CW 040 – ADA & Reasonable Accommodation
Purpose
To facilitate compliance with the requirements of Titles I and II of the Americans with Disabilities Act (ADA) which prohibit discrimination on the basis of disability in employment and in all programs, activities and services provided by 91ɬÂþ (91ɬÂþ).
Scope
Applies to all 91ɬÂþ employees, students, and visitors.
Definition
Disability: A physical or mental impairment that substantially limits or restricts the conditions, manner, or duration under which an average person in the general population can perform a major life activity, such as walking, seeing, hearing, speaking, breathing, learning, working, or taking care of oneself.
Service Animal: Dogs or, in certain instances, miniature horses that are 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. Service animals may perform tasks that include, but are not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Service animals are working to assist the handler and are not considered pets.
Handler: Any person having an interest in or right of possession to a service animal, or any person having control, custody, or possession of a service animal.
Comfort Animal: An animal that provides comfort, reassurance, social interaction and other emotional benefits. An animal that solely provides comfort or emotional support does not qualify as a service animal, regardless of training. A comfort animal is not considered a service animal, but comfort animals may be allowed on 91ɬÂþ-owned or controlled property on a case-by-case basis as a reasonable accommodation to an individual with a disability.
Pet: A domestic animal kept for pleasure or companionship. Pets are generally not permitted in any 91ɬÂþ-owned or controlled buildings.
Therapy Animal: An animal that provides affection and comfort and is specifically trained to be gentle and stable in stressful situations. Therapy animals are most often used in hospitals, nursing homes, mental health facilities and children’s settings. The use of a therapy animal may be incorporated into the treatment process as prescribed by an appropriate health care professional. A therapy animal is not considered a service animal, but therapy animals may be allowed on 91ɬÂþ-owned or controlled property on a case-by-case basis as a reasonable accommodation to an individual with a disability.
Direct threat: A significant risk to the health, safety or well-being of individuals with disabilities or others when this risk cannot be eliminated by reasonable accommodation.
Policy
Employment: Pursuant to the ADA and applicable regulations and guidelines promulgated by the Equal Employment Opportunity Commission, 91ɬÂþ prohibits discrimination on the basis of disability in its hiring and employment practices. Further, 91ɬÂþ will provide reasonable accommodations to qualified employees or applicants with a disability unless the provision of the accommodation would impose an undue hardship on 91ɬÂþ.
Services, Programs, or Activities: 91ɬÂþ similarly prohibits discrimination on the basis of disability in its programs, activities and services. Accordingly, qualified individuals with a disability will not be excluded from participation in or denied the benefit of the programs, activities or services provided by 91ɬÂþ because of their disability. Further, 91ɬÂþ will provide reasonable modifications to its programs, activities and services to allow qualified individuals with a disability to participate in or avail themselves of the benefits of 91ɬÂþ’s programs, activities and services unless such modifications would fundamentally alter the nature of the program, activity or service or impose an undue burden on 91ɬÂþ.
Guidelines
Effective Communication
91ɬÂþ will generally, upon a request, provide appropriate aids and services for effective communication for qualified persons with disabilities so they can participate equally in 91ɬÂþ’s programs, services and activities, including qualified sign language interpreters, documents in Braille and other ways of making information and communications accessible to people who have speech, hearing or vision impairments.
Modifications To Policies & Procedures
91ɬÂþ will make all reasonable modifications to policies and programs to ensure that qualified individuals with a disability have an equal opportunity to enjoy all of its programs, services and activities. For example, individuals with service animals are welcome in 91ɬÂþ offices, even if pets are otherwise generally prohibited.
Individuals with a disability who need a reasonable accommodation or a modification of policies or procedures to participate in a program, service or activity of 91ɬÂþ, should contact:
- Students – Disability Services
- Employees – Human Resources
91ɬÂþ will not place a surcharge on any individual with a disability or any group of individuals with disabilities to cover the cost of compliance measures. Accordingly, 91ɬÂþ will not place a surcharge on the provision of auxiliary aids/services, or other reasonable accommodations nor will it place a surcharge on reasonable modifications of policy or procedures.
Service Animals
Individuals with disabilities may be accompanied by their service animal on all 91ɬÂþ premises where members of the public or participants in services, programs, or activities are allowed to go. 91ɬÂþ recognizes the importance of Service Animals for individuals with disabilities. The purpose of this document is to assist in understanding issues surrounding service animals and offer guidance on how to create a welcoming and safe environment for 91ɬÂþ students and employees interacting with or utilizing a service animal.
A. Rights & Responsibilities
There are rights, expectations and responsibilities both of a service animal and its handler, as well as members of the 91ɬÂþ community. 91ɬÂþ strives to create a welcoming and safe environment for all individuals based on mutual trust and respect by establishing open and honest communication between all involved parties.
B. A Service Animal Handler
- Is responsible to be present and in full control of the service animal. A service animal shall have a harness, leash, or other tether unless:
- The handler is unable to use a harness, leash or tether due to a disability; or
- Using a harness, leash, or tether will interfere with the animal’s ability to safely and effectively perform its duties.
- Is responsible for ensuring that the service animal is wearing a leash, harness or cape that identifies the animal as a service animal when on duty anywhere on campus or registering the animal with Disability Services (students) or Human Resources (employees).
- Is responsible for ensuring the service animal is in good health, including the costs of care necessary for a service animal’s well-being. The arrangements and responsibilities for the care of a service animal is the sole responsibility of the owner at all times, including regular bathing and grooming, as needed.
- Is responsible for taking the service animal to relieve itself in appropriate outdoor locations, where available, and appropriately disposing of the service animal’s waste. If a suitable outdoor location is not available or inaccessible to the animal’s handler, the handler should discuss alternate accommodations with Disability Services (students) or Human Resources (employees).
- Is responsible for complying with any and all dog control and licensing laws. Service animals must be current with vaccinations and wear a rabies vaccination tag. Documentation may be required.
- Is responsible for ensuring the service animal is wearing an up-to-date owner identification tag, including the name and phone number of the owner.
C. Members of the 91ɬÂþ Community
- Must allow service animals to accompany their handlers at all times and everywhere on campus where the public (if accompanying a visitor) or students (if accompanying a student) are allowed, except for places where there is a health, environmental, or safety hazard. However, service animals are permitted in certain areas, including areas where food is prepared or sold, that might otherwise constitute a health code violation.
- Must allow service animals to accompany their handlers at all times and everywhere employees are allowed except for places where there is a health, environmental, or safety hazard. However, service animals are permitted in certain areas, including areas where food is prepared or sold, that might otherwise constitute a health code violation.
- When not readily apparent that an animal is a Service Animal, 91ɬÂþ employees may make only two inquiries about the animal:
- Is the animal required because of a disability? 91ɬÂþ employees may not ask about the nature of the person’s disability or require medical documentation of a disability.
- What work or task has the animal been trained to perform? 91ɬÂþ employees may not ask for the animal’s training documentation or ask that the animal demonstrate its ability to perform the work or task.
- Any questions or concerns that arise about service animals should be referred to Disability Services for students and Human Resources for employees.
- Report any service animals who misbehave or any handlers (or other individuals) who mistreat a service animal to 91ɬÂþ Security Services at 208.562.3333 or security@cwi.edu.
91ɬÂþ is committed to ensuring that the needs of all people who require accommodations are met and will decide how to resolve any conflicts or problems as quickly as possible. Reports can be made with Disability Services (students) or Human Resources (employees).
D. Interaction with Service Animals
Service Animals facilitate the specific purpose of aiding their handler with one or more major life activities. Interfering with or disrupting the service animal as it is working may pose a health or safety risk to the handler or the rest of the 91ɬÂþ community. Following standard etiquette when interacting with service animals and the handler aid in protecting against this. Some etiquette rules to follow include:
- Do NOT pet, touch or otherwise distract a service animal when it is working. Doing so may interfere with its ability to perform its duties.
- Do NOT feed a service animal. Their work depends on a regular and consistent feeding regimen for which the handler is responsible.
- Do NOT attempt to separate the handler from the service animal.
- Do NOT harass or deliberately startle a service animal.
- Do NOT approach the handler directly regarding questions or concerns related to the service animal’s behavior. Questions, concerns, or complaints regarding service animal behavior should be directed to Disability Services (students) or Human Resources (employees).
E. Removal from Campus
Under certain circumstances, 91ɬÂþ may ask that a service animal leave 91ɬÂþ-owned or controlled property or not participate in an event. Examples of these circumstances may include:
- If a service animal is found by Disability Services or Human Resources to be out of control, including disruptive or aggressive behavior, and the animal’s handler does not take effective action to control its behavior.
- If a service animal is not housebroken.
- If a service animal is physically ill.
- If the service animal is unreasonably dirty or otherwise displays poor hygiene.
- If a service animal poses a direct threat to the health or safety of others.
If a service animal continues to engage in disruptive, aggressive, or unhygienic behaviors, which include but are not limited to those described above, the service animal’s handler may be prohibited from bringing the animal onto 91ɬÂþ-owned or controlled property until the handler has taken steps to mitigate the behavior.
We each have an obligation to be supportive of our 91ɬÂþ student or employee colleagues and to help create a welcoming and safe environment at the College. These guidelines are designed to show the ways in which the 91ɬÂþ community, individually and institutionally, can be supportive of someone working with a service animal.