The following guidelines provide important information about Service Animals on the University of Oregon campus.
Definition
In accordance with applicable law and regulations, a Service Animal is a dog or miniature horse that is individually trained to work or perform one or more tasks for the benefit of an individual with a disability (referred to herein as "handler"). Under Title II of the Americans with Disabilities Act (ADA), there are no restrictions on the type of dog breed that can serve as a Service Animal. Other animal species—even if they perform work or tasks that meet these criteria—are not considered Service Animals under these guidelines or applicable law and regulations.
The work or task performed by a Service Animal must be directly related to the person’s disability. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purpose of this definition. An Emotional Support Animal is not a Service Animal.
Examples of the types of tasks performed by a Service Animal include, but are not limited to:
- helping a person who has low vision or is blind to avoid obstacles, locate objects, or perceive changes in elevation;
- alerting a person who is hard of hearing to specific sounds or retrieving dropped objects;
- helping a person with a physical disability retrieve, carry, tug, pull, brace, or seek emergency help;
- helping a person with a seizure disorder before, during, or after an episode;
- alerting a person with Autism to distracting repetitive movements;
- calming a person with Post-Traumatic Stress Disorder during a panic attack; or
- alerting a person with diabetes when their blood sugar is too high or too low.
Right to Access University Property
Under Title II of the ADA, Service Animals (or Service Animals in training) are permitted to accompany their handler in any University location (including University Housing), where students, members of the public, and other participants engaging in University services, programs, or activities are permitted unless the presence of the Service Animal would be a fundamental alteration of the program or service. This right to access includes University venues that sell or prepare food even if state or local health codes prohibit animals on the premises.
A Service Animal may not be excluded based on concerns with allergies, stereotypes about the animal’s breed, or unsubstantiated assumptions as to how the animal might behave.
In accordance with Oregon law, Service Animals in training are granted the same access to University facilities as fully trained Service Animals. Handlers of Service Animals in training must adhere to requirements for Service Animals and are subject to the same removal policies.
Exclusion of Service Animals from University Buildings
The University may prohibit a Service Animal from accessing a University building if:
- the animal is out of control or sufficiently disruptive and the handler does not take effective action to control it;
- the animal is not housebroken;
- the animal’s presence in a specific environment poses a direct threat to the health or safety of the animal (such as mistreatment and/or neglect), the handler, or other members of the University community;
- the presence of the animal fundamentally alters the nature of the place, service or activity; or
- the presence of the animal causes an undue burden.
The University, through the Office of Equal Opportunity and Access (OEOA) or through the Accessible Education Center (AEC), will make an individualized assessment based upon objective evidence when considering whether the animal poses a direct threat to the health or safety of others or that the presence of that person’s animal would fundamentally alter the nature of a program, service, or activity. Departments, faculty, and employees cannot alone determine if a Service Animal is a fundamental alteration, or must be removed, without first consulting OEOA unless there is an immediate threat.
If immediate removal of a Service Animal is necessary for safety reasons, the handler may be prohibited from bringing the animal into any University facility until the concern has been resolved. In the event a handler is not cooperating regarding removal of the animal, the department should not separate or attempt to separate a handler from their animal. UOPD or local law enforcement, or both, may be called to help address the situation.
Where an animal is removed pursuant to University Policy, the unit should work with OEOA or AEC to determine next steps. Prior to allowing the animal to return to campus, OEOA or AEC will work with the handler to determine whether steps have been taken to mitigate the behavior(s) or address safety concerns and it is safe for the animal to return to the university. If not, OEOA or AEC will work with the handler to assess reasonable alternative opportunities to participate in the service, program, or activity without having the specific animal on the premises. Permanent removal of a Service Animal would only be considered after sufficient time and opportunity for the handler to address and correct the concerning behavior, and can only be done in consultation with OEOA or AEC.
When requested, a written explanation of the decision will be provided to the animal’s handler or owner.
Examples of areas that are or may be off limits to Service Animals based on the above include:
- research laboratories, kitchens, or other clean room facilities in which natural shedding processes or organisms carried by Service Animals may negatively affect the outcome of the safe food preparation, research, or operations, and for which control or other accommodations would create an unreasonable burden; or
- areas where routine operations result in potential danger to the Service Animal, handler, or other university personnel and for which control or other accommodations would create an undue burden. These include, but are not limited to, mechanical rooms, custodial closets, boiler rooms, facility equipment rooms, electrical service closets, elevator control rooms, kiln rooms, and workshops or studios where there are sharp metal cuttings or other sharp objects on the floor or protruding from a surface, hot material on the floor, a high level of dust, there is moving machinery or where protective clothing is required.
Please be advised that if the Service Animal is denied access after consulting with OEOA or AEC on the determination, university staff must offer the handler the opportunity to obtain goods or services without the animal present.
Prior Approval Not Required Except as a Workplace Accommodation
A handler accompanied by a Service Animal in an area of the University that is open to the public is not required to register the Service Animal with any University office.
Students are welcome, but not required, to work with the AEC to incorporate the presence of their Service Animal into their accommodation plan. Many students find this to be helpful in facilitating clear communication and needs.
A University employee who requires the accompaniment of their Service Animal into their physical work location must request an accommodation through OEOA.
Permissible Inquiries by University Employees
University employees should not ask any handler if the animal is a Service Animal when it is obvious that the animal is performing, or responsible for performing, work on behalf of their handler. For example, if the handler is a person who is blind and the Service Animal is tasked with serving as a guide dog. A Service Animal is not required to wear a special vest or harness identifying it as a Service Animal or provide any proof of certification.
In some circumstances, a University employee may have a need to inquire about an animal’s presence on University property, and it may not be readily apparent that the animal is a Service Animal. When it is not obvious that an animal is a Service Animal, University employees may ask the handler two questions to determine whether the animal is a Service Animal:
- Is your dog/miniature horse required because of a disability?
- What work or task has your dog/miniature horse been trained to perform?
University staff are not permitted to request the handler demonstrate that the animal is able to perform the work or task identified. Under no circumstances should University staff ask a handler questions about the nature or extent of their disability or request medical documentation or documentation establishing that the Service Animal has been trained, certified or licensed as a Service Animal.
If the animal is not required because of a disability or has not been trained to perform work or a task, then it does not qualify as a Service Animal. If the handler states that the animal provides emotional support that does not constitute a task or work, the animal does not qualify as a Service Animal. University staff may then ask if the necessary University department (OEOA or the AEC) has determined that this animal is an Emotional Support Animal that may be present as a reasonable accommodation, as outlined in the Emotional Support Animal guidance.
Please be advised that under certain circumstances, a Service Animal may perform a task or work in connection with a handler who has a mental health disability. If you encounter such a situation, do not ask the individual to leave. University employees who are unsure whether an animal is a Service Animal or an Emotional Support Animal should contact the Office of Equal Opportunity and Access (in the case of handlers who are employees or members of the public) or the AEC (in the case of handlers who are students) to determine an appropriate course for addressing the situation.