Service Animal Policy and Procedure

Eastern Mennonite University recognizes the importance of:

Service animals as defined by the Americans with Disabilities Act Amendments Act (ADAAA), and
the broader category of assistance animals (commonly known as Emotional Support Animals) under the Fair Housing Act, that provide physical and/or emotional support to individuals with disabilities.

EMU is committed to allowing individuals with disabilities the use of a service animal on campus to facilitate their full participation and equal access to EMU’s programs and activities. EMU is also committed to allowing assistance animals necessary to provide individuals with disabilities equal opportunity to use and enjoy campus housing.

This policy applies solely to service animals which are dogs and miniature horses only. It does not apply to emotional support animals as defined by the Fair Housing Act. For more information on emotional support animals at EMU, see the EMU Emotional Support Animal Policy and Procedure.

The following guidelines provide for a mutually supportive environment for service dogs, the people they accompany, and the community at large on campus at Eastern Mennonite University.

I. Definitions

A service animal means any dog or miniature horse that is 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. The work or tasks performed by a service animal must be directly related to the individual’s disability (ADA National Network).
The owner is the individual who has requested the accommodation and registered the service animal for campus presence.
The office of academic access (OAA) provides disability services for students and collaborates with individuals, faculty, and staff to ensure that individuals with disabilities have equal access to all EMU programs and activities.
Campus Life provides oversight and direction for campus housing facilities: ensuring student safety, providing reasonable accommodations & amenities, and governance of campus policies and community standards within the residence halls.
Memo of accommodation is the official documentation from the OAA, confirming the presence of the service animal as an accommodation.

II. Procedures for registering a service animal

Timeline: Students must register the service animal with the Office of Academic Access (OAA) 30 days before use on this form. The OAA will confirm receipt of registration within 7 days. The OAA will notify Campus Life if the student will reside in on-campus student housing. Campus Life will confirm approval within 14 days of notification.
To register the service animal, the owner/guardian must complete and submit the Service Animal Registration form.
The OAA will confirm receipt of the service animal's registration prior to the first day of the animal's presence in the classroom. Each semester in collaboration with the student/owner, the OAA shares the memo with the student’s class professors who will inform the class students of the animal’s presence and instructions to refrain from petting the animal or otherwise distracting the animal.

III. Criteria for care, supervision, and potential exclusion of service animal

The dog or miniature horse’s verification as a service animal is determined at the university level by the OAA, not the individual classroom instructor.
The service animal must be on a leash, harnessed and under the constant supervision and control of their owner/guardian at all times. All animals on campus must wear their license and have a current rabies vaccination as per requirements in Section 15-2-8 of the Harrisonburg City Code.
The service animal may or may not wear an identifying vest or harness.
The students are required to provide documentation, for the service animal, of all city, county and state required vaccinations and proof of a license.
Other people who may be in close contact (same room, etc.) with the service animal who are allergic or fearful of service animal is not a reason to exclude the animal; in that case, it is necessary to allow the animal into the area and find a way of accommodating or rescheduling the other student.
A student may have more than one service animal, each trained to perform a different task. Requests for more than three service animals will be reviewed for reasonable accommodation by EMU’s OAA team.
Under the ADA - the service animal registration request may be denied if the student/owner/handler is unable to answer both of the following two questions:
1. Is the service animal required because of a disability?
2. What work or task has the animal been trained to perform?
The service animal may be excluded prior to presence on campus or at any time while present on campus for any of the following reasons:
1. If the service animal is out of control (for example uncontrolled barking, jumping on other people, running away from the owner/handler);
2. If the service animal is not housebroken (housebroken means that the service animal has been trained to avoid excreting inside of buildings;
3. If its presence would “fundamentally alter” the nature of the service or program (for example disrupting or interfering with EMU programs and activities);
4. or if the service animal violates “legitimate safety requirements” (for example lunging or biting other people or animals, threatening the health or safety of others). EMU officials may ask an individual with a disability to remove a service animal from public areas if the animal is out of control, and the handler does not control it or the animal is not housebroken.
See EMU’s overall animal policy : EMU Animals on Campus Policy
No requirement exists that the service animal be registered with any organization or have any certification. A public accommodation site may not ask for documentation or proof that the animal has been certified, trained, or licensed as a service animal (ADA National Network).

EMU Service Animal Application Form

IV. Addendum - Service Animals in Training

A “service dog or miniature horse in training” is not a service animal under the ADA. However, Virginia state law2 requires that individuals with disabilities, including those with vision, hearing, and/or mobility impairments, who are accompanied by service dogs in training be allowed to go where the public is normally permitted or invited provided the animal is at least six months of age, and at least one of the following factors is met:

in harness, provided [the individual] is an experienced trainer of guide animals or is conducting continuing training of a guide animal;
on a blaze orange leash, provided [the individual] is an experienced trainer of hearing dogs or is conducting ongoing training of a hearing dog;
in a harness, backpack, or vest identifying the animal as a trained service animal, provided [the individual] is an experienced trainer of service animals or is conducting continuing training of a service animal;
[the individual] is wearing a jacket identifying the recognized guide, hearing, or service animal organization, provided [the individual] is an experienced trainer of the organization identified in the jacket; or
the [individual] is part of a three-unit service animal team and is conducting continuing training of a service animal.

A three-unit service animal team consists of a trained service animal, individual with a disability, and an adult trained to handle the service animal. The service dog in training and its handler must meet all standards of behavior required of a trained service animal and its handler.

Service animals in training are not permitted to reside in EMU housing unless the student or employee can provide documentation that they have been certified as a trainer by a reputable service animal organization. (Adapted from University of Virginia SEC-044)

V. Addendum - General Responsibilities for residential students using a service animal

The owner must abide by current city, county, and state ordinances, laws, and/or regulations pertaining to licensing, vaccination, and other requirements for animals. It is the owner’s responsibility to know and understand these ordinances, laws, and regulations. EMU has the right to require documentation of compliance with such ordinances, laws, and/or regulations, which may include a vaccination certificate. EMU reserves the right to request documentation showing that the animal has been licensed.
The owner is required to clean up after and properly dispose of the animal’s waste in a safe and sanitary manner and, when provided, must use animal relief areas designated by EMU.
The owner is required to ensure the animal is well cared for at all times. Any evidence of mistreatment, neglect or abuse may result in consultation with OAA staff regarding service animal status.
EMU will not ask for or require an individual with a disability to pay a fee or surcharge for an approved service animal.
An individual with a disability may be charged for any damage caused by their service animal beyond reasonable wear and tear to the same extent that it charges other individuals for damages beyond reasonable wear and tear. The owner's living accommodations may also be inspected for fleas, ticks or other pests if necessary as part of EMU’s standard or routine inspections. If fleas, ticks or other pests are detected through inspection, the residence will be treated using approved fumigation methods by an EMU-approved pest control service. The owner will be billed for the expense of any pest treatment above and beyond standard pest management in the residence halls. EMU shall have the right to bill the owner’s account for unmet obligations under this provision.
The owner must fully cooperate with EMU personnel with regard to meeting the terms of this policy and developing procedures for care of the animal (e.g., cleaning the animal, feeding/watering the animal, designating an outdoor relief area, disposing of feces, etc.).
Service animals may not be left overnight in campus housing to be cared for by any individual other than the owner. If the owner is to be absent from his/her residence hall overnight or longer, the animal must accompany the owner. The owner is responsible for ensuring that the animal is contained, as appropriate, when the owner is not present during the day while attending classes or other activities. If campus housekeeping or maintenance staff need access to a room with an animal, the owner needs to be present for them to enter the room.
The owner agrees to abide by all equally applicable residential policies that are unrelated to the individual’s disability such as assuring that the animal does not unduly interfere with the routine activities of the residence or cause difficulties for individuals who reside there.
The service animal may not be bathed in traditional residence hall facilities.
The animal is allowed in EMU housing only as long as it is necessary because of the owner’s disability. The owner and the office of academic access coordinator will meet regularly to evaluate the effectiveness of this and other accommodations provided.
EMU personnel shall not be required to provide care or food for any service animal including, but not limited to, removing the animal during emergency evacuation for events such as a fire alarm. Emergency personnel will determine whether to remove the animal and may not be held responsible for the care, damage or harm to, or loss of the animal.
The individual must provide written consent for the office of academic access to disclose information regarding the request for and presence of the service animal to those individuals who may be impacted by the presence of the animal including, but not limited to, residence life personnel and potential and/or actual roommate(s)/neighbor(s).
The owner must name an emergency contact person (someone other than a student in residence) to accept and care for the animal in the event it needs to be removed from EMU housing.
Persons observing non-compliance with these guidelines should call the Facilities Management Office (540-432-4391) for follow up. Non-compliance that is contrary to state or local regulations will be reported to the Harrisonburg Police Department Support Services Animal Control Unit.

VI: Addendum - Policy on Accommodations for Students in Laboratory Courses

Scope: This guidance applies to Biology, Chemistry, and Environmental Science staff who deal with students who have disabilities (permanent or temporary) or who need a service animal. It is not intended to substitute for student interaction with the EMU Office of Academic Access.

Goal: It is the intent of the Biology, Chemistry, and Environmental Science Program to help all students be safe and successful in our laboratories. This goal applies to service animals, as well. To that end, it’s important that instructors and laboratory staff understand the needs of the student with a disability and the accommodations requested by the student. If a service animal is used, the staff need to understand how the animal has been trained to help. Service animals are precious and beloved and we want to protect them as best we can.

To best serve the needs of students with disabilities in the lab, the student should meet with their instructor and/or the Chemical Hygiene Officer who will perform a needs assessment using the document provided below. This meeting should take place at least two weeks prior to a service animal being permitted in the laboratory.

Safety Equipment: Basic Personal Protective Equipment (PPE) required of all persons in Biology and Chemistry laboratories:

● Long pants or skirt to completely cover the legs. Leggings, nylons or tights are not sufficient protection.

● Closed shoes that cover the entire foot.

● In some laboratories (for example, Organic Chemistry or Advanced Anatomy) a laboratory coat, sized properly to cover the wrist, arms and chest and the top of the thighs, when seated.

● In some laboratories (Chemistry and some Biology), safety goggles or safety glasses depending on the type of lab work.

Service animals entering laboratories must be similarly protected to prevent exposure to hazardous chemicals, broken glass or other hazards that might be present in the laboratory environment.

● Booties to cover the feet and a disposable lab coat should be provided by the owner when laboratory work involves the use of glassware or hazardous chemicals.

● The Biology and Chemistry Program will make available plastic-backed absorbent paper for the animal to lie on during lab to protect the animal from whatever might be on the floor. Animal beds or fabric pads are not appropriate for use in the lab.

● Safety goggles for service animals are available and may be provided by the student at their own discretion.

Note: If the student’s disability is temporary, such as the use of crutches, an arm cast or similar, the student should meet with their instructor and the Chemical Hygiene Officer and discuss PPE options and recommended accommodations to temporarily manage the disability while the student heals.

This policy is adapted from the UC Davis Department of Chemistry, accessed October 15, 2022.

https://chemistry.ucdavis.edu/sites/g/files/dgvnsk196/files/files/page/needs-assessment_0.pdf

APPENDIX

Needs Assessment

To be completed by the course instructor and Chemical Hygiene Officer, in conversation with the student who requests accommodations in lab, with or without a service animal.

Student name

Staff person(s)

Date

Have you met with the Office of Academic Access and what were their recommendations for you? Note that students must register their animal before use on campus.
What accommodations are you requesting in the laboratory course context? Examples can include use of a service animal, wheelchair, or support for low vision or hearing.
Have you worked or learned in a lab setting before? YES NO

If so, have you learned any useful adaptive techniques or equipment modifications you can show or describe for us?

Can you stand for a period of time in the lab? YES NO N/A
Can you lift your arms to be able to use tall lab equipment? YES NO N/A
Can you see well enough to collect data, read a thermometer, digital balance readout, etc.?

YES NO N/A

Can you hear well enough to be alerted to an emergency in the lab, an unexpected occurrence with your experiment, and communicate clearly with your lab partner? YES NO N/A
Do you have tools (such as readers/magnifiers, gripper/grabbers, etc.) you plan to bring to class?

YES NO N/A (describe if needed)

Do you require assistance to turn knobs, open jars, hold and use small items? YES NO N/A

If you use a wheelchair:

Do you require a counter height different from that of the laboratory? YES NO
Can you lift your arms to use or access lab equipment on the counter? YES NO

If you use a service animal:

The “Information for Service Animal Users” sheet must be provided, discussed, and signed.

Do you require the animal to be with you at all times or only under certain circumstances? For certain circumstances, please describe.
Do you need a place for the animal to stay outside the lab while you are in lab and not needing the animal at that time?
If you need the animal to be brought to you while you’re in lab, what are those circumstances?
To what is the animal trained to alert?
How does the animal alert?
What should the staff do if the animal alerts?

Information for Service Animal Users

The Biology, Chemistry, and Environmental Science Program is committed to your safety and success in the laboratory and if that success includes the use of a service animal, to make sure your animal is also safe and secure. Laboratories are dangerous places. Hazardous chemicals, open flames, glassware, and electrical equipment are all in use. It is not a good environment for a beloved and precious animal. If you require the use of a service animal in the laboratory, staff have been trained to ask you a series of questions to determine how best we can safely facilitate the presence of your animal. These questions are not intended to prevent you from having your animal in lab, but rather so we understand how best to accommodate your needs and the needs of your animal. The following equipment and behavior expectations are required for your animal’s safety and for the safety of the other laboratory occupants.

Personal Protective Equipment: Service animals entering laboratories must be similarly protected to prevent exposure to hazardous chemicals, broken glass or other hazards that might be present in the laboratory environment. Booties to cover the feet provided by the owner. The Program will make available plastic-backed absorbent paper for the animal to lie on during lab to protect the animal from whatever might be on the floor. Animal beds or fabric pads are not appropriate for use in the lab. For kennel-trained service animals, a lightweight kennel might be appropriate.

Behavior Expectations: If the service animal is present in lab, the animal must be trained to “stay” and “leave it” (or equivalent behavior). The animal must not vocalize, bark, or growl inappropriately. If the animal is trained to alert by vocalizing, the course instructor must be aware of the circumstances under which the animal would vocalize. Disruptive, extended vocalizing or barking will not be permitted, unless in proper context. The animal must not behave aggressively towards other people – snapping, snarling, growling, charging, swiping, etc. The animal must not jump up on other people. The people in the laboratory will be informed that the animal is a service animal and always working. Interaction with the animal is by permission of the owner and only outside of the laboratory. If the service animal displays any of these behaviors, the animal will not be permitted in the laboratory until documented and demonstrated re-training has occurred.

I have read and agree to these stipulations and requirements.

Name (Print):____________________________________________________________

Signature:_______________________________________________________________

Laboratory Course and Room number:___________________________________________

Staff Member Signature:_________________________ Date________________

EMU Service Animal Application Form

Approved by Provost’s Council, December 13, 2022

Responsible party

The Academic Success Center is responsible for this policy.

Policy Review

This policy is to be reviewed every three years.

Distribution

Employee Handbook