This Guideline is to help clarify federal, state and local laws regarding access for service animals that assist students with barriers at the University of North Georgia (UNG). Please, refer to the Animals on Campus Policy set by the university for more information. This guideline pertains to clarification and does not set policies or laws.
Under the Americans with Disabilities Act (ADA), a Service Animal is defined as a dog or miniature pony that is individually trained to do work or perform tasks for people with disabilities. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks; alerting individuals, who are deaf or hard of hearing to the presence of people or sounds; providing non- violent protection or rescue work; pulling a wheelchair; assisting an individual during a seizure; alerting individuals to the presence of allergens; retrieving items such as medicine or the telephone; providing physical support with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Service Animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability.
In addition to the provisions about service dogs, ADA regulations have a separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the Miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.
Service Animals are not required to register with Student Accessibility Services, since it is a civil right.
The following information is derived from the U.S. Department of Justice memo 1 Civil Rights Division, Disability Rights Section covering the updated revision of the 2010 Americans with Disabilities Act:
Faculty/Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
Georgia law (§30-4-2), provides that individuals accompanying dogs being trained to be Service Animals are to be given the same degree of access that is entitled under federal law for a person with a disability who is assisted by a Service Animal, subject to certain identification and other requirements. This guideline pertains to visitors to and students of UNG.
Under the Americans with Disabilities Act (ADA), a Service Animal is defined as a dog that is individually trained to do work or perform tasks for people with disabilities. While the dog is being trained, it is a Service Animal in Training.
Individuals training the animal must meet with Student Accessibility Services to register the Service Animal in Training.
Failure to adhere to the responsibilities to follow may be grounds for removal of the Service Animal in Training from university facilities
Exceptions to any provision of this guideline, including restrictions placed by university offices on access to specific areas or other aspects of university facilities, will be considered on a case-by-case basis. The written request for exception is submitted to the director of Student Accessibility Services not less than five business days prior to the effective date of such exception.
The director of Accessibility Services will consult with other appropriate members of the university community in an interactive process, taking into account all of the relevant facts and circumstances.
The University of North Georgia (UNG) provides reasonable accommodations to students living on campus with a documented disability. The Fair Housing Act (FHA) does not limit the rights of a person with a disability to the ADA definition of a Service Animal, but instead identifies Comfort or Emotional Support Animals as an accommodation. The Department of Justice considers residence halls to be dwellings under the definitions of the FHA, and so this guideline applies to students with disabilities living in UNG residence halls.
Under the federal Fair Housing Act (FHA), a Comfort or Emotional Support Animal is viewed as a reasonable accommodation in a housing unit that has a "no pets" rule for its residents. A Comfort or Emotional Support Animal is an animal (typically a dog or cat) that provides a therapeutic benefit to its owner by alleviating or mitigating some of the symptoms of the disability (companionship alone does not satisfy this requirement).
See the university's policy of Animals on Campus for further definitions.
A Comfort or Emotional Support Animal should not be considered as only a pet. The person wishing to have a comfort or emotional support animal in the residence halls must have a verifiable disability and a related need. Unlike a Service Animal, the Comfort or Emotional Support Animal is usually not used outside of the residential setting (e.g. Classroom).
Students are required to register the Comfort or Emotional Support Animal with Student Accessibility Services.
For a Comfort or Emotional Support Animal to be permitted to reside on campus, the person that is applying to bring the animal to campus and the Comfort or Emotional Support Animal must register with Student Accessibility Services. The student will provide documentation verifying:
To qualify for this accommodation, a student must meet the federal definition of disability and must provide supporting documentation, such as a letter, from a physician or other medical professional, stating that the student has a disability and that the Comfort or Emotional Support Animal provides a benefit for the individual with the disability.
The student will identify and obtain the signature of another individual who will provide care and maintenance for the Comfort or Emotional Support Animal if the student becomes incapacitated or is unable to care for the animal. The student will give the university permission to contact their animal’s veterinarian and the student will submit additional documentation if needed.
The student is responsible at all times for the actions of his or her animal. If the student violates any provision of this guideline, he or she may be required to immediately remove the animal from university housing.