Service Animal and Emotional Support Animal Policy

The University of Cincinnati (the “University” or “UC”) recognizes the importance of Service Animals and Emotional Support Animals to individuals with disabilities and complies with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, the Fair Housing Act, and other applicable state and local laws.

This Service Animal and Emotional Support Animal Policy (the “Policy”) applies to all University employees, students, contractors, volunteers, visitors, and anyone on university-owned or -controlled property.

This Policy only describes policies and procedures related to Service Animals and Emotional Support Animals. Therapy Animals as defined herein are excluded from the scope of this Policy.

A dog that is in training to assist a blind person, a deaf or hearing-impaired person, or a person with a mobility impairment. Assistance Dogs in Training are not pets; pets and other animals are regulated by University Advisory 22.1: Animals on Campus.

An animal that provides emotional support, calming, or stability that alleviates or reduces one or more identified symptoms or effects of a person’s disability. Emotional Support Animals do not perform work or tasks that would qualify them as “Service Animals” under this Policy. Emotional Support Animals may be any kind of small animal commonly kept in households and allowed within state or county regulations (e.g., dog, cat, rabbit, fish, turtle, or other small, domesticated animal that is traditionally kept in the home for pleasure). Emotional Support Animals are not pets; pets and other animals are regulated by University Advisory 22.1: Animals on Campus.

A person with a disability that a Service Animal or Emotional Support Animal assists, a personal care attendant who handles a Service Animal for the person with a disability, or a person training an Assistance Dog in Training.

A University employee in a position of authority. These persons may include but are not limited to public safety officials, building managers, event management staff, University-operated housing staff, and university faculty.

An animal 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 must be directly related to the individual’s disability (e.g., a dog which alerts a deaf or hard-of-hearing person to sounds; a miniature horse which guides a visually impaired person; a monkey which collects or retrieves items for a person whose mobility is impaired).

Work or tasks that do not meet the Service Animal definition include, but are not limited to:

• An animal serving as a crime deterrent.
• An animal trained in specific tasks that are not related to the Handler’s specific disabilities.
• An animal providing emotional support, well-being, comfort, or companionship.

Service Animals are not pets; pets and other animals are regulated by University Advisory 22.1: Animals on Campus.

An animal, most often a dog, that has been trained to be used by specific practitioners in interactions with people in a therapeutic or public venue.

1. Students. Service Animals accompanied by Student Handlers may be brought into any areas of the university or on campus where the student is permitted to go, unless otherwise noted by this Policy. Student Handlers wishing to bring their Service Animal to the classroom are encouraged, but not required to register with Accessibility Resources.
2. Visitors. Service Animals accompanied by a visitor Handler may be brought into areas of public accommodation on campus, unless otherwise prohibited by this Policy
3. Employees. Employees with a disability who wish to bring their Service Animal to a University office or other areas not open to the public may request a reasonable accommodation through Human Resources.
4. The University may impose legitimate safety requirements on the use or presence of a Service Animal that are necessary for the safe operation of University facilities. There may be individual exceptions in places where the presence of the Service Animal may compromise a sterile environment and from which the University may exclude Service Animals on a case-by-case basis based on actual risk.
5. Service Animals are not required to:
   1. Wear a vest or other identification that indicates they are a Service Animal.
      1. Handlers may consider having the animal wear some type of commonly recognized identification symbol identifying the animal as a Service Animal, while not disclosing the disability.
   2. Be certified by or registered with the University.
      1. Employee and student Handlers may consider obtaining a free University ID Card for their Service Animal by contacting Accessibility Resources (students) or Human Resources (employees).

1. Persons in Charge may question an individual about a Service Animal. Persons in Charge may not ask about the nature or extent of a person’s disability, but may ask two questions to determine whether an animal qualifies as a Service Animal: 
   1. If the animal is required because of a disability; and, 
   2. What work or task has the animal been trained to perform related to the disability. 
2. Persons in Charge should not inquire about a Service Animal if it is readily apparent that the animal is trained to do work or perform tasks for an individual with a disability. 
3. Persons in Charge are prohibited from requiring documentation that the Service Animal has been certified, trained, or licensed as a Service Animal. 
4. Persons in Charge who have concerns or questions regarding Service Animals or whether an animal qualifies as a service animal should contact Accessibility Resources.

1. In Ohio, an Assistance Dog in Training has the same rights as a Service Animal when accompanied by a Handler. Handlers of Assistance Dogs in Training must adhere to the requirements for Service Animals and are subject to the removal policies as outlined in this Policy.
2. Generally, dogs that are being fostered, socialized, or housebroken are not Assistance Dogs in Training. Only dogs being trained to perform specific work or tasks to assist a blind person, a deaf or hard of hearing person, or a person with a mobility impairment are Assistance Dogs in Training.

1. In contrast to Service Animals, Emotional Support Animals are generally not allowed inside of classrooms or other University facilities (with the exception of University housing via an approved accommodation), but on occasion, prior to bringing the Emotional Support Animal to the University, may be approved as a reasonable accommodation by Accessibility Resources (students) or Human Resources (employees) for use in specific University locations. Some of the factors used to decide whether a specific animal is reasonable include:
   1. Whether the animal is appropriate for the requested environment.
   2. Whether the animal is commonly kept in households.
   3. Whether the animal is necessary for the individual to have equal access in the requested environment.

1. Handlers are responsible for any damage caused by or because of their animals, beyond normal wear and tear. Some examples of damage beyond normal wear and tear include flea infestation, urine stains, scratch marks, or University property that must be repaired or replaced.
2. Handlers are responsible for injuries caused by their animals and must take appropriate precautions to prevent property damage or injury.
3. The cost of care, arrangements, and responsibilities for the well-being of an animal are the sole responsibility of the Handler.
4. The Handler must abide by city, county, and state ordinances, laws, and regulations pertaining to licensing, vaccination, and other requirements for animals. It is the Handler’s responsibility to know and understand these ordinances, laws, and regulations. 
5. Service Animal Handlers
   1. While not required, Handlers are encouraged to partner with Accessibility Resources (for students and visitors) or Human Resources (for employees) before bringing a Service Animal into University facilities of public accommodation
   2. Handlers must:
      1. Except inside of the Handler’s personal residence in University housing, keep the Service Animal on a harness, leash, or tether, unless doing so would interfere with the Service Animal’s work or the Handler’s disability prevents using these devices. In that case, the Handler must maintain control of the Service Animal through voice, signal, or other effective controls.
      2. Ensure the Service Animal responds to voice or hand commands at all times and is under full control of the Handler.
      3. To the extent possible, ensure the Service Animal is unobtrusive to other individuals and the learning and working environment
6. Emotional Support Animal Handlers.
   1. For approved Emotional Support Animals, Handlers must:
      1. Except inside of the Handler’s personal residence in University housing, keep the Emotional Support Animal on a leash, harness, tether, or otherwise physically restrained.
      2. Ensure the Emotional Support Animal is under the full control of the Handler at all times.
      3. To the extent possible, ensure the Emotional Support Animal is unobtrusive to other individuals and the learning, living, and working environment.
7. Animal Etiquette. To the extent possible, the Handler should ensure that a Service Animal or Emotional Support Animal does not:
   1. Sniff people, food, or the personal belongings of others.
   2. Display any behaviors or noises that are disruptive to others, unless part of the service being provided to the Handler.
   3. Block an aisle or passageway for fire egress.
   4. In classrooms, bark, sniff backpacks, whine, paw the Handlers or others when not related to the tasks the animal is performing.
   5. Relieve itself in inappropriate settings (e.g., classrooms, hallways, sidewalks, and sports fields).
8. Waste Cleanup Rule
   1. Handlers are required to clean up after and properly dispose of a Service Animal or Emotional Support Animal’s waste in a safe and sanitary manner in outdoor trash receptacles. Handlers who are not physically able to pick up and dispose of animal waste are responsible for making all necessary arrangements for assistance.
9. Care Plan Rule
   1. Handlers should ensure that their Service Animal or Emotional Support Animal has a care plan in place (a local emergency contact) in the event of an emergency where the Handler may be incapacitated or otherwise unable to care for the animal.
   2. The local emergency contact must be able to care for the animal off University property while the Handler is incapacitated or otherwise unable to care for the animal.
   3. If the local emergency contact does not respond or is unavailable to assist, the University has the right to remove the animal. The Handler will be responsible for all costs associated with the animal’s removal.

1. Service Animals  
   1. The University will not limit room assignments for Handlers with a Service Animal to any particular building(s).
   2. Handlers planning to bring their Service Animals to reside in University housing should provide sufficient notice of their intent to do so in order for University housing to be able to make appropriate arrangements regarding placement, roommates, etc.
   3. Upon request, Handlers must submit up-to-date vaccinations and licenses required by state and/or local law to University housing.
   4. University personnel are not required to provide food or care for the Service Animal.
   5. UC will not require any surcharges or fees for Service Animals in University Housing. However, in keeping with appropriate University policies and procedures, the Handler may be charged for excessive damage to housing beyond reasonable wear and tear caused by the Handler or Service Animal.
2. Emotional Support Animals
   1. Prior to bringing the animal into University housing, students or visitors living or staying in University housing must request an Emotional Support Animal accommodation by following the process set forth in Accessibility Resources’ Emotional Support Animal Guidelines and Documentation.
   2. Prior to bringing the animal into University housing, Employees living in University housing must make an Emotional Support Animal accommodation request by following Human Resources process.
   3. It is the responsibility of the requester to demonstrate the relationship between the animal and the disability, including but not limited to providing documentation from a third-party health care provider who has an established provider-patient relationship and whose last contact with the requester was within the previous 12 months of the request.
   4. University personnel are not required to provide food or care for an approved Emotional Support Animal.
   5. UC will not require any surcharges or fees for Emotional Support Animals in University Housing. However, in keeping with appropriate University policies and procedures, the Handler may be charged for excessive damage to housing beyond reasonable wear and tear caused by the Handler or Emotional Support Animal.

1. A Person in Charge may direct a Handler to remove their Service Animal or Emotional Support Animals for the following reasons:
   1. The animal is out of control and the Handler has not taken immediate effective action to control it. Whether an animal is out of control is at the discretion of the Person in Charge.
   2. The animal is not trained to eliminate waste in appropriate areas. The Handler will be held responsible for cleaning up wherever an animal waste accident happens, and waste must be deposited in an outdoor receptacle. Handlers should also notify a Person in Charge after waste cleanup when possible
   3. The animal displays a substantial lack of cleanliness.
   4. The animal is abandoned, that is, left anywhere on University property without a Handler present, unless a local emergency contact is imminently responding pursuant to an emergency response and care plan.
   5. The University determines the animal to be a substantial and direct threat to the health and safety of others. This may occur as a result of a very ill animal, an animal acting in an aggressive or threatening manner, or the presence of an animal in a sensitive area like a medical facility, certain laboratories, or mechanical or industrial areas.
2. If the improper animal behavior(s) happens repeatedly, the Handler may be prohibited from bringing the animal into any University facility until the Handler can demonstrate to the Accessibility Resources (students) or Human Resources (employees) that they have taken significant steps to mitigate the behavior(s).
   1. In the event a Handler is not cooperating regarding removal of the animal, the Person in Charge should not separate or attempt to separate a Handler from their animal. UCPD may be called to help address the situation.
   2. Where an animal is removed pursuant to this Policy and no longer permitted, the University will work with the Handler to determine reasonable alternative opportunities to participate in the service, program, or activity without having the specific animal on the premises.
   3. Special considerations when removing a Service Animal or Emotional Support Animal.
      1. When a Service Animal or Emotional Support Animal is removed pursuant to this Section, or when the presence of the Service Animal/Emotional Support Animal constitutes a fundamental alteration to the nature of a program, service, or activity, Accessibility Resources (for students and visitors) or Human Resources (for employees) should be consulted, if practicable, to help make these determinations on a case-by-case basis.

1. Some people may have conflicting impairments related to animals that are substantial enough to qualify as disabilities. In the event of a person with a severe conflicting disability having to be in close proximity to a Service Animal or Emotional Support Animal, the University will consider the needs of both persons in meeting its obligations and will attempt to resolve the problem as efficiently and expeditiously as possible.
2. The person asserting a conflicting medical condition) will be required to provide appropriate medical documentation identifying the condition(s) and need for an accommodation.
   1. Students and visitors requesting disability accommodations should contact Accessibility Resources.
   2. Employees requesting disability accommodations should contact Human Resources.

1. Appeals
   1. Any Handler seeking to appeal an accommodation decision regarding their Service Animal or Emotional Support Animal or the removal of their Service Animal or Emotional Support Animal may do so through the University’s Disability Grievance Procedure.
2. Discipline
   1. Students Handlers who fail to meet or violate the applicable rules and requirements of this Policy may be referred to the Office of Student Conduct and Community Standards
   2. Employee Handlers who fail to meet or violate the applicable rules and requirements of this Policy may be subject to discipline, pursuant to applicable University policies, rules, and/or collective bargaining agreements, up to and including termination of employment.

• University Advisory 22.1: Animals on Campus
• Emotional Support Animal Guidelines and Documentation
• Disability Grievance Procedure

The following links are to state regulations on animals and select specific county codes. All Handlers are responsible for knowing and following these regulations as well as this Policy.

• Ohio Revised Code Chapter 955 Dogs
• City of Cincinnati Animals and Pets
• Hamilton County Animal Control
• Clermont County Animal Control and Dog Warden