(A) Definitions
(1) Handler. A person with a disability that a service
animal assists or a personal care attendant who handles the animal for a person
with a disability.
(2) Service animal
(a) Any dog 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 and meets the definition of "service animal"
under the Americans with Disabilities Act ("ADA") regulations at 28
CFR 35.104. The work or tasks performed must be directly related to the
individual's disability.
(b) Under particular
circumstances set forth in the ADA regulations at 28 CFR 35.136(i), a miniature
horse may qualify as a service animal.
(c) Examples of a service
animal 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
nonviolent 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.
The crime deterrent effects of an animal's presence and the provision of
emotional support, well-being, comfort, or companionship (e.g. assistance
animals) do not constitute work or tasks for the purposes of this
definition.
(B) Basic policy
(1) In compliance with applicable law, CSU 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.
(2) CSU may not permit service animals when the animal
poses a substantial and direct threat to the health or safety of the campus
community or when the presence of the animal constitutes a fundamental
alteration to the nature of the program or service. CSU will make those
determinations on a case-by-case basis.
(C) CSU's inquiries regarding service
animals
(1) In general, CSU will not ask about the nature or extent
of a person's disability, but may make two inquiries to determine whether
an animal qualifies as a service animal. CSU may ask:
(a) If the animal is
required because of a disability and;
(b) What work or task the
animal has been trained to perform.
(2) CSU cannot require documentation, such as proof that
the animal has been certified, trained, or licensed as a service animal.
Generally, CSU may not make any inquiries about a service animal when it is
readily apparent that an animal is trained to do work or perform tasks for an
individual with a disability (e.g., the dog is observed guiding an individual
who is blind or has low vision, pulling a person's wheelchair, or
providing assistance with stability or balance to an individual with an
observable mobility disability).
(D) Responsibilities of handlers
(1) Students who wish to bring a service animal to campus
are strongly encouraged to partner with the office of disability services,
especially if other academic accommodations are required. Additionally,
students who plan to live in on-campus housing must inform residence life that
they plan to have a service animal with them in student housing.
(2) Handlers are responsible for any damage or injuries
caused by their animals and must take appropriate precautions to prevent
property damage or injury. The cost of care, arrangements and responsibilities
for the wellbeing of a service animal are the sole responsibility of the
handler at all times.
(3) Service animal control requirements
(a) The animal should be
on a leash when not providing a needed service to the individual with a
disability.
(b) The animal should
respond to voice or hand commands at all times, and be in full control of the
handler.
(c) To the extent
possible, the animal should be unobtrusive to other individuals and the
learning, living, and working environment.
(d) Identification. It is
recommended that the animal wear some type of commonly recognized
identification symbol, identifying the animal as a working animal, but not
disclosing disability.
(4) Waste cleanup
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, it is then the responsibility of the handler
to hire someone capable of cleaning up after the animal. The person cleaning up
after the animal should abide by the following guidelines:
(a) Always carry
equipment sufficient to clean up the animal's feces whenever the animal is
on campus.
(b) Properly dispose of
waste and litter in appropriate containers.
(c) Contact staff if
arrangements are needed to assist with cleanup. Any cost incurred for doing so
is the sole responsibility of the handler.
(E) Removal of service animals
Service animals may be prohibited from campus for
the following reasons:
(1) Out of Control animal: A handler may be directed to
remove an animal that is out of control and the handler does not take effective
action to control it. If the improper animal behavior happens repeatedly, the
handler may be prohibited from bringing the animal into any university facility
until the handler can demonstrate that the handler has taken significant steps
to mitigate the behavior.
(2) Non-housebroken animal: A handler may be directed to
remove an animal that is not housebroken.
(3) Direct threat: A handler may be directed to remove an
animal that CSU determines to be a substantial and direct threat to the health
and safety of individuals. This may occur as a result of a very ill animal, a
substantial lack of cleanliness of the animal, or the presence of an animal in
a sensitive area like certain laboratories.
(4) Where a service animal is properly removed pursuant to
this policy, CSU will work with the handler to determine reasonable alternative
opportunities to participate in the service, program, or activity without
having the service animal on the premises.
(F) Appeals and grievances
Any person dissatisfied by a decision concerning
a service animal may appeal through the office for institutional equity.
