The University of Louisville (UofL) recognizes the importance of Service and Emotional Support Animals to individuals with disabilities and has established the following policy.
Use of Service Animals
In compliance with applicable law, UofL generally allows Service Animals in its buildings, classrooms, residence hall rooms, common area spaces, meeting areas, dining areas, recreational facilities, activities, and events when the animal is accompanied by an individual with a disability who indicates the Service Animal is trained to provide, and does provide, a specific service to them that is directly related to their disability. This section does not apply to Emotional Support Animals that do not qualify as service animals; Emotional Support Animals may be restricted from many university settings where service animals may not, as discussed in the “Use of Emotional Support Animals” section of this policy.
Students using Service Animals on campus will be permitted to house the dog in the residence halls but must adhere to all provisions outlined in this policy and applicable procedures. Exceptions will be made as an accommodation for a student with a disability who uses a Service Animal in accordance with the applicable disability laws. Generally, animals/pets are not permitted in residence facilities. For information regarding animals in the residence halls, see the “PROCEDURES” section of this policy.
Under particular circumstances set forth in the ADA regulations at 28 CFR 35.136(i), a miniature horse may qualify as an alternative to a dog, subject to certain limitations. The university will make modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with disability. In determining whether reasonable modifications can be made to allow a miniature horse into a specific facility, UofL shall consider:
· The type, size, and weight of the miniature horse and whether the facility can accommodate those features.
· Whether the handler has sufficient control of the miniature horse.
· Whether the miniature horse is housebroken.
Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
Contact the Disability Resource Center at 502-852-6938 or the office of the ADA Coordinator at 502-852-5787 for more information specific to miniature horses as Service Animals. Contact the office of the ADA Coordinator at 502-852-5787 to ask specific questions related to the use of Service Animals on the UofL campus by visitors.
Use of Emotional Support Animals
Emotional Support Animals may be considered for access to university housing if they meet appropriate qualifications for use under applicable law. Emotional Support Animals are generally not permitted in other university facilities such as libraries, classrooms, athletic facilities, labs, student center, etc., or at university-sponsored events. As with Service Animals, Emotional Support Animals must not be inherently dangerous to others, and must be non-aggressive, under the owner’s control at all times [or well-behaved and/or properly contained when the owner is not present to control the animal, as in the university housing setting], and housebroken. In some circumstances, Emotional Support Animals may be allowed in residence facilities. The Disability Resource Center will engage in an interactive process with the student and Campus Housing to review requests for Emotional Support Animals on a case-by-case basis to determine if the applicant has a disability, if the animal is a reasonable accommodation to afford equal opportunity to use and enjoyment of the dwelling in light of the individual’s disability, and to determine an identifiable relationship between the disability and the assistance the animal provides. An accommodation may be determined unreasonable if it presents an undue financial or administrative burden on the university, poses a substantial and direct threat to personal or public safety, or constitutes a fundamental alteration of the nature of the service or program (See the “PROCEDURES” section of this policy).
Contact the Employee Relations and Compliance team in Human Resources at 502-852-6536 to ask questions relevant to possible use of an Emotional Support Animal in the employment context pursuant to the Rehabilitation Act or the ADA. Contact the ADA Coordinator at 502-852-5787 to ask questions regarding the university’s obligations as to Emotional Support Animals in other contexts.
Specific requirements and guidelines are provided below concerning the appropriate use of and protocols associated with Service and Emotional Support Animals.
Inquiries Regarding Service Animals
In general, UofL will not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a Service Animal. UofL may ask:
· is the animal a Service Animal required because of a disability?
· what work or task has the animal been trained to perform?
The UofL cannot require an individual who uses a service animal to produce documentation of the animal’s credentials, such as proof that the animal has been certified, trained, or licensed as a Service Animal, nor may a Service Animal be required to display a vest or other visible designation, attire or marking that identifies the animal as a Service Animal. Generally, UofL may not make any inquiries about a Service Animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability). Moreover, UofL may not require the animal to demonstrate the tasks the animal is trained to perform.
Service Animal Control Requirements
· The animal should generally be on a leash except when the animal’s providing a needed service to the handler, or the handler’s preparing the animal to perform such a service, requires that the animal be momentarily unleashed. The animal’s behavior must be under control at all times, whether leashed at a given moment or not.
· The animal must be housebroken.
· The animal must be responsive to voice or hand commands as appropriate, and be under the control of its handler.
· The animal should be non-disruptive to other individuals and the learning, living, and working environment.
· To the extent possible, the owner should ensure that the animal does not:
o Sniff or jump on people, restaurant tables, or the personal belongings of others.
o Block an aisle or passageway for fire egress.
Service Animal Etiquette
Administrators, faculty, staff, students, visitors, and members of the general public should avoid the following:
· Petting, touching or otherwise distracting a Service Animal when it is working.
· Feeding a Service Animal. The work of a Service Animal depends on a regular and consistent feeding regimen that the handler is responsible to maintain.
· Harassing or deliberately startling a Service Animal.
· Separating or attempting to separate a handler from their Service Animal.
· Making unwelcome or uninvited inquiries regarding the individual’s disability.
Removal of Service Animals
Service Animals may be ordered to be removed by the University of Louisville Police Department, in collaboration with Campus Housing, the Dean of Students’ Office, and others as appropriate, for the following reasons:
· Out of Control Animal: A handler may be directed to remove an animal that is out of control and the handler does not take effective action to control it. If the improper animal behavior happens repeatedly, the handler may be prohibited from bringing the animal into any university facility until the handler can demonstrate that she/he/they has taken effective steps to mitigate the behavior.
· Non-housebroken Animal: A handler may be directed to remove an animal that is not housebroken.
· Direct Threat: A handler may be directed to remove an animal that UofL determines to be a substantial and direct threat to the health and safety of individuals. This may occur as a result of a very ill animal, a substantial lack of cleanliness of the animal, or the presence of an animal in a sensitive area like a medical facility, certain laboratories or mechanical or industrial areas.
Where a Service Animal is properly removed pursuant to this policy, UofL will work with the handler to determine reasonable alternative opportunities to participate in the service, program, or activity without having the Service Animal on the premises.
Service Dogs in Training
In accordance with KRS 258.500, service dogs in training are permitted on campus and in all public facilities on the same basis as working Service Animals, provided that all of the following conditions are met:
· The dog is being led or accompanied by a trainer for the purpose of training the dog.
· The trainer must have in their personal possession identification verifying that they are trainers of service dogs.
· Handlers of service dogs in training must also adhere to the requirements for service animals as outlined in this policy. Service Animals in training are also subject to the same Responsibilities of Handlers, Animal Control Requirements, Waste Cleanup, Removal, and Emergency Response sections outlined in this policy.
UofL reserves the right to amend this policy as circumstances require.