BACKGROUND INFORMATION:

1. University policy limits animals in university buildings. Animals are not permitted in any University building or structure, and if found are subject to impoundment. Exceptions from this general prohibition include service animals, experimental subjects, approved animals in University student housing, or certified therapy animals at UI Health Care or in other events or programs as approved by the appropriate vice president. See University of Iowa Operations Manual, V-35.5.e.
2. This Policy applies to all individuals coming onto University property including, but not limited to, students, staff, faculty, visitors, independent contractors, and volunteers. Additional or separate policies may apply to animals in campus housing and to service animals in medical facilities, including the University of Iowa Hospitals and Clinics (UIHC) and the College of Dentistry.
3. This Policy applies only to service animals as defined above.

POLICY:

1. Service Animals Permitted
   1. Service animals are generally permitted in any area open to the general public at the University of Iowa (e.g., museums, sports venues, academic buildings, hallways, bathrooms, lobbies, and cafeterias).
   2. The University may exclude the use of service animals from certain locations due to health or safety reasons or where the animal’s presence would fundamentally alter the nature of a University service, program or activity. Some examples of areas where service animals may be excluded: food preparation areas; swimming pools; animal research facilities; sterile procedural areas (e.g., operating rooms and burn units) and laboratories; and anywhere visitors are required to don personal protective equipment (PPE).
   3. If a service animal is restricted from a certain area, the individual with a disability will be offered the opportunity to participate in the service, program, or activity without the service animal.
2. Clarifying Animal Status 
   1. In determining whether an animal qualifies as a service animal, University employees cannot inquire about the nature of the individual’s disability or medical history. However, when it is not obvious or apparent what service, task, or work the service animal performs, University employees may ask only two questions:
      1. Is the animal required because of a disability?
      2. What work or task has the animal been trained to perform?
   2. The University cannot request or require:
      1. Documentation, such as proof that the service animal has been certified, trained, or licensed as a service animal;
      2. Demonstration of the work or task; or
      3. The service animal should wear a vest, ID tag, or harness.
   3. Service animals must always be leashed or contained (through voice, signals, or other effective controls) while on University property. A service animal does not need to be on a leash, harness, or tether if such restraint interferes with the work or task the service animal has been trained to perform.
   4. The University may ask if the service animal is current with the rabies vaccination required by Iowa Code § 351.33.
   5. It violates Iowa law for a person to intentionally misrepresent an animal as a service animal or a service animal-in-training (see § 216C.11).
3. Removal of Service Animals
   1. A service animal may be removed from University property if:
      1. The service animal is out of control, and the animal’s handler does not take effective action to control it (e.g., aggressive or disruptive behavior or escaping containment/oversight);
      2. The service animal attempts to enter a prohibited area (See Paragraph A.2. above);
      3. The use or presence of the service animal constitutes a fundamental alteration of the service, program or activity;
      4. The service animal poses a direct threat to the health or safety of others or
         • i. The direct threat will be assessed on a case-by-case basis—an “individualized assessment”—by factors including, but not limited to:
           • A) The nature, duration, and severity of the risk;
           • B) Reasonable judgment that relies on current medical knowledge or objective evidence;
           • C) The probability that potential injury will occur to other students, visitors, or University employees; and
           • D) Whether reasonable modifications of policies, practices, or procedures or providing auxiliary aids or services will mitigate the risk.
      5. The animal is not housebroken.
   2. A generalized fear of dogs and/or allergies are not valid reasons for removing a service animal.
   3. Where there is a legitimate reason to ask that a service animal be removed, the University will offer the individual with the disability the opportunity to participate in the service, program, or activity without the service animal.
4. Owner Responsibilities
   1. The University and University employees are not responsible for the care, training, or supervision of service animals on University property. Care of the service animal remains the obligation of the animal’s owner and/or handler. University staff will not be made available to care for the animal’s needs.
   2. The service animal’s owner or handler is required to maintain control of the service animal at all times, whether through the use of a harness, leash, or tether. If the service animal cannot wear a harness, leash, or tether because it would interfere with the specific work or task it has been trained to perform, the animal must otherwise be under the control of its handler (e.g., voice control, signals, or other effective means). Service animals must physically accompany the owner/handler at all times and cannot be left in an office, room, crate, etc., or with other persons while the owner/handler is elsewhere.
   3. The service animal’s handler will be liable for any damage or harm of any kind caused by the service animal.
   4. If the service animal vomits, urinates, or defecates on University property, it is the responsibility of the service animal’s owner and/or handler to dispose of the waste in a safe and sanitary manner and to clean the area completely.
   5. The service animal’s owner must comply with state and local licensing, registration, and vaccination requirements. 
5. Employees with Service Animals
   1. Employees are permitted to have service animals in any area open to the general public at the University (e.g., museums, sports venues, academic buildings, hallways, bathrooms, lobbies, and cafeterias) and in any area where the employee is allowed, except for the restricted areas listed above in Paragraph A.2.
   2. University employees requesting a modification or exception to this Policy in relation to their employment must contact Faculty and Staff Disability Services (FSDS) to initiate the reasonable employment accommodation process.  UIHC employees must contact UIHC Leave and Disability Administration (LDA).
6. Students with Service Animals
   1. Students are permitted to have service animals in any area open to the general public at the University (e.g., museums, sports venues, academic buildings, hallways, bathrooms, lobbies, and cafeterias) and in any area where the student is allowed, except for the restricted areas listed above in Paragraph A.2.
   2. Students requesting a modification or exception to this Policy as a reasonable accommodation must contact Student Disability Services. 
   3. Students who reside in campus housing and have a service animal should contact University Housing and Dining for additional information, as additional or separate policies may apply.  
7. Visitors
   1. Visitors who require the use of a service animal on University property are encouraged to contact the University’s ADA Coordinator with any accessibility related questions or concerns.
   2. Visitors requesting a modification or exception to this Policy as a reasonable accommodation should contact the University’s ADA Coordinator. 
8. Expectations of All Members of the University Community 
   1. All members of the University community are expected to adhere to the following expectations regarding interacting with service animals: 
      1. Service animals should be allowed to accompany their owners at all times and in all areas open to the public, except where service animals are specifically restricted or as otherwise provided in this Policy.
      2. Individuals should not touch or pet a service animal without permission from the owner.
      3. Individuals should not give treats or otherwise feed a service animal without permission from the owner.
      4. Individuals should not harass, distract, startle, or interfere with a service animal.
9. Miniature Horses 
   1. The University shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. Other requirements which apply to service animals shall also apply to miniature horses.
   2. In determining whether reasonable modifications in policies, practices, or procedures can be made to accommodate a miniature horse into a specific University facility, the following factors will be considered: 
      1. Whether the facility can accommodate the miniature horse’s type, size, and weight;
      2. Whether the miniature horse is under the owner’s control;
      3. Whether the miniature horse is housebroken; and
      4. Whether the miniature horse’s presence in a specific University facility will compromise legitimate safety requirements necessary for the safe operation of that facility.
      5. Students who wish to use a miniature horse shall contact Student Disability Services.  University employees who wish to use a miniature horse shall contact FSDS. UIHC employees must contact LDA. Visitors who wish to use a miniature horse shall contact that ADA Coordinator. Individuals who wish to use a miniature horse at UIHC facilities shall contact the Program of Hospital Epidemiology (PHE).
10. Policy Violations and Complaints 
    1. Any university community member who believes they have been discriminated against on the basis of their disability, or who feels that the University is out of compliance with their obligations to people with disabilities under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, as amended (ADA AA), is encouraged to work with the University’s ADA Coordinator to resolve their concerns informally. Formal complaints may be filed with the Office of Institutional Equity, 202 Jessup Hall.
    2. Animals that are out of control, causing a disruption, or posing a threat to the campus community should be reported to the University’s Department of Public Safety. 
    3. Concerns with animals in campus housing should be reported to University Housing and Dining.

CORRESPONDING POLICIES:

University of Iowa Operations Manual, V-35.5.e, Prohibitions in Use of Facilities

REFERENCES:

Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.

28 CFR §§ 35.104, 35.130, 35.136, 36.104, 36.208, 36.301, 36.302

Iowa Code § 216C Rights of Persons with Disabilities

Iowa Code § 351.33 Rabies Vaccination

Service Animals, ADA 2010 Revised Requirements, U.S. Department of Justice, Civil Rights Division, Disability Rights Section, 2011 (last updated February 24, 2020) available at  https://www.ada.gov/service_animals_2010.htm.

Frequently Asked Questions about Service Animals and the ADA, U.S. Department of Justice, Civil Rights Division, Disability Rights Section, 2015 available at https://www.ada.gov/resources/service-animals-faqs/