Board of Regents Policy Animals on Campus Policy

Service Animals are generally permitted to accompany their Handlers at all times and all places throughout CSCU campuses where students, members of the public and other participants in services, programs or activities are permitted to go. Service Animals may also reside in campus housing.

Students with disabilities accompanied by a Service Animal are encouraged to contact Disability Services or its equivalent in advance of beginning classes. Such courtesy notification allows Disability Services or its equivalent to make appropriate arrangements, offer any necessary assistance prior to the Handler’s arrival on campus, and to notify the campus law enforcement or security personnel office of the animal’s presence in case of an emergency.

However, CSCU or its constituent units may prohibit the use of Service Animals in Controlled or Restricted Spaces due to health or safety restrictions, or when required by federal regulations or other applicable law. Restricted spaces may include, but are not limited to:

• food preparation areas;

• custodial closets, boiler rooms, and facility equipment rooms;

• biologically sensitive or hazardous research laboratories;

• classrooms that contain research animals;

• motor pools, rooms with heavy machinery, wood and metal shops;

• areas that require protective gear or clothing; or

• any other areas outlined in federal, state or local laws as inaccessible to animals.

Prior to excluding a Service Animal from a particular space, CSCU and its constituent units must engage in an individualized analysis to determine whether significant risk exists and whether modifications to its practices would mitigate such risk and enable the individual with a disability to use the Service Animal.

If the individualized analysis determines that the Service Animal poses a health or safety risk, CSCU and its constituent units must ensure the individual with a disability has an opportunity to participate in the program or activity without the Service Animal.

Trainers are entitled to enter areas open to the public with a Service Animal in Training. However, Trainers with Service Animals in Training are not permitted in classrooms, campus housing, workplace, or other Controlled or Restricted Spaces.

Generally, approved ESAs are not permitted in any CSU Controlled Space (e.g. libraries, dining halls, classrooms, academic buildings, labs, etc.) other than the assigned living accommodations within campus housing to which the Handler is assigned, except to the extent the Handler takes the ESA out for natural relief.

However, Disabilities Services or its equivalent on all CSCU campuses may consider requests for ESAs to accompany Handlers within non-campus housing Controlled Spaces, provided that, such requests are reviewed and approved through the reasonable accommodation process consistent with this policy and applicable laws.

Approved Service Animals or ESAs assisting or supporting employees may be permitted within the individual’s workplace as an accommodation or a modification for a disability, but must be reviewed and approved by the Office of Diversity and Inclusion, or the Human Resources Department, as applicable, consistent with applicable laws and CSCU policies.

Except for fish in 20-gallon or smaller tanks, pets are not permitted in or on any Controlled or Restricted Spaces on CSCU property.

Faculty, staff and other students may not request documentation, such as proof that the Service Animal has been certified, trained, or licensed as a Service Animal. When the need for the Service Animal is obvious, specific questions about the Handler’s disability are not permitted. When the individual’s disability or the Service Animal’s task or work is not obvious, only Authorized Staff (Disability Services or its equivalent, including ADA/Section 504 Coordinators, Residence Life, Campus Law Enforcement or Security Personnel, Facilities Management, or Faculty) may make the following limited inquiry:

• Is the Service Animal required because of a disability?

• What work or task has the Service Animal been trained to perform to assist you with your disability?

An affirmative answer to the first question and a reasonable description in response to the second ends the permissible inquiry. However, if the Service Animal exhibits behavior inconsistent with a trained Service Animal, or the Handler fails to maintain control of the Service Animal, Authorized Staff should report the incident(s) to Disability Services or its equivalent, who may revisit the question of whether the animal is a Service Animal.

Faculty, staff and other students may not:

• Pet, touch or feed Service Animals or ESAs without the Handler’s permission;

• Ask the Handler to make the Service Animal perform the work or task;

• Deliberately startle or distract Service Animals or ESAs; or

• Separate or attempt to separate a Handler from a Service Animal or an ESA.

If an animal has injured someone or another animal, is exhibiting aggressive or disruptive behavior, is posing a direct threat to the health or safety of others, or the Handler is unable to maintain control of the animal, faculty, staff or students should contact the law enforcement or security personnel office with a general description of the animal’s concerning behavior, name of the Handler (if known), time, date, and location of the incident(s), and if circumstances require, request assistance with the removal of the animal. After filing the incident report, the faculty, staff, or student reporting the incident may also refer the incident to the campus Student Affairs Office, the Office of Diversity and Inclusion, or the Human Resources Department, as applicable.

Handlers are not required to seek permission prior to bringing a Service Animal onto CSU property where students, members of the public and other participants in services, programs or activities are permitted to go. The Handler’s use of a Service Animal must not be handled as a request for a reasonable accommodation. Rather, the animal must only meet the ADA definition of a Service Animal to be permitted in campus housing. However, if the disability is not obvious, Authorized Staff may inquire whether the Service Animal is required because of a disability, and what work or task(s) the animal has been trained to perform to assist with the Handler’s disability.

If a Handler with a disability plans to reside in campus housing, the Handler is encouraged to contact Disability Services or its equivalent and Residence Life to provide notice of the need for a Service Animal in advance of beginning residence. Such courtesy notification allows Disability Services or its equivalent and Residence Life to make appropriate arrangements, offer any necessary assistance prior to the Handler’s arrival on campus, and to notify the campus law enforcement or security personnel office of the animal’s presence in case of an emergency.

If a student needs other accommodations while attending classes, documentation of the disability and a separate request for accommodations must be made to Disability Services or its equivalent in accordance with campus ADA/Section 504 procedures.

Students who plan to reside in campus housing are responsible for identifying themselves as an individual with a disability(ies) to Disability Services or its equivalent when seeking a reasonable accommodation in campus housing.

A student must contact Disability Services or its equivalent to request an ESA accommodation under the established interactive process at each CSU campus and meet with Disability Services or its equivalent to discuss the need and the reasonableness of the ESA. This process must be completed each academic year during which the individual will be residing in campus housing. Campus housing accommodations depend on availability of space and are not guaranteed.

Each CSU campus has its own Disability Services or its equivalent and Residence Life accommodation processes. However, all CSU campuses must comply with the following general guidelines:

1. Before an ESA can move into campus housing, the student requesting an ESA accommodation must register with Disability Services or its equivalent prior to the start of the semester within the timeframe provided by each CSU campus by completing the appropriate intake form. Forms are generally available in the Disability Services or its equivalent offices and on campus websites. If the student requires assistance in completing the intake form because of disability, Disability Services or its equivalent can assist with completing the form. Disability Services or its equivalent is required to keep a record of all requests.

2. Students requesting a housing accommodation must contact Residence Life and follow the respective CSU campus housing accommodation request process within the timeframe provided by each campus.

3. Disability Services or its equivalent will evaluate the accommodation request and determine whether the presence of the ESA is necessary to assist, perform tasks or services, or provide emotional support that alleviates one or more of the identified symptoms or effects of a student’s existing disability.

4. When a student’s disability is not readily apparent or otherwise known, Disability Services or its equivalent may ask for credible information verifying the disability or disability-related need for the ESA. If a disability is known, but the need for an ESA is not readily apparent, Disability Services or its equivalent may request disability-related documentation for the ESA. In evaluating such requests, Disability Services or its equivalent should request permission from the Handler to directly contact the Licensed Medical Practitioner and obtain the necessary information. Disability Services or its equivalent may confer with Residence Life, the Counseling Center, Health Services and other individuals on or off campus, as necessary, to determine whether the requested accommodation is necessary and reasonable. However, this documentation cannot be requested when the disability and need for the animal are readily apparent.

5. A Licensed Medical Practitioner professionally qualified to make a diagnosis of the condition and familiar with the student’s disability, the necessity for the accommodation, and the nexus between the student’s disability and the therapeutic relief of one or more symptoms of the student’s disability provided by an ESA, must provide the requested information to Disability Services or its equivalent for evaluation. A Licensed Medical Practitioner’s conclusion concerning the need for a requested accommodation may be probed, or ultimately rejected by the Disability Services or its equivalent, if the Licensed Medical Practitioner’s expertise does not appear to be adequate, or the conclusion does not appear to be supported by the rationale provided. However, Disability Services or its equivalent must provide a well-documented justification for rejecting the Licensed Medical Practitioner’s expertise or conclusion(s).
   
   IMPORTANT NOTE: A significant amount of misinformation regarding ESAs exists online. ESA verification services purchased online may not be sufficiently reliable to verify an individual’s disability and the disability-related need for an ESA. Many services claiming to provide registration or certification are not legitimate as they convey no legal protections for the animal or the Handler. Individuals with questions regarding what constitutes a Licensed Medical Practitioner should contact Disability Services or its equivalent for more information.

6. Financial or Administrative Hardship or Fundamental Alteration of Campus Housing
   Based on the information provided, Disability Services or its equivalent will evaluate the housing accommodation request and determine whether the presence of the ESA is reasonable in CSU campus housing.
   
   To ensure that the presence of an ESA is not an undue financial or administrative hardship or a fundamental alteration of campus housing, each CSU campus reserves the right to assign an individual with an ESA to a room with or without a roommate, as available housing accommodations permit.
   
   Since ESAs are not required to be specifically trained to do work or perform tasks for the benefit of an individual with a disability, Disability Services or its equivalent may request the Handler to provide sufficient documentation regarding the ESA, including the ESA’s temperament and any other relevant information to determine whether the accommodation request is reasonable.
   
   Disability Services or its equivalent in consultation with Residence Life may consider the following factors, among others, in determining whether the presence of the animal is reasonable in the making of campus housing assignments:

   1. The size of the animal is too large for available assigned housing space;

   2. The animal’s presence would force another student from campus housing (e.g. serious medical condition);

   3. The animal’s presence otherwise violates individuals’ right to peace and quiet enjoyment;

   4. The animal is not housebroken or is unable to live with others in a reasonable manner;

   5. The animal poses or has posed in the past a direct threat to the individual or others such as aggressive behavior towards or injuring individuals or other animals; or

   6. The animal causes or has caused excessive damage to housing beyond reasonable wear and tear.

   A determination that an ESA poses a direct threat or harm to others or will behave disruptively, must be based on an individualized assessment that relies on objective evidence about the specific ESA's actual conduct. This determination cannot be based on mere speculation or fear about the types of harm or damage an animal may cause, and not on evidence about harm or damage that other animals have caused.

The Handler must provide written consent to Disability Services or its equivalent, the Office of Diversity and Inclusion, or the Human Resources Department, as applicable, to disclose information regarding the request for and presence of an ESA or a Service Animal to those individuals who may be impacted by the presence of the animal, including but not limited to, Residence Life, potential or actual roommate(s), neighbor(s) or co-workers. Such information will be limited to information related to the animal and not include information regarding the Handler’s disability.

Some individuals on campus may have severe allergic reactions or other medical conditions in response to animals that are substantial enough to qualify as a disability. When conflicting disabilities intersect, such individuals should contact Disability Services or its equivalent, the Office of Diversity and Inclusion, or the Human Resources Department, as applicable, to evaluate the needs of both individuals in meeting each campus’ obligation to reasonably accommodate all individuals with disabilities and resolve the conflict as efficiently as possible.

If conflicts arise between individuals with respect to a reasonable accommodation involving an animal and religious practices, neither the disability nor the religious practice should automatically prevail. While the ADA, Section 504 and the FHA protect individuals with disabilities, the First Amendment to the United States Constitution protects individuals in the exercise of their religions. Disability Services or its equivalent, the Office of Diversity and Inclusion, or the Human Resources Department must evaluate the needs of both individuals and find a way to accommodate both parties.

Students should contact Disability Services or its equivalent, and employees should contact the Office of Diversity and Inclusion, or the Human Resources Department, as applicable, to discuss any special circumstances or to request exceptions to this policy.

1. Fundamental Alteration or Undue Hardship
The ESA must not cause undue interference with routine CSCU activities, including campus housing, or cause an undue hardship for other students who reside in campus housing or other employees in the workplace. If the ESA’s presence results in an undue financial or administrative hardship, or fundamentally alters CSCU policies, CSCU reserves the right to remove or exclude the ESA.

2. Direct Threat to Safety, Health or Wellbeing of the CSCU Community
An ESA may be removed from CSCU property temporarily or permanently if it poses or exhibits a direct threat to the safety of others, or if it is not housebroken, or poses a threat to the health or wellbeing of the campus community due to improper or inadequate care of the ESA. If circumstances require, Authorized Staff may contact the campus law enforcement or security personnel office to engage an animal control or another animal welfare agency to remove an animal exhibiting a safety or a health threat.

3. Substantial Physical Damage or Harm to CSCU Property or the Property of Others
An ESA may be removed from campus temporarily or permanently if it has caused or would cause, based on the objective evidence about the specific ESA's actual conduct, substantial physical damage to the property of others, including any CSCU property, and it is not possible to reduce or eliminate the threat by another reasonable accommodation.

• The Animal Creates Disruptions, Unmanageable Disturbances or Interferences
  All animals on CSCU property must be under the control of the Handler at all times. If the animal or its presence creates an unmanageable disturbance or interference with the CSCU community, CSCU and its constituent units reserve the right to restrict, deny access, or remove the animal from CSCU property.

  If any animal is disruptive in the classroom, the faculty may ask the Handler and the animal to leave the classroom immediately. If a Handler’s animal is disruptive in the workplace, the Handler’s supervisor may ask the Handler and the animal to leave the workspace immediately, and the Handler must follow the workplace process for handling such disruptions in accordance with established procedures, guidance or applicable union contracts. If the animal is disruptive at a CSCU event or function, the organizer may require the Handler and the animal to leave the event or function immediately.

  When such disruptions occur, the impacted faculty, supervisor, or event or function organizer should, depending on the circumstances, contact the Disability Services or its equivalent, the Office of Diversity and Inclusion or the Human Resources Department, or campus law enforcement or security personnel to report the incident.

  If an animal is excluded, removed, or denied access to CSCU property, the Handler with a disability must be offered an opportunity to return to the service, workplace, event or function without the animal.

• The Handler Does Not Comply With Section VIII Handler’s Responsibilities
  If the Handler violates any of the Handler’s responsibilities outlined in Section VIII, such violation(s) may result in the immediate removal of the animal from CSCU property, and may be reviewed through the student conduct or appropriate employee disciplinary process, as applicable. Any violations of CSCU BOR policies are addressed in accordance with applicable policies and campus procedures.

  Handlers with concerns about restriction, access denial, or removal of their Service Animal or an ESA should contact Disability Services or its equivalent, the Office of Diversity and Inclusion, or the Human Resources Department, as applicable.