Animals on Campus

Adopted Policy 1.9

Policy Purpose

To set forth the rules governing the presence of animals on Campus.

Responsible Office

Dean of Students, Division of Student Affairs & Enrollment

Responsible Executive

Dean of Students

Policy History

  • Date of Permanent Approval:

Policy Statement

To maintain Campus health, safety and security standards, the University regulates the presence of animals on or in University-owned or controlled property, following all existing laws in establishing the permissibility of animals in University facilities.

Persons Affected

Students, Faculty, Staff, Third Parties

Definitions

Assistance Animal is any animal that provides assistance, performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Although these animals provide assistance, they are not considered Service Animals under Federal regulations. Assistance Animals are also called emotional support animals, comfort animals or companion animals.

Campus or Campuses is any University owned, leased, licensed or operated space, facility, property, grounds, equipment, motor vehicle or building.

Controlled Spaces, for purposes of this policy, are any indoor areas owned or controlled by the University, such as academic, residential, administrative, and dining facilities, as well as laboratory animal facilities, and any outdoor areas owned or controlled by the University with limitations on use or access, including, but not limited to, practice fields, competitive athletics fields, tennis and basketball courts, all fountains as well as the Lecture Center concourse of the academic podium. Areas open to the public, such as streets, lawns, sidewalks, and parking lots with no limitations on access, are not controlled spaces.

Employee is any faculty member of the University at Albany or staff employed by the University at Albany or its related organizations and their subcontractors who are issued University at Albany identification cards.

Handler is an individual with a disability who is the owner, user or trainer of a Service Animal or Assistance Animal, or the owner or individual bringing an animal onto University property.

Pets are animals other than Service Animals, Assistance Animals, and Working Animals owned by an individual for purposes of pleasure, leisure time activity and companionship, including, but not limited to, animals certified as Therapy Animals, foster animals and service animals in training.

Public Areas are areas on Campus open to the public (i.e., streets, sidewalks, parking lots) with no limitations on access and are not defined as Controlled Spaces for the purpose of this policy.

Service Animal is defined by the Americans with Disability Act as a dog or a miniature horse that has been individually trained to work or perform specific tasks directly related to an individual’s disability. Examples of such tasks include guiding an individual with impaired vision or fetching items. Service Animals include those currently in the process of training through a recognized training facility or organization.

Student for the purpose of this policy is defined as anyone registered for courses, either full time or part time, online or on campus, pursuing undergraduate, graduate, or professional studies either in a degree program or in non-degree status or auditing classes; anyone who confirms their intent to enroll in programs and attends orientation sessions; and anyone who resides in the residence halls for any purpose, including camps, or between semesters housing, or breaks, or to take classes at other institutions.

Therapy Animals can be any Pets that have been screened to behave appropriately when interacting with people. The Handler of a therapy animal does not own the animal solely because of the Handler’s disability.

Third Party is any person, organization, group or entity not legally affiliated with the University including, but not limited to the general public, contractors, vendors, guests and visitors to the University, those using University facilities or property under a University revocable permit, and volunteers not officially appointed by the University.

University is the University at Albany, State University of New York.

Working Animals are animals used:  a) in academic courses, for educational or for research purposes; b) for law enforcement and rescue purposes; or c) under the direction of licensed mental health professionals employed by the University for therapeutic purposes.

Policy

  1. Prohibition of animals on Campus
    1. All individuals are generally prohibited from bringing animals into any buildings or other Controlled Spaces on the University Campus, with the exception of Service Animals and Assistance Animals as outline d in the specific instances permitted under this policy and applicable federal and state laws.
  2. Handler Responsibilities for animals exempted from Section A of this policy
    1. The University, in accordance with applicable federal regulations, requires that all animals exempted under this policy be housebroken, not pose a direct threat to the health and safety of others, be up to date on all required vaccines (including rabies, distemper, and parvovirus), and be effectively controllable by their Handler.
    2. The University is encouraging individuals requesting reasonable accommodation for possessing an animal on Campus to provide written consent to the Disability Resources Center and/or Office of Human Resources to disclose information regarding the request to those individuals who may be impacted by the presence of the animal, including, but not limited to, potential and actual roommate(s) and/or potential and actual co-workers who are located in the same workspace.
    3. Handlers must comply with all state laws and local ordinances pertaining to licensing, vaccinations, and other requirements for animals, as well as all University policies and guidelines, including having animals wear current identification and vaccination tags when applicable.
    4. Handlers must provide appropriate restraint, control and supervision of animals at all times.
    5. Handlers must provide animals with appropriate care, including food, water, shelter, health care and humane treatment.
    6. Handlers must clean up and dispose of all animal waste (both indoors and outdoors) in a timely and effective fashion.
    7. Handlers must confine animals when leaving them alone in a University-operated residence.
    8. Handlers are not permitted to leave an animal alone for a time period in excess of six consecutive hours.
    9. Handlers must not allow odor, noise, damage, or other behavior of animals that disturbs others or damages University grounds, facilities or property.
  3. Service Animals
    1. The University welcomes the presence of Service Animals assisting people with disabilities on its Campuses consistent with the provisions of this policy and applicable law. A Service Animal is generally permitted to be on or in University property in any place where the Service Animal’s Handler is permitted.
    2. It is requested that University Employees notify the Office of Human Resources about the Service Animal they plan to bring to the workplace in accordance with the procedures promulgated under this policy. Any such notice is voluntary.
    3. Employees bringing a Service Animal to a University assigned residence as part of their employment and their family members need to contact the Disability Resources Center to request reasonable accommodation of a Service Animal for a disability following the procedures promulgated under this policy.
    4. Students need to notify the Dean of Students of the Service Animal they plan to bring to Campus, especially, but not only, to Campus residential facilities, following the process outlined in the procedures promulgated under this policy.
    5. The University reserves the right to verify within the parameters set by applicable federal and state regulations and law that an animal used in Controlled Spaces is a Service Animal and falls under protections of federal and state laws.
    6. The accompaniment of an individual with a disability by a Service Animal in a location with health and safety restrictions, including, but not limited to, certain laboratory facilities, requires review and approval in accordance with the process outlined in the procedures promulgated under this policy.
    7. Persons present on a University Campus are prohibited from interfering in any way with a Service Animal or the duties it performs.
  4. Assistance Animals
    1. For students residing in University owned or operated housing, an Assistance Animal may be permitted as a reasonable accommodation in the Handler’s assigned living accommodations with prior approval as detailed in the procedures promulgated under this policy to provide individuals with disabilities equal opportunity to use and enjoy University housing.
    2. For Employees, an Assistance Animal may be permitted as a reasonable accommodation in the Handler’s individual workplace as an accommodation for a disability with prior approval as detailed in the procedures promulgated under this policy.
    3. For Employees assigned University housing as part of their employment at the University and their family members, an Assistance Animal may be permitted in the assigned living accommodations with prior approval as detailed in the procedures promulgated under this policy as a reasonable accommodation.
    4. Assistance Animals may not be kept in University assigned living quarters or at a University workplace at any time prior to the Handler receiving approval as a reasonable accommodation pursuant to this policy.
      1. Assistance Animals are not allowed in any other Controlled Spaces at any time.
      2. Assistance Animals are permitted to be in outdoor Public Areas to the same extent as Pets.
  5. Removal of a Service Animal or an Assistance Animal from Campus
    1. The University reserves the right to require the Handler to remove a Service Animal from Campus if:
      1. the Service Animals is out of control and the Handler does not take effective action to control it, or
      2. the Service Animal is not housebroken.
    2. The University reserves the right to require the Handler to remove an Assistance Animal from Campus if:
      1. the presence of the Assistance Animal results in fundamental alteration of a University program,
      2. the Assistance Animal poses a direct threat to the health and safety of others or causes substantial property damage to the property of others, including University property,
      3. the Assistance Animal or its presence creates an unmanageable disturbance or interference with the University community, or
      4. the Handler does not comply with the Handler’s responsibilities of animals on Campus listed in any section of this policy.
    3. The decision to require the Handler to remove a Service Animal or an Assistance Animal from Campus will be made through the process detailed in the procedures promulgated under this policy.
  6. Working Animals
    1. Working Animals are permitted in Controlled Spaces on Campus as necessary for the specific work they perform under the control of authorized individuals with prior approval as detailed in the procedures promulgated under this policy.
  7. Pets
    1. Pets generally are not permitted in or on any Controlled Space on University property.
    2. All exemptions from the restriction of animals on Campus, including, but not limited to, the presence of Therapy Animals on Campus or use of Pets in any event or showcase, need to be approved by the Responsible University Official for this policy.
      1. If Handlers receive permission to bring a Pet to a Controlled Space, they remain responsible for following all requirements in section B of this policy.
    3. Pets on Campus need to have and wear a valid license, have proof of current vaccinations including at a minimum rabies and distemper vaccinations for all animals and parvovirus vaccine for dogs, be under proper restraint (e.g. leashed), and accompanied by their owners at all times.
    4. Handlers must comply with all state laws and local animal ordinances, as well as all University policies and guidelines.
    5. Handlers must clean up and dispose of all animal waste (both indoors and outdoors) in a timely and effective fashion.
    6. Handlers must not allow odor, noise, damage, or other behavior of animals that creates an unmanageable disturbance, threatens the safety of others or damages University grounds, facilities or property.
    7. The University reserves the right to require removal of a Pet or other animal from Campus for violation of this policy.
  8. Effective Date
    1. This policy shall go into effect immediately upon approval.

Procedures

  1. Workplace requests for reasonable accommodation – Service Animal
    1. It is requested that University Employees notify the Office of Human Resources about any Service Animal they plan to bring to the workplace. Any such notice is voluntary
  2. Service Animals in instructional spaces
    1. Students do not require University permission to bring a Service Animal into an Instructional Space, but the University strongly suggests that they contact the Disability Resource Center within the Office of the Dean of Students prior to bringing the Service Animal into an instructional space to ensure that appropriate accommodations may be arranged.
    2. Employees seeking to bring a Service Animal to an instructional space shall follow Section A of these procedures.
  3. Request access to Controlled Space with health and safety restrictions
    1. Employees, Students, visitors, and Third Parties need to contact the Disability Resource Center with their request to bring a Service Animal to a Controlled Space with health and safety restrictions, including, but not limited to, certain laboratory facilities, no later than ten (10) business days before the first date for which access is requested.
    2. For requests made under this paragraph, the Disability Resource Center will create an ad-hoc committee consisting of representatives from appropriate offices given the nature of the request, which may include the Office of Environmental Health and Safety, the Disability Resource Center, the Provost’s Office, Human Resources and the Office of Regulatory and Research Compliance.
    3. The ad-hoc committee will make a recommendation to the Responsible University Official for this policy regarding the request and issue suggestions for alternative reasonable accommodations, if applicable.
    4. The Responsible University Official will make a final determination regarding the request and inform the Handler in writing.
    5. The Handler is responsible for acquiring all necessary personal protective equipment and gear as determined by the Office of Environmental Health and Safety and for ensuring that the Service Animal will wear such gear for the full duration of time it spends in the Controlled Space with health and safety restrictions.
  4. Workplace requests for reasonable accommodation—Assistance Animal
    1. To request reasonable accommodation to bring an Assistance Animal to the assigned workplace, current Employees as well as applicants for positions at the University at Albany need to file the Reasonable Accommodation Request Form with the University’s Office of Human Resources, and receive approval, before reporting to work with the animal.
    2. The Office of Human Resources will process and adjudicate the request in accordance with the Policy and Procedure to Request a Reasonable Accommodation (ADA) and inform the requestor of the decision in writing.
    3. Employees and applicants for positions at the University at Albany that require living in residential facilities on Campus should follow the procedure for a residential request for reasonable accommodation.
  5. Residential requests for reasonable accommodation – Service and Assistance Animals
    1. The Disability Resource Center will maintain a database of all requests for reasonable accommodation to keep Service Animals or Assistance Animals in a University residential living space, including information about the type of animal included in the request as well as the outcome of the request.
      1. Such records shall be maintained in accordance with applicable SUNY records retention schedules.
    2. All Employees assigned a University residence as part of their employment at the University and their family members need to contact the Disability Resources Center to request reasonable accommodation of a Service Animal or an Assistance Animal in the University residence for a disability.
    3. All Students requesting residential reasonable accommodations must register with the University’s Disability Resource Center as a Student with a disability.
    4. Service Animals
      1. New and current Students as well as Employees assigned a University residence as part of their employment at the University and their family members residing in University owned or operated housing need to contact the Disability Resource Center to inform the University of the intent to have a Service Animal in University owned or operated residential spaces to permit the University to identify appropriate housing.
      2. The Disability Resource Center will work in conjunction with the Department of Residential Life and the Office of Human Resources to review Service Animal information and notify the Student or Employee within a reasonable period.
      3. Individuals with Service Animals will need to supply appropriate veterinarian immunization records and state or municipal animal license to the Disability Resource Center.
    5. Assistance Animal
      1. New and current Students as well as Employees and their families residing in University owned or operated housing need to contact the Disability Resource Center with the request for reasonable accommodation to have an Assistance Animal in University owned or operated residential space.
      2. The Disability Resource Center will provide the applicant with the Request for Reasonable Accommodation – Assistance Animal packet and application and review the responsibilities of Assistance Animal Handlers as well as the application process.
      3. New Students need to submit Part B of the Request for Reasonable Accommodation – Assistance Animal packet to the Disability Resource Center no later than 30 days prior to the move-in date to a Campus residence.
      4. Returning Students as well as Employees and their families residing in University owned or operated housing need to renew the request to bring an Assistance Animal to a Campus residential facility annually no later than thirty (30) days prior to the housing sign-up deadline for the following term with the Disability Resource Center.
      5. Students as well as Employees and their families need to have written approval from the University of the request for reasonable accommodation to bring an Assistance Animal to a Campus residence before first bringing the animal into a University residential facility.
      6. Permission to have an Assistance Animal may be granted only as necessary because of an individual’s  documented disability in order to afford the individual an opportunity to use and enjoy University housing and its presence in such housing is reasonable.
      7. The University’s Service and Assistance Animal Committee, consisting of representatives from the Disability Resource Center, Student Health Services and Counseling and Psychological Services, as well as staff from the Office of Human Resources and the Office of Residential Life as appropriate, will review all requests for Assistance Animals in University residential spaces and issue a decision on a case by case basis.
      8. In reviewing each case, the Service and Assistance Animal Committee shall consider the below criteria in determining whether the presence of an Assistance Animal is reasonable in providing individuals with disabilities equal opportunity to use and enjoy University housing.
        1. Whether the animal poses or has posed in the past a direct threat to the individual or others.
        2. Whether the animal causes or has caused excessive damage to housing beyond reasonable wear and tear.
        3. Whether the size of the animal is too large for available assigned housing space.
        4. Whether the animal’s presence would force another individual from individual housing (e.g. serious allergies).
        5. Whether the animal’s presence otherwise violates individuals’ right to peace and quiet enjoyment.
        6. Whether the animal is housebroken or is unable to live with others in a reasonable manner.
        7. Whether the animal results in a fundamental alteration of a Residential Life program.
        8. Whether the handler complies with the University’s responsibilities outlined in Section B of this policy.
  6. Working Animals
    1. The University Police Department regulates the presence of K-9 units on Campus in General Order 16.2.6 Policy K9 Teams.
    2. The University at Albany Institutional Animal Care and Use Committee (IACUC) oversees the University’s animal care and use program and is responsible for reviewing and approving all activities utilizing vertebrate animals for research, teaching and testing.  Information is available at Office of Regulatory and Research Compliance.
  7. Therapy Animals
    1. Requests for Therapy Animals to be brought to Campus need to be made in writing to the Responsible University Official for the policy at least fifteen (15) working days before the first day for which the presence of the Therapy Animals is requested.
    2. Each request needs to include a timeframe, as well as specific information about the animal(s) for which the request is made. Proof of a valid license and current vaccinations as applicable, including at a minimum rabies and distemper vaccines and parvovirus vaccines for dogs, are required for each animal included in the request. 
    3. Proof of completion of certification as a therapy dog is required for all therapy dogs to be brought on Campus acting in a therapy capacity.
    4. The Responsible University Official will review requests on a case-by-case basis and respond with a decision within ten (10) working days of receiving the written request.
    5. The decision of the Responsible University Official is final.
  8. University contacts for concerns regarding an animal on Campus
    1. For concerns regarding a research animal, contact the Research Compliance Officer or Institutional Animal Care and Use Committee, which will follow established procedures in accordance with the University’s Office of Laboratory Animal Welfare (OLAW) Animal Welfare Assurance and New York State Registration. 
    2. For concerns regarding a K-9 animal contact the University Police Department, which will follow established procedures within the University Police Department to review concerns on a case-by-case basis.
    3. For concerns regarding the presence of a Service Animal or an Assistance Animal on Campus contact the Dean of Students or the Office of Human Resources as appropriate.
      1. The Dean of Students will convene the Service and Assistance Animal Committee to review concerns on a case-by-case basis and make a decision based upon the criteria detailed in section B or E of the policy.
      2. The decision of the Service and Assistance Animal Committee will be documented in writing and include a description of the rationale for the decision as well as specific steps for remediation if appropriate.
      3. The Dean of Students or the Office of Human resources will notify the Handler of the animal in writing of the Service and Assistance Animal Committee’s decision and required steps for remediation, including, but not limited to, the removal of the animal from Campus as well as a specific date by which the Handler has to have implemented all required remediation steps.
      4. The Handler can appeal a decision of the Service and Assistance Animal Committee, in writing, to the Office of the Title IX Coordinator within ten (10) working days of receiving the written decision notice.
      5. The appeal needs to include the written notification of the Service and Assistance Animal Committee’s decision and a basis for the appeal.
      6. The Office of the Title IX Coordinator shall review each appeal on a case-by-case basis and shall render a decision within fifteen (15) working days of receiving the appeal and contact the Handler in writing with the final decision.

Related Documents

Statutes:     

  • ADA, Title II and III
  • HUD -FHAct, Section 504

Regulations: None

SUNY Policies: None

University Policies, Guidelines and Procedures:

Other: None