An animal that is kept for ordinary use and companionship. A pet is not considered a service animal.
Public Areas:
All areas of The College where students, members of the public, recipients of services, or participants in the College’s programs or activities are generally allowed to go.
Reasonable accommodation:
A modification or adjustment to a class, program, job, or environment that allows a qualified individual with a disability to participate in the class or program or to perform the essential functions of the job without creating an undue burden on the College or fundamentally altering academic, conduct, or performance requirements. Student requests for accommodations are determined by The Center for Equal Access. Faculty/staff requests for reasonable accommodations should be made through Human Resources.
Service Animal:
Service animals are dogs that are individually trained to do work or perform tasks for the benefit of an individual with a disability, including physical, sensory, psychiatric, intellectual, or other disability. 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 a mental illness to take prescribed medication, calming a person with Post Traumatic Stress Disorder during an anxiety attack, or performing other specific duties. Service animals are working dogs, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Service Animals are not assistance animals. Dogs whose sole function is to provide comfort or emotional support do not qualify as service dogs. In some cases under the ADA, a miniature horse that has been individually trained to do work or perform tasks or people with disabilities may be permitted as a service animal. Other animals, whether wild or domestic, do not qualify as service animals.
Therapy Animal:
A therapy animal (sometimes referred to as a program animal) can be any type of animal that has been screened to behave appropriately when interacting with people in places where pets are traditionally not allowed and whose participation in a College service program has been approved by a Department Head or Director.
III. Policy
The College of St. Scholastica does not allow pets or other animals in Campus buildings, with expectations described below for Service Animals, accommodated Emotional Support Animals, and Residential Life exceptions. The College reserves the right to make case-by-case exceptions to this general rule for College-sanctioned events.
Service Animal
The College of St. Scholastica generally allows service animals in its buildings, classrooms, residence halls, meetings, dining areas, recreational facilities, activities, and events when the animal is accompanied by an individual with a disability who indicates the service animal is trained to provide and does provide, a specific service to them that is directly related to their disability. The College may not permit a service animal when the animal poses a substantial and direct threat to health or safety or when the presence of the animal constitutes a fundamental alteration to the nature of the program or service. CSS will make those determinations on a case-by-case basis.
Inquiries Regarding Service Animals
College employees and agents of The College are only allowed to ask two questions of the individual who presents with a service animal:
- Is this a service animal?
- What tasks is the dog trained to perform?
The College cannot require documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work tasks. Service animals are not required to wear a vest, ID tag, or specific harness.
Responsibilities of Handlers
The College is not responsible for service animals' care, training, or supervision. Handlers are responsible for the cost, care, and supervision of the service animal, including compliance with any laws pertaining to animal licensing, vaccinations, and owner identifications. While service animals are generally allowed in most public areas, it is strongly recommended that handlers register their service animals with Human Resources (for faculty/staff) or The Center for Equal Access (for students) to ensure proper accommodations and support can be provided.
- Students who plan to live in on-campus housing are required to notify Residential Life that they plan to have a service animal with them in student housing, provide proof of current rabies vaccination, and provide a copy of a valid pet license through the City of Duluth.
Visitors who require service animals may contact the ADA Coordinator for assistance or inquiries related to service animal access.
Service Animal Control Requirements
- Service animals must remain under the control of the handler at all times, either by leash, voice, or hand commands.
- The animal must be well-behaved and must not pose as an interruption to the learning, living, and/or working environment.
- It is recommended that the animal wear some type of commonly recognized identification symbol, identifying the animal as a working animal but not disclosing a disability.
Animal Etiquette
The handler is responsible for ensuring that the animal does not:
- Sniff people, dining tables, or the personal belongings of others.
- Display any behaviors or noises that are disruptive to others unless part of the service is being provided to the handler.
- Block an aisle or passageway for fire safety.
- Defecate or urinate indoors or in areas not appropriate for animals.
Waste Cleanup Rule
Cleaning up after the animal is the sole responsibility of the handler. In the event that the handler is not physically able to clean up after the animal, the person cleaning up after the animal should abide by the following guidelines:
- Always carry equipment sufficient to clean up the animal’s feces when the animal is on campus.
- Immediately dispose of waste in appropriate containers.
Removal of Service Animals
The College may direct the removal of a Service Animal from Campus, temporarily or permanently, notwithstanding any approved Reasonable Accommodation, because the animal:
- Interrupts or disturbs the learning, living, or work environment;
- Poses a direct threat to the health or safety of any person, another animal, or to the animal itself;
- Has exhibited non-accidental aggression towards any person, such as snarling, lunging, biting, and scratching;
- Has damaged property;
- Has defecated or urinated in inappropriate places;
- is sick;
- Has attempted to enter or has been allowed by the Handler to enter a place where the presence of an animal is prohibited, such as some laboratories, mechanical or industrial areas (see, for example, the Service Animals in Labs Guidance Document);
- Has attempted to enter, or has been allowed by the Handler to enter, a place on campus where the animal’s safety is compromised;
- Does not comply with the Handler’s instructions or resists the Handler’s control; or
- Any other serious reason not cured to the satisfaction of the College after fair notice to the Handler.
The College will investigate before the removal of an animal. If the College determines the animal must be removed, the College will consult with the Handler to explore alternative accommodations, including actions that may facilitate the animal’s return.
Conflicting Disabilities
Some people may have allergic reactions to animals that are substantial enough to qualify as a disability. The College will consider the needs of both persons in meeting its obligations to reasonably accommodate all disabilities and to resolve the problem as efficiently and expeditiously as possible. Students requesting allergy accommodations should contact The Center for Equal Access. Staff/Faculty requesting allergy accommodations should contact Human Resources.
Service Animals in Training
Per Minnesota statute 256C.02, a dog being trained has the same rights as a fully trained dog when accompanied by a trainer and identified as such in any place of public accommodation. Handlers of service dogs in training must also adhere to the requirements for service animals and are subject to removal as outlined in this policy.
Requirements for All Members of the College Community
All members of the College Community are expected to adhere to the following guidelines with regard to service animals:
- Service animals must be allowed to accompany their handler at all times and in all public places on campus, except where service animals are specifically prohibited.
- Individuals should not touch or pet a service animal without permission from the handler.
- Individuals should not give treats or otherwise feed a service animal without permission from the handler.
- Individuals must not attempt to separate the handler from the service animal.
- Harassing, deliberately startling, and/or distracting a service animal is strictly prohibited.
- Individuals should avoid initiating conversations about the student or employee’s disability. The nature of a person’s disability is a private matter.
Emotional Support Animals
Emotional support animals are not considered service animals under the ADA. Emotional support animals are permitted in specific, individual on-campus housing if approved as an accommodation through The Center for Equal Access for students (find more information about Emotional Support Animal Accommodation, please see css.edu/access) or through Human Resources for Staff and Faculty.
Therapy Animal Programming
The presence of a therapy animal(s) at The College must be approved by the Department Chair, Director, or Club Advisor that is hosting the program or event in which the therapy animal is involved. The Department Chair, Director, or Club Advisor is responsible for collecting proof of liability insurance, vaccination records, and proof of certification or screening of behaviors before the animal is approved to be on campus. They are also responsible for working with Facilities regarding space and cleaning. The host is responsible for advanced public notification of the event.
Examples
- Programs for students to pet dogs or other animals during finals
- Programs that allow people to pet a dog before getting a vaccine
- Therapy Animals on Campus
Handlers Responsibilities:
- The animal should be on a leash or contained in the designated event space.
- The animal should respond to voice or hand commands
- The animal must be in control of the handler at all times.
- The animal must be well-behaved.
- The handler is responsible for ensuring the animal does not defecate or urinate indoors or in areas not appropriate for animals.
- The handler is responsible for cleaning up after the animal.
The Therapy animal is subject to removal if it violates any of the reasons listed above and/or if proper approval was not provided.
If the College staff have determined an animal is not a service animal, service animal in training, or emotional support animal, staff may ask the following question to determine if an animal is a therapy animal.
- Has the presence of this animal and its participation in a program/event been approved by a Department Head or Director?
College staff may ask which Department Head has provided approval and contact the Department Head for verification. If an individual answers no, this animal is likely a pet.
Residential Life Exceptions:
Residential Life allows residential students to have some fish in small tanks. Residential Life Professional Staff who live on campus as part of their duties are allowed to have pets. These staff members should have a conversation with their supervisor before bringing their pet to campus.
IV. Individuals and entities affected by this policy
All members of the College community, including faculty, students, staff, and visitors.
V. Related documents, forms, and procedures
VI. History and updates
The College reserves the right to modify policies at any time, ensuring the involvement of
relevant committees and constituents in the decision-making process (e.g., policy committee,
faculty assembly, staff council, student government association, etc.)