Under Title II of the Americans with Disabilities Act regulation and 28 C.F.R. 35.104, “Service animal” is defined as a dog “individually trained to do work or perform tasks for the the benefit of an individual with a disability.” Dogs or miniature horses are the only animals recognized by the law as service animals.
Such work or tasks performed include providing alerts to take medication, doing rescue work, pulling a wheelchair, and/or fetching dropped items.
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask the dog to demonstrate its ability to perform the work or task.
Staff may ask two questions:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
Frequently Asked Questions Regarding Service Animals
Are comfort/therapy animals considered service animals?
No, animals whose sole purpose is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being and who have not been individually trained to perform a task or function do not meet the definitions of service animals.
Do service animals need to wear a jacket/ vest?
No, service animals do not have to wear a jacket/ vest to identify them as service animals nor does the person/ handler have to provide documentation verifying that the dog is a service animal.
What kind of animal can be a service animal?
Dogs or miniature horses are the only animals recognized by law as service animals. The ADA states that other animals, whether wild or domestic, do not qualify as service animals. The rule permits the use of trained miniature horses as alternatives to dogs, subject to certain limitations. Service animals are not limited to seeing or hearing assistance dogs, but must be trained to provide work or tasks for the benefit of a person with a disability, such as providing alerts to take medications, doing rescue work, pulling a wheelchair, or fetching dropped items.
Is there a certificate or special license that the service animal must have?
No, service animals need no special license or certificate
Are service animals in training allowed?
Yes, service animals in training are allowed in all buildings accessed by the public. Individuals may train their own service animals as well as service animals for others, but such animals must be housebroken.
Can service animals or service animals in training be left unattended?
No, service animals on campus may not be left unattended even in cars without the permission of the Public Safety Manager.
What are the control requirements for service animals?
The animal must be harnessed , leashed, or tethered at all times while on campus; unless these devices interfere with the service animal’s work or the disability prevents using these devices. The handler must be in control of the animal at all times. The animal must be as unobtrusive as possible.
There are certain instances when it may be considered unsafe for animals in such places as medical facilities, laboratories, mechanical rooms or any other place where the safety of the animal or partner/handler may be threatened
What if the animal is out of control?
If the animal becomes out of control, and the animal’s handler does not take immediate, effective action to regain control of the animal, the person/handler will need to remove the animal from college premises. The person with a disability still has the opportunity to participate in college programs, classes, offerings, and facilities.
Exclusions for Behavior:
Service animals may be excluded from the campus when that animal’s behavior does not conform to public etiquette or poses a direct threat to the health or safety of others.
Although College staff may exclude any service animal that is out of control, we will give the individual with a disability who uses the service animal the option of continuing to participate and access its goods and services without the service animal on premises.
Consequence for Behavior:
When a service animal is determined to be out of control as reported by students, staff, or administration, the infraction will be treated on an individual basis. If the animal poses a threat to the safety of other individuals, Public Safety will be part of the collaboration team to determine the outcome of the behavior.
Consequences may include, but not be limited to, muzzling a barking animal, refresher training for both the animal and partner/handler, or exclusion from college facilities.
Please contact the Coordinator of the Center for Accessibility Resouces, if you have questions or concerns.
For More Information:
Students and Guests:
Carol Raymundo, Center for Accessibility Resources Manager
Red Cedar Hall 101
Marcene Olson, Safety and Loss Prevention Manager, Public Safety
Red Cedar Hall 121-B
Kathy Withrow, Assistant Director, Human Resources
Calapooia Center 108
Student Rights and Responsibilities:
Americans with Disabilities:
800-514-0301 (voice) and 800-514-0383 (TTY)