5HTC.5 Service Animal Policy

Chapter 5 Administration

Policy Statement

Section I. Purpose and Policy

1. Purpose
   Hennepin Technical College practices a policy of equal access to programs, services and physical facilities for Hennepin Tech community members with disabilities. It is acknowledged that some members of the community with disabilities may require the use of service animals while at Hennepin Tech.
   
   Students, employees, contractors and visitors utilizing a service animal on Hennepin Tech property are requested to check in with Public Safety upon arrival on campus. Hennepin Tech reserves the right to amend these guidelines as needed, with or without prior notice.
   
   Emotional Support Animals are not allowed on the campuses of Hennepin Tech.
2. Service Animal Policy
   In compliance with applicable law, Hennepin Tech generally allows service animals in its buildings, classrooms, meetings, dining areas, 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.
   
   Hennepin Tech may determine not to permit service animals in the following circumstances: when the animal poses a substantial and direct threat to health or safety, when the health or safety of the animal itself is at risk, or when the presence of the animal constitutes a fundamental alteration to the nature of the program or service. Hennepin Tech will make those determinations on a case-by-case basis.
3. Hennepin Tech Inquiries Regarding Service Animals
   In general, Hennepin Tech 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. Hennepin Tech may ask:
   • Is the animal required because of a disability?
   • What work or task has the animal been trained to perform?
   Hennepin Tech cannot require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, Hennepin Tech 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).
   
   Specific questions related to the use of service animals on the Hennepin Tech campus by visitors can be directed to the Public Safety office on each campus.

Section II. Responsibilities of Handlers

1. Responsibilities of Handlers
   Students who wish to bring a service animal to campus are strongly encouraged to partner with Disability Services, especially if other academic accommodations are required. Staff and faculty with service animals are encouraged to contact Human Resources. Visitors/contractors with service animals are encouraged to contact the college Public Safety office.
   
   Handlers are responsible for any damage or injuries caused by or to their animals and must take appropriate precautions to prevent property damage or injury. The cost of care, arrangements and responsibilities for the well-being of a service animal are the sole responsibility of the handler at all times.
2. Service Animal Control Requirements
   • The animal should be on a leash when not providing a needed service to the handler.
   • The handler must be in full control of the animal at all times. The animal should respond to voice or hand commands at all times.
   • To the extent possible, the animal should be unobtrusive to other individuals and the learning, living, and working environment.
   • Identification – It is recommended that the animal wear a recognized identification symbol, but which does not disclose the specific disability, to signify that the animal is a working animal.
3. Service Animal Etiquette
   To the extent possible, the handler should ensure 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 being provided to the handler.
   • Block an aisle or passageway for fire egress.
4. Waste Cleanup
   Cleaning up after the service 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 doing so. The person cleaning up after the animal should abide by the following guidelines:
   • Always carry equipment sufficient to clean up the animal's waste whenever the animal is on campus.
   • Properly dispose of waste and/or litter in appropriate containers.

Section III. Other Considerations

1. Conflicting Disabilities
   Some people may have a substantial enough allergic reaction to animals for that condition to qualify as a disability. Hennepin Tech will consider the needs of both people in meeting its obligations to reasonably accommodate all disabilities and to resolve the problem as expeditiously as possible. Students requesting allergy accommodation should contact Disability Services. Staff requesting allergy accommodation should contact Human Resources. Visitors and/vendors should contact Public Safety.
2. Service Dogs in Training
   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 the removal policies as outlined in this policy.
3. Public Etiquette toward Service Animals
   It is okay to ask someone if she/he would like assistance if there seems to be confusion. However, faculty, staff, students, visitors and members of the public should avoid the following:
   • Petting a service animal, as it may distract them from the task at hand.
   • Feeding the animal.
   • Deliberately startling an animal.
   • Separating or attempting to separate a handler from his/her service animal.

Section IV. Definitions

1. Handler
   A person with a disability that a service animal assists or personal care attendant who handles the animal for a person with a disability.
2. Emotional Support Animal
   An emotional support animal is an animal (typically a dog or cat though this can include other species) that provides a therapeutic benefit to its owner through companionship. The animal provides emotional support and comfort to individuals with psychiatric disabilities and other mental impairments. The animal is not specifically trained to perform tasks for a person who suffers from emotional disabilities. Unlike a service animal, an emotional support animal is not granted access to places of public accommodation. Under the federal Fair Housing Act (FHA), an emotional support animal is viewed as "reasonable accommodation" in a housing unit that has a "no pets" rule for its residents.
3. Service Animal
   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.
   
   Examples 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, or providing physical support and assistance with balance and stability to individuals with mobility disabilities.
   
   *Under circumstances set forth in the ADA regulations at 28 CFR 35.136(i), a miniature horse may qualify as a service animal.