This policy assures compliance with Section 504 of the Rehabilitation Act (1973), as amended, 29 U.S.C.A.s. 794. and the Americans with Disabilities Act, (1990), as amended, 28 C.F.R. s. 35.104, which prohibit discrimination on the basis of disability in a university program, service, or activity.
This policy applies to students, employees, visitors, and guests to the institution using a service dog or other service animal.
It is the policy of the University of Wisconsin–Madison that service dogs or service animals assisting individuals with a disability are generally permitted in all facilities and programs on the UW–Madison campus with limited exceptions.
In situations where it is not obvious that the dog or animal is a service animal, the individual may be asked only two specific questions: (1) is the dog/service animal a service animal required because of a disability? And if yes, (2) what work or task has the dog/service animal been trained to perform?
If either response is “no”, the animal is only permitted on campus as defined under Wisconsin Administrative Code 18.08 or as an approved accommodation as an emotional support animal (ESA) by a campus authority under the UW-Madison ESA policy.
Requesting any documentation for the service animal, requiring that the animal demonstrate its task, or inquiring about the nature of the person's disability is not permitted.
Students may choose to have their service animal included as a reasonable accommodation on their Faculty Notification Letter developed with the McBurney Disability Resource Center, however, this is not required for animals that meet the definition of a service animal. Students who plan to live in a university controlled housing unit should contact University Housing or the appropriate housing resource prior to moving in regarding making suitable arrangements for housing the service dog or animal.
Employee requests for disability accommodations, including requests to have a service dog or other service animal at work, are handled through the appropriate disability accommodation policy and procedures (academic staff, university staff or faculty). Employees can view these policies at www.oed.wisc.edu/disability and may contact their Divisional Disability Representative (DDR) or Employee Disability Resources Office at 608/263-2378 for information and assistance.
A service dog or other service animal accompanying an individual with a disability is welcome in all areas of campus that are open to the public. Specific questions related to the use of service animals on the UW–Madison campus by visitors can be directed to the ADA Coordinator at 608/265-6018 firstname.lastname@example.org.
A service dog or other service animal may be asked to leave a UW–Madison facility, program, or dwelling if the animal’s behavior or presence is unduly disruptive or poses a direct threat to the health or safety of others (e.g., displays vicious or aggressive behavior towards people or other animals), or causes substantial damage to the property of other individuals or the University.
A service dog or other service animal may also be excluded in areas where the presence of a service animal fundamentally alters the nature of a program or activity. Examples may include, but are not limited to research labs, areas requiring protective clothing, food preparation areas or other sterile environments, and primate labs or other research facilities where animals are present.
Many exotic, wild, and agricultural animals are likely inappropriate as a service animal. Nothing in this policy overrides federal, state, or local law restricting the possession of such animals.
May be permitted under the Fair Housing Act (FHAct, 42 U.S.C.A. s. 3601 et seq.) as permissible in a university dwelling. Additionally, UW-Madison recognizes animals that provide emotional support to a person with a disability may be considered a specific disability–related accommodation under Section 504 of the Rehabilitation Act (1973), as amended, 29 U.S.C.A. s. 794. and permitted in campus locations other than a university dwelling. An ESA requires pre-approval by a campus authority. See the UW-Madison ESA policy located on the Office of Compliance ADA website.
Are permitted in campus facilities that are open to the public only when the animal accompanying the service animal trainer is wearing a harness or a leash and special cape. Service animals in training are not permitted in classrooms, work place offices, athletic practice facilities, residence halls, laboratories and other campus buildings not open to the public. Employees may not train service animals on work time, unless doing so is part of the official job duties assigned by the University. Students may not train service animals in a university dwelling unless the animal is also an approved emotional support animal pursuant to UW-Madison’s Emotional Support Animal Policy.
Provide affection and comfort to the public, typically in facility settings such as hospitals, retirement homes, schools, or disaster sites. These pets have a temperament suitable for interacting with members of the public and enjoy doing so. A therapy animal, including a therapy animal-in-training, has no special legal rights of access, and are only permitted in facilities where they are welcomed and invited. 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.
Non-compliance with the Americans with Disabilities Act, (1990), as amended, 28 C.F.R. s. 35.104, may result in monetary damages. Non-compliance with Section 504 of the Rehabilitation Act (1973), as amended, 29 U.S.C.A. s. 794 may result in loss of federal funding as determined by the U.S. Department of Education’s Office for Civil Rights.
The following entities have responsibility for ensuring compliance with the Americans with Disabilities Act, (1990) as amended, 28 C.F.R. s. 35.104, as it pertains to individuals with disabilities and Section 504 of the Rehabilitation Act (1973), as amended, 29 U.S.C.A. s. 794:
Any person dissatisfied with a decision concerning a service animal or service animal in training can contact the UW–Madison ADA Coordinator regarding appeal procedures.
UW-Madison requires individuals utilizing a service dog or other service animal on campus to adhere to the following City of Madison ordinances.
02/15/1999, 06/01/2005, 07/01/2017, 05/01/2017, 12/01/2017