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From the DSSHE-L Archives:
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Training/Documentation for Assistance Animals

We have a new student enrolling in the fall who is a wheelchair user and has CP. He also has an assistance dog he will bring with him to school. We have a policy that states students may bring thier assistance animals to campus but they must be trained by a reputable organization. We hve worked very hard with faculty and staff on this issue and have most people "trained" that they are not to pet or play with the dogs when they are "working." Most of our students keep their dogs in a harness when they are working and this has sort of become the cue for people to know if the dog is allowed to play or not.

Now, my new student does not use a harness with his dog but keeps him on a leash. It really gives the impression that he is bringing his pet to class and I fear there will be repercussions in the fall. Does anyone state in their policies that the service animal must be in a harness? I haven't had any problems with campus faculty or students when the animal is in a harness. Any suggestions?

Karen R. Pettus
Director
Office of Disability Services
University of South Carolina
Room 106 LeConte College
Columbia, SC 29208
(803)777-6742
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First and foremost, you cannot require that the dog be only from reputable organizations. The ADA clearly states that the dog must be speciallly trained to assist it's disabled partner, but it does not state that only formal programs can do this. In fact, privately trained dogs have just as much right for access as a dog trained by a school. Yes, this does muddy the waters and make it hard to distinguish, but the fact still remains that the ADA supports dogs who are specifically trained for to aide someone with a disability, that's it.

As for a harness, most people find that some sort of harness or jacket does assist in reducing the doubts about their dogs being "official" service dogs. No ID cards can be required. No coats no harnesses can be required. However, most find these things helpful to have.

So, yes it makes the job of discerning an actual service dog from a pet harder. Most of that burden will be borne by the student who will probably spend much time educating others that his dog is "on-duty" and is a real service dog. I think you can talk to the student *suggesting* that it might be a good idea to get some sort of coat made up or get a harness to help portray that "working" image, but you cannot require it.

Here is the FAQ sheet I've mentioned before. It's posted many places on the web. This copy is from the Guide Dogs for the Blind page

Frequently asked questions about service animals in places of business.

Q: What are the laws that apply to my business?
A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.

Q: What is a service animal?
A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.
Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:
Alerting persons with hearing impairments to sounds.
Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.
Assisting persons with mobility impairments with balance.

Q: How can I tell if an animal is really a service animal and not just a pet?
A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.

Q: What must I do when an individual with a service animal comes to my business?
A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.

Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals?
A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.

Q: My county health department has told me that only a seeing eye or guide dog has to be admitted. If I follow those regulations, am I violating the ADA?
A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.

Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?
A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.

Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?
A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.

Q: Am I responsible for the animal while the person with a disability is in my business?
A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.

Q: What if a service animal barks or growls at other people, orotherwise acts out of control?
A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually. Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.

Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?
A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal -- that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.

If you have further questions about service animals or other
requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or (800) 514-0383 (TDD).
Prepared by:
Deval L. Patrick
Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
and
Scott Harshbarger
Attorney General
State of Massachusetts
President, National Association of Attorneys General
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You are on thin ice here - a service animal may be trained by its owner. What your policy should state is the animal must be well trained and must perform a service for the person that the person is unable to perform (or would have significant difficulty in performing).

Harnesses are not required by ADA; they may be required by state law. However, if you attempt to force the state law on a student from another state, you may be placing an onerous problem on the student. Some dogs have problems working in harness. For example, a long haired dog bred for winter outdoor weather can get overheated by wearing a harness. The harness pushes the hair against the body and forms a warmer coat than the dog would have without the harness. Similarly, the capes worn by some assistance dogs will be detrimental to some breeds.

Making faculty and staff aware that this is a working dog is your first step. You can suggest to the student that he get a "don't pet" logo (from Wolf? you can view them at http://www.familyvillage.wisc.edu/ go to library, general, service animals, and I think it's under more information); and place the logo where others will see it (I've seen it placed on the back of a wheelchair; you can get it as a decal). I would not require this, but it is one way that you can make a service dog visible.

You can also contact the International Association of Assistance Dog Partners (IAADP) and requiest a service dog brochure. You keep the master, give copies to the student. If the student has a good, clear picture of himself with his dog, that picture can be used instead of one that is on the brochure. He can then hand out the brochure to those who question the status of the dog. This brochure and process was developed by people with disabilities who use service dogs. Write to IAADP at P.O. Box 1326, Sterling Heights, MI 48311. This organization is totally run by volunteers, so it may be some time before your request is honored.

Suggest you also look at our policy on service animals; it lists a lot of resources. It's at http://www.wisc.edu and is found under policies, Disability, ADA policies.

Marcia
Marcia Carlson, O.P.L.
Facilities Access
University of Wisconsin - Madison
9th floor WARF Building
610 Walnut Street
Madison, WI 53705
mcarlso3@facstaff.wisc.edu
608/262-8419 voice
608/265-5147 TTY
608/265-3139 fax

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NOTE:
Thread began May 9, 1998
Original post appeared under the heading "Assitance Animals"
Subsequent posts appeared under the heading "Re: Assistance Animals"

(This thread was culled from the archives by Jane Jarrow, DAIS,
JaneJarrow@aol.com)

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