Service Animal Policy
These restrictions will be modified to allow equal access for individuals with disabilities who require use of a service animal. Service animals are welcome in all buildings on campus and may attend classes, meetings or events along with any person with a disability, including members of the general public except in situations where safety may be compromised or where the service animal may interfere with the fundamental nature of the activities being conducted.
General Information Regarding Service Animals
Service animals perform some of the functions and tasks that an individual with a disability cannot perform for him/herself. "Service animal" is defined in Title III of the ADA regulations (28 C.F.R. § 36.104) as follows:
A service animal means any guide dog, signal dog, or other animal individually trained to work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
If an animal meets this definition, it is considered a service animal under the ADA, even if it has not been licensed or certified by a state or local government, or by a private agency. It is Barry University's policy to permit service animals on campus for those individuals who are disabled or who indicate that the animal with them provides a specific service.
The person a service animal assists is referred to as a partner. The partner's disability may not be visible. If you are not sure whether an animal is a pet or a service animal, you may ask if the animal is a pet. This is noncontroversial and permits the person to identify the animal in a dignified manner. You may exercise your judgment concerning whether a person's statements about the training and functions of the animal make it reasonable to think that the animal is a service animal. Although you may ask the person how the animal is assisting him or her, you may not require a person to tell you details about his or her disability. Questions of a personal nature should be avoided.
A service dog can be any breed or size, and a service animal may not be a dog. It might wear specialized equipment such as a backpack, harness, or special collar or leash, but this is not a legal requirement.
The following are requirements of service animals and their partners:
- To be qualified to utilize a service animal for on-going classes, services or programs at Barry University the student/partner needs to register with the Office of Disability Services and supply appropriate documentation of disability. Guests and visitors who are temporarily on campus are not required to provide documentation; the Department of Justice has indicated that an individual who is visiting for a short period of time is not realistically expected to have documentation available. Students/partners, however, are expected to follow the same procedures that are required of any student seeking accommodations or modifications due to disability.
- The animal cannot pose a direct threat to the health and safety of persons on the college campus.
- Local ordinances regarding animals apply to service animals, including requirements for immunization, licensing, noise, restraint, at-large animals and dangerous animals. Dogs must wear a license tag and a current rabies vaccination tag.
- The partner must be in full control of the animal at all times, including use of a leash, as appropriate for the disability. The care and supervision of a service animal is solely the responsibility of its partner. The animal must be maintained and used at all times in ways that do not create safety hazards for other people.
- The partner is responsible for cleaning up the animal's feces. The partner should always carry equipment and bags sufficient to clean up and properly dispose of the animal's feces. Partners who are not physically able to pick up and dispose of feces are responsible for making all necessary arrangements for assistance. Barry University is not responsible for these services.
- If the partner of the service animal is not able to comply with the above guidelines, the University reserves the right to suggest alternative arrangements in order to maintain the health and safety of others.
Faculty, staff, and students should know the following about service animals
- Faculty will be notified of the need for a service animal and their partner in their classes whenever possible. Questions should be directed to Disability Services.
- Allow a service animal to accompany the partner at all times and everywhere on campus, except where service animals are specifically prohibited. The courts have upheld the rights of service animal owners to take service animals into food service locations.
- Do not pet a service animal without first asking permission; touching the animal might distract it from its work.
- Speak first to the partner.
- Do not deliberately startle a service animal.
- Do not feed a service animal.
- Do not separate or attempt to separate a partner from his or her service animal.
- In case of an emergency, every effort should be made to keep the animal with its partner. However, the first effort should be toward the partner; this may necessitate leaving an animal behind in certain emergency situations.
For additional information regarding procedures for disability services, access on campus, reasonable accommodations or academic adjustments, please refer to:
This policy was developed with guidance from the Department of Justice and adapted with permission from Western State College and Concordia University.