Adelphi University Service Animal Policy

Policy Statement

Adelphi University recognizes that service animals provide individuals with disabilities enhanced autonomy and independence. Adelphi University complies with the federal Americans with Disabilities Act, 42 U.S. Code § 12101 et seq. (“ADA”), the New York State Human Rights Law, New York State Civil Rights Law, and other applicable laws and regulations in allowing and welcoming service animals on its properties.

Set forth below are specific requirements and guidelines concerning the appropriate use of and protocols associated with service animals.

Adelphi University reserves the right to amend this policy in its sole discretion as circumstances require.

Reason for Policy

This document sets forth Adelphi University’s policy on service animals. ¹

¹ This policy applies to service animals, not “emotional support” or “assistance” animals.  The Fair Housing Act (“FHA”) (42 U.S.C. § 3601 et seq.) and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C § 794) use the term “assistance” animal. An assistance animal can be a cat, dog or other type of companion animal, and does not need to be trained to perform a service. An assistance animal is only permitted, with explicit written permission, in an individual’s unit of Adelphi University housing and cannot be brought to other indoor Adelphi University-controlled spaces (i.e., dining halls, classrooms). Students must have authorization from the Student Access Office prior to bringing their assistance animal to campus. This policy also does not apply to animals owned by Adelphi University or animals used/provided for laboratory experiments.

Who is Governed by This Policy

This policy applies to all individuals (employees, students, guests, etc.) on Adelphi University controlled property, regardless of whether it is leased or owned.

Students with service animals are not required to register the service animal with the Student Access Office. Registration of the service animal with the Student Access Office is, however, highly recommended to ensure the service animal is appropriately welcomed throughout campus. Students who plan to live in on-campus housing must notify the Office of Residential Life and Housing of the planned presence of their service animal so appropriate accommodations can be made.

It is strongly recommended, but not required, that employees who plan to bring their service animal to work contact the Office of Human Resources to ensure the service animal is appropriately welcomed throughout campus.

Guests do not have to notify Adelphi University in advance of bringing their service animal to campus.

Students, employees, and guests are henceforth referred to in this policy as “handlers.” All handlers are expected to follow the policy as set forth below.

Policy

Adelphi University complies with the federal ADA, the New York State Human Rights Law, New York State Civil Rights Law, and other applicable laws and/or regulations in allowing and welcoming service animals on its properties.

Generally, service animals are permitted, and required, to accompany their handler at all times while on Adelphi University property. Adelphi University may, where legally permitted and appropriate, add restrictions to the use service of animals in certain locations and/or under certain circumstances for health and safety reasons (e.g., service animals entering laboratories must wear personal protective equipment (“PPE”) to protect the service animal and prevent exposure to chemicals, broken glass, or other hazards that might be present in the laboratory environment). Restricted areas may include, but are not limited to: custodial closets, boiler rooms, facility equipment rooms, research laboratories, classrooms with research/demonstration animals, wood and metal shops, motor pools, rooms with heavy machinery, and/or other areas outlined in Federal, New York State, or local law as being unsafe or inaccessible to animals. Service Animals may be granted access to restricted areas on a case-by-case basis by contacting the Student Access Office and/or the Office of Human Resources.

Allergies and/or fear of dogs are not valid reasons for denying access or refusing service to individuals using service animals. Individuals with medical conditions that are affected by animals (e.g., respiratory diseases, asthma) should contact the Student Access Office and/or the Office of Human Resources, as appropriate if they have a health or safety related concern about exposure to a service animal. Adelphi University will consider the needs of both individuals in meeting its obligations to reasonably accommodate all disabilities.

Animal abuse of any kind will not, under any circumstances, be tolerated by Adelphi University. Allegations of animal abuse will be thoroughly investigated by Adelphi University and, where appropriate, reported to local law enforcement.

New York State law prohibits any individual from misrepresenting an animal as a service animal. Allegations of fraudulent service animals will be thoroughly investigated by Adelphi University and, where appropriate, reported to local law enforcement.

Breed and Size

The ADA does not restrict the type of dog breeds that can be service animals. A service animal will not be excluded based on assumptions and/or stereotypes about the animal’s breed or how the animal might behave.

Per ADA regulations, miniature horses are subject to weight and size restrictions. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, the University will consider: (i) the type, size, and weight of the miniature horse (generally, miniature horses range in height from 24 inches to 34 inches measured to the withers, or shoulders, and weigh between 70 and 100 pounds) and whether the facility can accommodate these features; (ii) whether the handler has sufficient control of the miniature horse; (iii) whether the miniature horse is housebroken; and (iv) whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

Identification Harness, Collar, or Tags

A service animal is not legally required to have a special harness/collar, carry documentation of training, or wear identification tags, however, the University recommends that the service animal wear some form of identification to inform others that the service animal should not be disturbed (i.e., petted without permission, distracted, or given treats).

The service animal must be under the handler’s control at all times via a leash or tether, or verbal/signal commands if such devices interfere with its work or are not possible due to the individual’s disability.

Inquiries Regarding Service Animals

Adelphi University will not ask about the nature or extent of an individual’s disability and will not, unless permitted under limited circumstances by law, demand proof that the animal is certified or trained as a service animal.

Adelphi University may not make any inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

In accordance with the ADA, when it is not obvious what service the animal provides, Adelphi University may only make two inquiries to determine whether an animal qualifies as a service animal: (i) is the dog a service animal required because of a disability? and (ii) what work or task has the dog been trained to perform.

For Employees: It is strongly recommended, but not required, that employees who plan to bring their service animal to work contact the Office of Human Resources to ensure the service animal is appropriately welcomed throughout campus.

Responsibilities of Handlers

The handler must be with the service animal at all times while on Adelphi University property. Service animals may not be left overnight in Adelphi University housing to be cared for any individual other than the handler. The service animal must be controlled by the handler at all times.

The handler is responsible for ensuring that the service animal does not unduly interfere with the routine activities and operations of Adelphi University. Generally, the handler must ensure that the service animal does not (i) actively seek the attention of other people; (ii) inappropriately sniff people, dining tables, food service bars, or the personal belongings of others; or (iii) block an aisle or passageway for emergency or fire egress.

Excessive noises and behaviors such as barking and whining, chewing, and scratching and aggression will not be permitted, unless such behavior is part of the service animal’s training (i.e., the dog will excessively bark to alert to a handler’s seizure).

The service animal must be in good health. The handler is responsible for the overall health and well-being of the service animal. Adelphi University, under no circumstances, is responsible to provide veterinary care to a service animal. Adelphi University is also not responsible for providing food for the service animal.

The handler is financially responsible for the actions of the service animal, including any bodily injury or property damage caused by the service animal. It is the owner’s responsibility to cover the costs of injury, replacing furniture, carpets, etc. at the time of damage. Adelphi University will not, in any way, be financially responsible for bodily injury or property damage caused by a service animal.

For health and safety purposes, animal waste must be addressed immediately. Cleaning up after the service animal is the sole responsibility of the handler. In the event that the handler is not physically able to clean up after the service animal, it is then the responsibility of the handler to hire someone capable of cleaning up after the service animal. Service animal waste cleanup includes the use of appropriate waste cleanup equipment (i.e., plastic bags, paper towels) and properly disposing of the waste in an appropriate container. An appropriate container is an outdoor receptacle or dumpster.

Removal of Service Animals

Adelphi University may require the owner to remove the service animal from Adelphi University property if:

• The service animal is out of control and the handler does not/cannot take effective action to control it;
• The service animal poses a direct threat to the health and safety of individuals;
• The service animal is not housebroken; or
• The handler does not comply with the handler’s responsibilities set forth above.

Repeated instances of inappropriate behavior by the service animal (i.e., biting, growling, inappropriate barking) may result in a determination that the service animal is no longer allowed on Adelphi University property.

Definitions

The ADA defines a person with a disability as any individual with a physical or mental impairment that substantially limits one or more major life activities.

A handler is an individual with a disability that a service animal assists or a personal care attendant who handles the animal for a person with a disability.

A service animal is any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, (i) assisting individuals who are blind or have low vision with navigation and other tasks; (ii) alerting individuals who are deaf or hard of hearing to the presence of people or sounds; (iii) providing non-violent protection or rescue work, pulling a wheelchair; (iv) assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone; (v) providing physical support and assistance with balance and stability to individuals with mobility disabilities; and (vi) helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. *In 2010, the U.S. Department of Justice published final regulations to Title I and Title II of the ADA to include “miniature horses” as service animals. Service animals are working animals, not pets.

Pets are any animals that have not been individually trained to provide a disability-related service.

A major life activity includes but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This definition also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Adelphi University property includes land and buildings owned, leased, and/or controlled by Adelphi University, including any satellite campuses.

Title I of the ADA requires employers to provide reasonable accommodations for applicants and employees with disabilities and prohibits discrimination on the basis of disability in all aspects of employment.

Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities.

Title III of the ADA prohibits discrimination on the basis of disability in the activities of places of public accommodation.

Procedures

This policy does not have procedures associated with it at this time. This policy will be amended and/or supplemented as needed, in Adelphi University’s sole discretion.

Forms

This policy does not have forms associated with it at this time. This policy will be amended and/or supplemented as needed, in Adelphi University’s sole discretion.

Related Information

This policy relates to the federal Americans with Disabilities Act, the New York State Human Rights Law, New York State Civil Rights Law, and other applicable laws and regulations regarding service animals.

This policy will be amended and/or supplemented as needed, in Adelphi University’s sole discretion.

Document History

• Policy Origination Date: 8/3/23
• Last Revised Date: 1/23/24
• Policy Reviewed by: Policy Owner and Policy Expert – Substantive Changes
• Last Approval Date: 03/13/24

Who Approved this Policy

Executive Leadership