Service Animals

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Policy Number:

UW-145

Responsible Office:

Office of Compliance

University Policy

Rationale/​Purpose:

This policy ensures compliance with UW System Board of Regent Policy, the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and state law to prohibit discrimination on the basis of disability. The university must provide reasonable modifications to policies to permit the use of a service animal by an individual with a disability seeking access to or participating in the university’s activities, events, programs, services, and employment.

Definitions:

Disability

With respect to a person, a disability is a:

• physical or mental impairment that substantially limits one or more major life activities of that individual (e.g., reading, writing, walking, grasping, learning, breathing, hearing, seeing, bodily functions such as cell growth, etc.);
• a record of an individual having such an impairment; or,
• an individual being regarded as having such an impairment.

Emotional support animal (ESA)

Any animal, except restricted farm or wild animals or other animals that present a health or safety risk ascertained by an individualized review, which provides therapeutic emotional support to alleviate one or more identified symptoms or effects of a person’s disability. These animals are not service animals and are primarily approved as a reasonable accommodation for a dwelling.

Handler

Any individual with a disability using a service animal, or any individual with or without a disability actively training a service animal-in-training.

Responsible University Official

Any individual with decision-making authority for a university program, unit, or department sponsoring/organizing any university activity. 

Service animal

Any animal, except restricted farm or wild animals or other animals that present a health or safety risk ascertained by an individualized review, fully trained to do work or perform tasks for a person with a disability. These are working animals and are not pets.

Service animals-in-training

Any animal, except restricted farm or wild animals or other animals that present a health or safety risk ascertained by an individualized review, currently being trained to do work or perform tasks for the benefit of an individual with a disability. These are working animals and are not pets.

Therapy animals

Any animal, except restricted farm or wild animals or other animals that present a health or safety risk ascertained by an individualized review, which provide affection and comfort to the public, typically in facility settings such as hospitals, retirement homes, schools, or disaster sites. These animals are pets and have a temperament suitable for interacting with members of the public and enjoy doing so.

University disability authority

An employee of the university who has subject matter expertise to ensure compliance to applicable laws protecting individuals with disabilities. These employees include:

• ADA Coordinator in the Office of Compliance
• Divisional Disability Representatives (DDR) in consultation with the Employee Disability Resources (EDR) Office for employees or prospective employees
• McBurney Disability Resource Center for students, prospective students, program participants, Division of Extension program participants, and guests

Work or task

The function performed by a service animal directly related to the individual’s disability (e.g., guiding individuals who are blind, alerting individuals with hearing loss to sounds, alerting and protecting a person who is having a seizure, pulling a wheelchair, or retrieving dropped items).

Scope:

This policy applies to anyone with a disability using a service animal or to anyone training a service animal.

Policy:

1. Service Animals:
   1. Rights of access
      1. Service dogs or miniature horses are permitted:
         1. In facilities offering goods or services to the general public (e.g., the Union).
         2. In facilities not offering goods or services to the general public only where its handler has a legitimate right of access (e.g., student in academic classroom, housing resident) unless its presence interferes with legitimate safety requirements of the facility or fundamentally alters the nature or service of the activity or program.
         3. At work only when approved as an employment accommodation by a Divisional Disability Representative (DDR).
      2. All other service animals are permitted:
         1. In facilities offering goods or services to the general public (e.g., the Union).
         2. In facilities not offering goods or services to the general public (e.g., academic classroom, housing) only when approved as a reasonable accommodation by a University Disability Authority.
         3. At work only when approved as an employment accommodation by a DDR.
   2. Notification / Registration
      1. Notification or registration is not required for service animals that have permitted right of access as outlined in this policy.
         1. Individuals planning to live in university-controlled housing are encouraged, but not required, to contact University Housing or the appropriate housing resource prior to moving regarding suitable arrangements for housing their service dog or miniature horse.
         2. Students and program participants may voluntarily have their service dog or miniature horse documented as an accommodation through the McBurney Disability Resource Center.
      2. Any service animal approved by a University Disability Authority is automatically registered with the university.
   3. Control and work or task of the service animal
      1. Must be housebroken.
      2. Must always be under the control of its handler either by:
         1. Being harnessed, leashed, or tethered, or under an effective alternative means of control, such as voice, if the individual’s disability prevents the use of a harness, leash, or tether, or if these devices interfere with the service animal performing its work or task.
         2. Work or task performed must be directly related to the handler’s disability.
         3. Comfort, emotional support, or protection through the natural presence of an animal are not work or tasks.
   4. Permissible inquiries
      1. When it is not apparent what work or task is provided by the service animal, only the following two inquiries may be made by the responsible university official with decision-making authority for the event or program:
         1. “Is the service animal required because of a disability?”; and,
         2. “What work or task has the service animal been trained to perform?”
      2. Clarifying questions are permitted if responses to the two above inquiries are vague or unclear.
      3. If the response to the first question is “no,” the animal is not a service animal and is only permitted at the university under the following circumstances:
         1. The animal is a reasonable accommodation approved by a University Disability Authority; or,
         2. The handler has received approval under UWS 18.08.
      4. Any inquiries about a person’s disability or medical condition to determine if the animal is a reasonable accommodation under applicable laws may only be made by a University Disability Authority.
   5. Fees/Costs
      1. A handler may be charged the same rate or fee for the service, program, activity, or goods as charged to others.
      2. A handler may not be charged a fee or deposit for the service animal.
      3. A handler may be charged for any damages caused by a service animal.
   6. Exclusion and Other Protections
      1. A service animal may be excluded only under the following conditions:
         1. It is not housebroken.
         2. It is not under control and the handler does not take effective action to control it.
         3. Its presence fundamentally alters the nature of a university program or service.
         4. Its presence interferes with legitimate safety requirements (e.g., academic lab).
         5. It is unduly disruptive or poses a direct threat to the health or safety of others.
         6. It causes substantial damage to the property of other individuals or to university property.
      2. A service dog may not be excluded based on its breed.
      3. A service animal may not be excluded based on generalized fear about how it might behave.
      4. A handler must still be offered the opportunity to participate in the service, program, activity, or obtain the same goods if the service animal is excluded.
   7. Other Restrictions, Requirements, and General Information
      1. Certification or documentation regarding the need for a service animal may not be requested except in instances where a handler of a service animal other than a dog or miniature horse is seeking access to a space not offering goods or services available to the public (e.g., academic classroom or workspace).
      2. Handlers may not be asked to have the service animal demonstrate the task or work it performs.
      3. Handlers may not be isolated from other guests or program participants because of their service animal.
      4. The university is not responsible or required to provide care for or supervision of a service animal.
      5. A service dog must:
         1. In accordance with Wis. Stats. §§ 95.21(2), 174.055, and 177.07: 
            1. be licensed (no cost for service dogs) by the time it reaches 5 months of age and wear a dog license tag. 
            2. be currently vaccinated against rabies and wear a rabies vaccination tag. 
         2. Wear an owner identification tag at all times.
      6. A service animal must be immunized against diseases common to that type of animal, and all vaccinations must be current.
      7. A service animal residing in University Housing or University Apartments must have an annual clean bill of health from a licensed veterinarian.
2. Service Animals-in-Training: Service animals-in-training are not protected under the ADA but are permitted under state law in limited university spaces. It is the policy of the University of Wisconsin–Madison that service animals-in-training are permitted under the following conditions:
   1. Right of Access
      1. Service animals-in-training are only permitted in facilities offering goods or services open to the general public except when its presence interferes with legitimate safety requirements of the facility or jeopardizes the health and safety of others.
      2. Handlers of service animals-in-training seeking to train their animal within their university dwelling must have their animal approved as a reasonable accommodation under the Fair Housing Act (42 U.S.C. §§ 3601-19).
      3. Handlers of service animals-in-training seeking access to facilities or spaces not offering goods or services open to the general public (e.g., academic classroom) must follow UWS 18.08.
   2. No registration is required.
   3. Control
      1. Must be housebroken.
      2. Must be under the control of its handler.
      3. Must always be tethered by a harness or leash and wear a special cape.
   4. Certification and Permissible Inquiries
      1. The handler may be asked if the animal is being trained to be a service animal.
      2. A handler who is an individual with an apparent disability may not:
         1. Be asked for documentation of their own disability; or,
         2. Certification that the animal is being trained.
      3. The handler who does not have an apparent disability may be asked to produce certification or documentation of a training school.
   5. Any inquiries about a person’s disability or medical condition may only be made by a University Disability Authority determining if the animal is a reasonable accommodation under applicable laws (e.g, employee requesting a service animal in the workplace).
   6. Fees/Costs
      1. A handler may be charged the same rate or fee for the service, program, activity or goods as charged to others.
      2. A handler may not be charged a fee or deposit for the service animal-in-training.
      3. A handler may be charged for any damages caused by a service animal-in-training.
   7. Other Restrictions
      1. Employees may not train service animals on work time unless doing so is part of their university job duties.
      2. Students may not train service animals in university facilities not offering goods or services available to the general public (e.g., academic classrooms, athletic facilities, etc.) without permission pursuant to UWS 18.08.
      3. Students may only train service animals in their university dwelling if the animal is approved as a reasonable accommodation.
      4. Handlers may not be isolated from other guests or program participants because of their service animal-in-training.
      5. The university is not responsible or required to provide care for or supervision of a service animal-in-training.
3. Emotional Support Animals are governed by UW-148 – Emotional Support Animals.
4. Therapy Animals
   1. A therapy animal, including a therapy animal-in-training, has no legal right of access. While the handler may be a person with a disability, the therapy animal does not provide a disability-related service to the handler, as its primary activity is interacting with and being attentive to the public, not the handler.
   2. Individuals seeking permission for the use of a therapy animal at the university must follow UWS 18.08.
5. Appeal Rights
   1. Individuals with a disability who have been denied the use of a service animal as a reasonable accommodation may appeal the decision.
   2. The appeal must be filed in writing with the ADA Coordinator in the Office of Compliance within 30-calendar days from the date of accommodation denial regardless of attempts to resolve matters through an alternative resolution process. Further information about the appeals process is available through the Office of Compliance.
6. Non-retaliation: It is against UW System Board of Regent Policy and federal and state laws to retaliate against any individual for requesting a reasonable accommodation in terms of their opportunities to enjoy equal terms, benefits, privileges, or conditions of the university’s programs, including social, academic, employment, or recreational activities, or against any individual for filing a complaint of discrimination or participating in an investigation of a complaint.
7. Consequence for Non-Compliance
   1. Non-compliance with the Americans with Disabilities Act or state disability law may result in monetary damages.
   2. Non-compliance with Section 504 of the Rehabilitation Act of 1973 may result in loss of federal funding as determined by the U.S. Department of Education’s Office for Civil Rights.

Related UW-Madison Policies:

UW-148 Emotional Support Animals

University Housing Emotional Support Animal Policy

Related UW–Madison Documents, Web Pages, or Other Resources:

Office of Compliance Guide to Assistance and Service Animals

External References:

Americans with Disabilities Act (28 CFR §35): Nondiscrimination on the Basis of Disability in State and Local Government Services

Fair Housing Act (42 U.S.C. §§ 3601-19)

Section 504 of the Rehabilitation Act 34 CFR §104: Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance

United States Department of Justice: Frequently Asked Questions about Service Animals and the ADA

University of Wisconsin System Regent Policy Document 14-6: Discrimination, Harassment, and Retaliation

University of Wisconsin System Regent Policy Document 14-10: Nondiscrimination on Basis of Disability

University of Wisconsin System Chapter 18.08: Personal Conduct Prohibited

Wis. Admin. Code

Wis. Admin. Code § UWS 18.08(1): Personal Conduct Prohibited

Wis. Stats. § 106.52: Public places of accommodation or amusement

Wis. Stats. § 95.21(2): Rabies vaccination required for dogs

Wis. Stats. § 174.07: Dog licenses and collar tags

Wis. Stats. § 174.055: Dog license exemption for owners of dogs for blind, deaf, and mobility-impaired

Policy Administration

Approval Authority:

Vice Chancellor for Legal Affairs

Policy Manager:

ADA Coordinator

Contact:

ADA Coordinator -- Ruben Mota, ada_coordinator@wisc.edu, (608) 265-4508

Effective Date:

04-28-1997

Revised Dates:

02-15-1999, 06-01-2005, 07-01-2017, 05-01-2017, 12-01-2017, 03-15-2024

Retrieved:

12-21-2024 01:22:39