Service and Assistance Animals Student Staff Training 2015

Service and Assistance Animals

Student Staff Training, September 9, 2015

Kathryn Magura, Assistant Director – Operations

Introduction

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Extremely complex topic

In 50 minutes…

I’m not a lawyer

What do you already know?

Of the following animals, which can be considered a service animal?

1. Monkey

2. Dog

3. Cat

4. Miniature Horse

5. None of the above

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What do you already know?

Of the following animals, which can be considered an assistance animal?

1. Monkey

2. Dog

3. Cat

4. Guinea Pig

5. All of the above

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Agenda

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Policy Landscape

Definitions

Compliance Tools

OSU Examples

Q & A

Legal Primer

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• Americans with Disabilities Act (ADA)

• Section 504 of the Rehabilitation Act

• Fair Housing Act (FHA)United States

• Disability Discrimination ActAustralia

• Disability Discrimination Act and Equality ActUnited Kingdom

• Provincial LawCanada

Fair Housing Act

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• Administered by Housing and Urban Development (HUD)

• Focuses on discrimination in housing based on status (like disability)

• Allows for accommodation assistance animals in what is deemed the residential dwelling.

• Changing climate in higher education

Fair Housing Act

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Civil RightsBans

discrimination in housing

Must accommodate

assistance animals in dwellings

Americans with Disabilities Act

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• Accessibility: providing an environment that is free from barriers and usable to the greatest extent possible by everyone.

• Reasonable Accommodation: adaptations that can’t be anticipated or standardized. Differs for each individual upon request.

• Universal Design: Intentionality within design resulting in built environments that are accessible to everyone.

Americans with Disabilities Act

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Access DrivenModification of policy, practices,

procedures

Service animals in all areas of

public accommodation

FHA vs. ADA: A Comparison

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ADA Fair Housing Act

Purpose Access to public accommodations

Civil rights in housing

Applies to Government, public accommodations, educational

entities

Most housing

Requires Use of service animals Reasonable accommodation,including assistance and

emotional support animals

In All areas of public accommodation

Dwellings, including public and common use areas

Accessibility and Accommodation

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Accessibility

• Environment free from barriers

• Usable by everyone

Accommodation

• Adaptations that can’t be anticipated or standardized

• Differs for each request

Service Animals

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• 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 physical, sensory, psychiatric, intellectual, or other mental disability.

• Covered under the ADA and FHA

• Allowed to go wherever the handler goes

Assistance Animals

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• Any animal used in the treatment of a diagnosed condition. May provide physical assistance, emotional support, calming, stability and other kinds of assistance.

• Covered under the FHA

• Allowed in the “dwelling”

• No training necessary

• No restriction on type of animal

Comparison

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Service Animals Assistance Animals

Rights Presume entitled to be on site

Treated as accommodation request

Verification Can only ask if service animal, and what task animal is performing

Sufficient documentation to establish animal is necessary,

existence of disability, and nexus between animal and disability

Exclusions Animal out of control, not housebroken, or direct

threat

Outside of housing (although OCR says classroom requests

must be considered as accommodation)

Locations All areas of public accommodation

Dwelling unit and associated public areas

Court Case Examples

United States v. Millikin University• Settled; university housing must be provided to persons

with disabilities in non-discriminatory manner

United States v. University of Nebraska at Kearney• Judicial ruling; FHA applies to university housing; recently

settled

Leland v. Portland State University• Settled; equal access to services and room types

Velzen v. Grand Valley State University• Settled; emotional support animals in common areas of

dwelling

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At OSU

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At OSU – OSU’s Policy

• Policy housed with OEI

• Can be found here:http://oregonstate.edu/accessibility/serviceanimalpolicy

• Both service and assistance animals permitted under the policy – assistance animals in UHDS dwellings only

• Service animals in training

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At OSU – examples of need

Why do we have a policy in place?• OEI’s policy previously referenced

How do we educate students about our process? • Request

• Approval

• Integration to Community (Checklist)

• Follow up Notifications as needed

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Eligibility

What are you allowed to ask?

1. Is that a service animal?

2. What tasks is it trained to perform?

How is eligibility determined?

• By a licensed medical professional

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Being Proactive v. Reactive

• Understanding what we can/can’t/ should ask

• Understanding and planning for impacts of animals in residence

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Partners in this Process

• DAS

• CAPS/ SHS (occasionally)

• OGC (occasionally)

• Individual student

• Individual units working

• with UHDS

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Service Animal Etiquette

• Don’t make eye contact

• Assume they are working

• Don’t pet

• Don’t talk to the animal

• Seek permission from the owner

• Recognize that this is a service animal, not a pet

• Not all service animals are the same22

How can we help?

Help student understand context of residential environments

Consider asking owner if there are things we can do to help

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Take Home Points

• Our responsibility to understand laws and how they impact our work

• Our responsibility to provide student-centered experiences

• Look at each case in context and provide individualized support

• Follow our process and when in doubt, ask questions

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Acknowledgements

• Josh Gana, University of Washington

• Jill Childress

• Shelley Griffiths and Wilde

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[email protected]

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