Emotional Support Animals on Campus and the Law Presented By: Christine Helwick, Esq. Hirschfeld & Kraemer To change the image on this slide, select the picture and delete it. Then click the Pictures icon in the placeholder to insert your own image. Exclusive Technology Sponsor:

HOUSEKEEPING Some things to remember: Restrooms are outside the auditorium. You may be photographed during the course of this event for use in Chapter publicity materials. Please alert the photographer if you do not wish to be photographed. Look for volunteers in black shirts for assistance.

SERVICE ANIMALS Always a dog (might be a miniature horse) Trained to perform a service Used by both employees and students

CAN PERFORM A BROAD RANGE OF SERVICE Low Vision Hearing Loss Calm Anxiety Retrieve Items (e.g, phone) Pull a Wheelchair Assist during a seizure Assist with Balance Interrupt impulsive behavior Alert to Allergens Remind to take medication Awaken Interrupt repetitive behavior Assist with depression Assist with PTSD symptoms Alert re blood sugar level

YOU MAY ONLY ASK: Is the service dog required because of a disability? What work or task is the service dog trained to perform? Where the disability is obvious (e.g., blindness), it is not permissible to ask even these questions

YOU MAY NOT ASK: Nature or extent of disability? Has the service dog been trained? Is the service dog certified or licensed as a service dog?

SERVICE DOG RULES Cannot be restricted from any location on campus that is open to the public Cannot be required to wear a special identifying vest or patch Cannot be required to be muzzled or crated Cannot be charged any special fees (e.g., insurance) * * * Can be required to be on a leash or a tether Can be required to evidence current vaccinations Can be any breed of dog

ASSISTANCE ANIMALS Emotional support animals Social or therapy Companion animals Comfort animals

Assistance animals are NOT available to employees!! NOT FOR EMPLOYEES Assistance animals are NOT available to employees!!

WHY? Concept originated under the Fair Housing Act, as a form of accommodation for disabilities in housing These are untrained animals that provide companionship, relieve loneliness, help with depression, anxiety and certain phobias and are used to improve physical, social, emotional and cognitive functioning They do not necessarily help with tasks of daily living, nor need to be with their handlers at all times

ASSISTANCE ANIMALS CAN BE ANY ANIMAL They can be dogs, cats, monkeys, rabbits, hamsters, snakes, pigs, turtles, birds, reptiles, spiders, mice . . . They can also be service dogs

ASSISTANCE ANIMALS CANNOT BE: Endangered, wild, poisonous, venomous or extremely dangerous animals that are prohibited by law Taken outside of housing Rules in the common areas of housing are unclear

YOU MAY ASK: The nature of the student’s disability (unless obvious) For documentation of the disability-related need for the particular assistance animal A letter on official letterhead from a therapist, psychologist, psychiatrist, or social worker, stating the student is under their care, has a disability, and that the animal has been prescribed to alleviate symptoms of the student’s condition Current evidence of required vaccinations

YOU MAY NOT ASK: For proof the animal has been certified, trained or licensed as an assistance animal For a demonstration of how the animal provides the assistance required For a special deposit or insurance

SO WHY DO WE GET SO CONFUSED? Service dogs and assistance animals are both a special form of accommodation for disability As the scope of services provided by service dogs has widened, the line between the two has become murky For service dogs, the interactive process is abbreviated For assistance animals, the interactive process is specialized

HOW TO DISTINGUISH: Service dogs are trained, and can be an accommodation for both students and employees Assistance animals are untrained, and are an accommodation only for students in housing

BUT REMEMBER . . . Any request for an animal to accommodate a disability that does not fit into these categories – e.g., from a student outside of housing, or an employee in the workplace – still needs to be considered as an ordinary disability accommodation request and evaluated with an interactive dialogue May consider alternatives to the animal Can evaluate whether the animal is a “reasonable” accommodation

THAT MEANS . . . You won’t react to every request for an animal in the same way: You must distinguish whether the request is an appropriate service dog or assistance animal request You must determine if the request is supported by the necessary information You must only ask the appropriate questions ***If the request does not fit into either the service dog or assistance animal categories, you must also consider it as an ordinary disability accommodation request that calls for an interactive dialogue

RULES FOR ALL CAMPUS ANIMALS Their handlers are responsible for their care and supervision at all times They are exempt for campus “no pet” restrictions They cannot be charged extra fees They must provide evidence of being current with all vaccinations They must be housebroken They are subject to removal if they pose a health or safety risk to others, or are not appropriately controlled by their handlers

A FINAL CONSIDERATION Competing disabilities need to be worked out on an individual basis Automatic separation of the student or employee with an animal is not appropriate

POTENTIAL ACCOMMODATIONS FOR BOTH Separation Altered Scheduling Work at home Filters and air purifiers Intensify cleaning Dander control on animal Breaks for medication Keep-out signs Enclosing spaces Avoiding face-to-face communication

QUESTIONS?