91ÁÔÆæ

This Guideline is to help clarify federal, state and local laws regarding access for service animals that assist students with barriers at the University of North Georgia (91ÁÔÆæ). Please, refer to the set by the university for more information. This guideline pertains to clarification and does not set policies or laws. 

Service Animal

Under the Americans with Disabilities Act (ADA), a Service Animal is defined as a dog or miniature pony that is individually trained to do work or perform tasks for people with disabilities. Examples of work or tasks 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; providing physical support 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 do not constitute work or tasks for the purposes of this definition. Service Animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability.

In addition to the provisions about service dogs, ADA regulations have a separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the Miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

Service Animals are not required to register with Student Accessibility Services, since it is a civil right.

Service Animals in Training

Georgia law (§30-4-2), provides that individuals accompanying dogs being trained to be Service Animals are to be given the same degree of access that is entitled under federal law for a person with a disability who is assisted by a Service Animal, subject to certain identification and other requirements. This guideline pertains to visitors to and students of 91ÁÔÆæ.

Definitions

Service Animal in Training

Under the Americans with Disabilities Act (ADA), a Service Animal is defined as a dog that is individually trained to do work or perform tasks for people with disabilities. While the dog is being trained, it is a Service Animal in Training.

Notification

Individuals training the animal must meet with Student Accessibility Services to register the Service Animal in Training.

Responsibilities of Individuals Training the Animal

Failure to adhere to the responsibilities to follow may be grounds for removal of the Service Animal in Training from university facilities

• Individuals training the animal are required to keep their Service Animal in Training under their direct physical control at all times by means of appropriate leash or other lead of a type and length that enables the Partner to maintain close and direct physical control of the Service Animal in Training.
• Individuals training the animal should not transfer the control to another person. Any person seeking to reside in the university housing should obtain permission, as from the Director of Residence Life to house the Service Animal in Training on campus.
• Individuals training the animal are required to remove a Service Animal in Training that is unruly or disruptive (e.g. Biting or attempting to bite, barking, running around, jumping at or up on people or other excessive physical activity that goes beyond repositioning itself on the down stay). The Individuals training the animal may be directed to do so by a university faculty or staff member or by any member of the university public safety department. In determining whether a service animal in training is being unruly or disruptive within the meaning of this paragraph, all facts and circumstances may be considered. In the event of such behavior by a Service Animal in Training, it may be denied access to the university facilities until the Partner can demonstrate that he or she has taken sufficient steps to correct or control the unacceptable behavior of the Service Animal in Training.
• Individuals training the animal should not bring a Service Animal in Training that is ill to university facilities and must remove the Service Animal in Training from the university facilities immediately if it becomes ill. An individual with a Service Animal in Training that appears to be ill may be asked to remove the animal from university facilities by a member of public safety, other university faculty, or staff.
• Individuals training the animal must ensure that their Service Animals in Training are kept clean and well groomed. Unhygienic service animals in training (such as animals that are flea-infested, foul-smelling, or inadequately groomed) should be asked to leave the university facilities or activities until such conditions are corrected.
• Service Animals in Training will be excluded from university facilities if they are not housebroken. In the event of an isolated incident of a Service Animal in Training failing to control its bodily eliminations due to illness or accident, the individual training the animal is responsible for immediately and properly cleaning up and disposing of any bodily fluids or solid waste from the Service Animal in Training, whether indoors or outdoors.
• Proper clean-up will depend on the specific circumstance but includes at a minimum physical removal of any liquid and solid wastes, and disposal of the same and the cleaning materials used securely in a plastic bag which is to be deposited in an outdoor waste container. To this end, individuals training the animal should have in their possession at all times when accompanied by their Service Animal in Training appropriate and sufficient cleaning materials and disposal bags.
• After the clean-up action required above, the individual training the animal should notify an appropriate university employee in the affected building or area of the incident, such as those persons performing custodial functions, so that further deodorization and disinfection procedures can be performed as needed by appropriate university personnel. Where such university personnel are not readily available, the individual training the animal must contact the university custodial services (if inside a building) or the university grounds department (if outside the building).
• In all cases of damage to university facilities by a Service Animal in Training failing to control its bodily eliminations due to illness or accident, or in any other manner, the person training the service animal can be liable for any and all costs resulting when the animal causes damage to the university facilities or injury to person.
• In the case of any incident involving injury to a person by a Service Animal in Training, the individual training the animal should make an immediate report to university public safety so that the incident can be properly investigated and documented. The Partner shall also fully comply with any state or local law or regulation requiring additional reports to other government agencies that may be required due to the physical injury caused by the Service Animal in Training.