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A. Responsibilities of the Service/Emotional Support Animal Owner/Handler

1. Registration

a. Service Animals

Students and employees are not required to register Service Animals. However, they are encouraged to notify the Office of Accessibility Services (students) or the Human Resources Office (employees) if they intend to use a Service Animal on campus so that appropriate College officials are aware of the animal’s presence and to assist with the Service Animal’s access to areas within the College’s campus. Visitors with Service Animals are not required to register their animals.

b. Emotional Support Animals

Students or college employees who wish to have an Emotional Support Animal on campus must first bring appropriate documentation from a physician or mental health professional to support having an Emotional Support Animal as a result of their disability, to the Office of Accessibility Services (students) or the Human Resources Office (employees) to determine if their Emotional Support Animal is allowed on campus.

c. This determination will be made on a case-by-case basis (see Section B.2). If the Emotional Support Animal is accepted on campus, the student or employee must register the animal with the Office of Accessibility Services (students) or the Human Resources Office (employees) and follow the accommodations given by the appropriate staff person.

1. Identification

It is recommended but not required, that animals for individuals with disabilities wear some type of commonly recognized symbol indicating the animal is a working animal. A Service Animal-in-Training must wear a collar and leash, harness, or cape that identifies the animal as a Service Animal-in-Training.

1. Care and Supervision

a. The care and supervision of a Service/Emotional Support Animal/Service Animal- in-Training is the responsibility of the animal’s owner and/or handler. The handler must ensure the animal is in good health and has been inoculated and licensed in accordance with local regulations with the burden of proving licensure and inoculation on the person with a disability. Dogs must wear a rabies tag at all times. The Office of Accessibility Services (students) or the Human Resources Office (employees) will review the expectations of this policy/procedure with the handler and/or owner at the time of registration.

b. The Service/Emotional Support Animal/Service Animal-in-Training must be under the control of the handler at all times and may not be left alone. A Service/Emotional Support Animal must be restrained by a leash or other appropriate device that does not exceed six (6) feet in length. In situations where a leash or other device interferes with a Service Animal’s ability to perform its task or service, the Service Animal must remain under the control of the handler at all times.

c. The owner and/or handler of the Service/Emotional Support Animal/Service Animal-in-Training is responsible for any damage of personal property or any injuries to an individual caused by the Service/Emotional Support Animal/Service Animal-in-Training.

d. The owner and/or handler must ensure the animal is “housebroken” and trained and must clean up and remove all animal waste created by the animal.

e. The Service/Emotional Support Animal/Service Animal-in-Training may not disrupt the operation of the College or any class.

B. Responsibilities of the College Community

1. Service Animals

If the need for a Service Animal is obvious, College officials may not question the presence of the animal on campus. If the need for a Service Animal is not obvious, College officials are permitted to ask the handler two questions:

a. Is the animal required because of a disability?

b. What work or task(s) has the animal been individually trained to perform?

At no time may a College official require a Service Animal to demonstrate the tasks for which they have been trained nor may then inquire as to the nature of the individual’s disability.

If another person on campus has a covered disability under the Americans with Disabilities Act and it includes an allergic reaction to animals and that person has contact with a Service Animal, a request for accommodation should be made by the individual to the Office of Accessibility Services (students) or the Human Resources Office (employees). All facts surrounding the concern will be considered in an effort to resolve the concern and provide reasonable accommodation for both individuals.

1. Emotional Support Animals

The determination of whether a student or employee with a disability is allowed to have an Emotional Support Animal on campus shall be made on a case-by-case basis. Students and employees may request, as a reasonable accommodation for a disability, the need to have an Emotional Support Animal on campus. The College is not required to grant reasonable accommodations that would result in a fundamental alternation of a program or would constitute an undue burden. Any requests for a reasonable accommodation for an Emotional Support Animal shall be directed to the Office of Accessibility Services (students) or the Human Resources Office (employees).

In determining a request for accommodation for an Emotional Support Animal, the consideration is: 1) does the person have a disability (i.e., physical or mental impairment that substantially limits on or more major life activities); 2) does the Emotional Support Animal perform tasks or services for the benefit of the person or provide emotional support that alleviates one or more of the identified symptoms or effects of the person’s existing disability; and 3) is the request an undue burden on the College or does it fundamentally alter a College program.

Is the Emotional Support Animal deem unacceptable per the College’s insuring entity? Unacceptable animals include: guard dogs, dogs displaying vicious tendencies or with previous dog bit incidents as evidenced on the application/questionnaire or by the observations of the insurer’s Risk Management or agent.

C. Removal of Service/Emotional Support Animals/Service Animals-in-

Training/Pets/Domestic Animals

The College has the authority to remove a Service/Emotional Support Animal/Service Animals-in-Training/Pets/Domestic Animals from its facilities or properties if the animal becomes unruly or disruptive, unclean and/or unhealthy, and to the extent that the animals behavior or condition poses a direct threat to the health or safety of others or otherwise cause a fundamental alteration in the College’s services, programs, or activities.

It is a Class 3 misdemeanor “to disguise an animal as a service animal or service animal in training”. NCGS 168-4.5. In other words, it is a crime under North Carolina law to attempt to obtain access for an animal under the false pretense that it is a Service Animal.

Additionally, any employee or student who violates any portion of this procedure is subject to disciplinary action.