1. Emotional Support Animals on Campus and the Law
Presented By:
Christine Helwick, Esq.
Hirschfeld & Kraemer
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2. HOUSEKEEPING Some things to remember:
Restrooms are outside the auditorium.
You may be photographed during the course of this event for use in Chapter publicity materials. Please alert the photographer if you do not wish to be photographed.
Look for volunteers in black shirts for assistance.

3. SERVICE ANIMALS Always a dog (might be a miniature horse)
Trained to perform a service
Used by both employees and students

4. CAN PERFORM A BROAD RANGE OF SERVICE
Low Vision Hearing Loss Calm Anxiety Retrieve Items (e.g, phone) Pull a Wheelchair Assist during a seizure Assist with Balance Interrupt impulsive behavior Alert to Allergens Remind to take medication Awaken Interrupt repetitive behavior Assist with depression Assist with PTSD symptoms Alert re blood sugar level

5. YOU MAY ONLY ASK: Is the service dog required because of a disability?
What work or task is the service dog trained to perform?
Where the disability is obvious (e.g., blindness), it is not permissible to ask even these questions

6. YOU MAY NOT ASK: Nature or extent of disability?
Has the service dog been trained?
Is the service dog certified or licensed as a service dog?

7. SERVICE DOG RULES
Cannot be restricted from any location on campus that is open to the public
Cannot be required to wear a special identifying vest or patch
Cannot be required to be muzzled or crated
Cannot be charged any special fees (e.g., insurance)
* * *
Can be required to be on a leash or a tether
Can be required to evidence current vaccinations
Can be any breed of dog

8. ASSISTANCE ANIMALS Emotional support animals Social or therapy
Companion animals
Comfort animals

9. Assistance animals are NOT available to employees!!
NOT FOR EMPLOYEES
Assistance animals are NOT available to employees!!

10. WHY?
Concept originated under the Fair Housing Act, as a form of accommodation for disabilities in housing
These are untrained animals that provide companionship, relieve loneliness, help with depression, anxiety and certain phobias and are used to improve physical, social, emotional and cognitive functioning
They do not necessarily help with tasks of daily living, nor need to be with their handlers at all times

11. ASSISTANCE ANIMALS CAN BE ANY ANIMAL
They can be dogs, cats, monkeys, rabbits, hamsters, snakes, pigs, turtles, birds, reptiles, spiders, mice . . .
They can also be service dogs

12. ASSISTANCE ANIMALS CANNOT BE:
Endangered, wild, poisonous, venomous or extremely dangerous animals that are prohibited by law
Taken outside of housing
Rules in the common areas of housing are unclear

13. YOU MAY ASK: The nature of the student’s disability (unless obvious)
For documentation of the disability-related need for the particular assistance animal
A letter on official letterhead from a therapist, psychologist, psychiatrist, or social worker, stating the student is under their care, has a disability, and that the animal has been prescribed to alleviate symptoms of the student’s condition
Current evidence of required vaccinations

14. YOU MAY NOT ASK:
For proof the animal has been certified, trained or licensed as an assistance animal
For a demonstration of how the animal provides the assistance required
For a special deposit or insurance

15. SO WHY DO WE GET SO CONFUSED?
Service dogs and assistance animals are both a special form of accommodation for disability
As the scope of services provided by service dogs has widened, the line between the two has become murky
For service dogs, the interactive process is abbreviated
For assistance animals, the interactive process is specialized

16. HOW TO DISTINGUISH:
Service dogs are trained, and can be an accommodation for both students and employees
Assistance animals are untrained, and are an accommodation only for students in housing

17. BUT REMEMBER . . .
Any request for an animal to accommodate a disability that does not fit into these categories – e.g., from a student outside of housing, or an employee in the workplace – still needs to be considered as an ordinary disability accommodation request and evaluated with an interactive dialogue
May consider alternatives
to the animal
Can evaluate whether the
animal is a “reasonable”
accommodation

18. THAT MEANS . . .
You won’t react to every request for an animal in the same way:
You must distinguish whether the request is an appropriate service dog or assistance animal request
You must determine if the request is supported by the necessary information
You must only ask the appropriate questions
***If the request does not fit into either the service dog or assistance animal categories, you must also consider it as an ordinary disability accommodation request that calls for an interactive dialogue

19. RULES FOR ALL CAMPUS ANIMALS
Their handlers are responsible for their care and supervision at all times
They are exempt for campus “no pet” restrictions
They cannot be charged extra fees
They must provide evidence of being current with all vaccinations
They must be housebroken
They are subject to removal if they pose a health or safety risk to others, or are not appropriately controlled by their handlers

20. A FINAL CONSIDERATION
Competing disabilities need to be worked out on an individual basis
Automatic separation of the student or employee with an animal is not appropriate

21. POTENTIAL ACCOMMODATIONS FOR BOTH
Separation Altered Scheduling Work at home Filters and air purifiers Intensify cleaning Dander control on animal Breaks for medication Keep-out signs Enclosing spaces Avoiding face-to-face communication

22. QUESTIONS?