Policy No. 1:30:00:00

Cleveland State Community College Cleveland, Tennessee

Subject: Animals on Campus

Purpose

To establish requirements for accessibility, behavior and treatment of animals on campus.

Part 1 Institution Policy Statement

This policy applies to animals on Cleveland State Community College (CLSCC) campuses including service animals on CLSCC property. This policy does not apply to 1) animals used for college-related instructional and/or demonstrational purposes 2) fish appropriately maintained in aquariums 3) detection animals assisting authorities.

Part 2 Service Animals

It is the policy of CLSCC to provide equal opportunity to disabled individuals to obtain employment, education, services and to provide a safe environment for all students, employees, guests and visitors to the college. Conditions regarding service animals on campus shall be enforced and shall apply to all members of the campus community as well as all individuals using the campus grounds or buildings at all CLSCC campus locations.

Non-discrimination

No employee, agent, representative, student, or other person affiliated with Cleveland State Community College shall discriminate against an individual because of the use of a service animal in conformance with the requirements of this policy. No disabled person shall be prevented from entering, remaining, or using facilities of the college because of the use of a service animal, unless such use is not in conformance of the requirements of this policy. Job applicants and employees of Cleveland State shall not be discriminated against in any aspect of employment because of an individual’s use of a service animal in conformance with this policy. Allowing the use of a service animal shall be a reasonable accommodation for employees and prospective employees so long as the individual is otherwise qualified and can perform the essential functions of the job.

Part 3 Definition of Service Animal

Only service dogs and trained miniature horses are recognized as service animals under the Americans with Disabilities Act (ADA). A service animal is individually trained to do work or perform tasks for a person with a disability. Generally, Title II and Title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go. Service animals are working animals, not pets. The work or task a service animal has been trained to provide must be directly related to the person’s disability. An animal whose sole function is to provide comfort or emotional support does not qualify as a service animal under the ADA.

Part 4 Permitted Use of Service Animals

Cleveland State Community College allows service animals in all classrooms, offices, hallways, eating areas, theatre, auditorium, gymnasium, sports areas, restrooms and other sites on any campus subject to the conditions stated below:

  1. The service animal is in a harness or kept on a leash. However, service animals kept in good control by a disabled employee need not be in a harness or on a leash at the employee’s own work station. Other exceptions to this policy are made on a case by case basis.
  2. The service animal is adequately controlled so as to present no undue noise or disruption to others.
  3. The service animal is healthy and creates no danger of infection, transmission of disease, or other health problems to people. The animal must be immunized against diseases, and all vaccinations must be current.
  4. The service animal must be housebroken. The owner/keeper must collect and properly dispose of waste in outdoor trash receptacles.
  5. The service animal must be properly groomed and be free of fleas and other similar conditions.
  6. CLSCC employees, students, or agents assume no responsibility for controlling, keeping, feeding, or otherwise caring for any service animal.
  7. CLSCC and its employees assume no legal responsibilities for any damage or injury caused by a service animal. Owners of service animals are solely responsible for any damage to persons or college property caused by their service animals.

Part 5 Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals

When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the service animal required because of a disability, and (2) what work or task has the animal been trained to perform. Staff cannot ask about a person’s disability, require medical documentation, require a special identification card or training documentation for the animal, or ask that the animal demonstrate its ability to perform the work or task. A person with a disability cannot be asked to remove his service animal from the premises unless:

(1) the dog or miniature horse is out of control and the handler does not take effective action to control it, (2) the dog or miniature horse is not housebroken, or the service animal is otherwise non-compliant with regard to one (1) of the other criteria set forth above in Section IV of this policy. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.

Part 6 Other (Non-Service) Animals on Campus

  1. Dogs on leashes are allowed outside on campus grounds, but must be attended to at all times. Dogs may not be left tied or tethered to any college property, including but not limited to: buildings, railings, bike racks, fire hydrants, fences, sign posts, benches or trees. Unattended dogs not on leashes or otherwise restrained will be subject to removal. Reports of unattended animals should be directed to the Campus Police, which will contact the appropriate county agency. Individuals wishing to bring other animals other than dogs on leashes are prohibited.
  2. Wild or exotic animals/pets are prohibited on campus except by special permission from the Office of Finance and Advancement and if necessary the Tennessee Wildlife Resources Agency or other state/federal authority.
  3. Animals used for college-related instructional and/or demonstrational purposes must be approved by the Office of Finance and Advancement.

Part 7 Failure to Comply

  1. Individuals (students, employees, visitors/guests) who bring non-service or other non-exempt animals into campus buildings will be asked to remove them. Repeated violations may result in disciplinary action.
  2. Individuals (students, employees, visitors/guests) who bring non-service or other non-exempt animals onto outdoor areas of campus will be asked to remove them if they are non-compliant with the provisions of this policy. (See Section IV above). Repeated violations may result in disciplinary action.
  3. If a service animal’s behavior is disruptive and/or destructive, the owner/user shall be asked to remove the animal or take other action to end the disruption or destruction of property. Repeated violations may result in disciplinary action.
  4. Unattended or unrestrained animals will be removed from campus property by a local animal control service.
  5. Damage to property that is a direct result of an animal brought to campus will be the sole responsibility of the individual in whose care the animal was brought to campus.

Part 8 Contacts/Procedures

  1. Student Assistance: Students with questions about this policy should contact the CLSCC Disability Services Office at the Cleveland Campus, (423) 473-2427. Students may request CLSCC Disabilities Services to record use of a service animal on the student’s Accommodation Plan, which is distributed to Campus Police and the student’s instructor by e-mail each semester.
  2. Employee Assistance: Faculty or Staff with questions about this policy should consult the Human Resources/Affirmation Action Officer at (423) 478-6205.
  3. Visitors/Guests who have service animals may contact the CLSCC Police Department at (423) 618-1720 before visiting a campus.

Approved by President’s Cabinet: December 6, 2017