Service Animal Policy

It is the policy of the University of Wisconsin-Green Bay that service animals assisting individuals with disabilities are generally permitted in all facilities and programs on the UW-Green Bay campus except as described below.

Who This Policy Applies To

This policy applies to students, employees, visitors and guest to the institution using a service dog or other service animal.

Policy Detail

It is the policy of the University of Wisconsin–Green Bay that service dogs or service animals assisting individuals with a disability are generally permitted in all facilities and programs on the UW–Green Bay campus with limited exceptions.

Reasonable Inquiries Regarding Service Animals

If the need for the service animal is not reasonably obvious to the University, the University may ask the owner or handler the following questions: (1) is the dog/service animal a service animal required because of a disability? And if yes, (2) what tasks or work has the animal been trained to perform? If either response is “no”, the animal is not 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-Green Bay ESA policy.

The University may also inquire into the training cue or other signs given to the animal to perform a task or work in order to distinguish the service animal from an ordinary pet or animal. However, the University may not require documentation of training, licensure or certification.

If an owner or handler refuses to provide the above information, the University may refuse to allow the animal to enter or remain on campus property.

Students & Service Dogs or Other Service Animals

Students may choose to have their service animal included as a reasonable accommodation on their Faculty Notification Letter developed with the Student Accessibility Services Office; however, this is not required for animals that meet the definition of a service animal. Students who plan to live in university housing with a SERVICE DOG should contact Housing and Residential Education prior to moving in regarding making suitable arrangements.

Employees & Service Dogs or Other Service Animals

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. Employees can view the Accommodations for Individuals with Disabilities policy on the Human Resources website and may contact the Office of Human Resources and Workforce Diversity at 920-465-2390 or hr@uwgb.edu.

Visitors & Service Dogs or Other Service Animals

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–Green Bay campuses by visitors can be directed to the ADA Coordinator at 920-465-2162 for information and assistance.

Policy Exceptions

A service animal may be asked to leave a UW-Green Bay 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 an ESA. Nothing in this policy overrides federal, state, or local law restricting the possession of such animals.

Emotional Support Animals, Service Animals in Training & Therapy Animals

Emotional Support Animals (ESA) 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-Green Bay 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 preapproval by a campus authority. See the UW-Green Bay ESA policy located on the Accessibility website.

Service animals in training 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-Green Bay’s Emotional Support Animal Policy.

Therapy animals 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.

Consequences for Non-Compliance

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.

Definitions

Campus Disability Authority

The following campus entities have authority to verify disability status and determine reasonable accommodations for individuals with disabilities:

• Student Accessibility Services Office for students and prospective students.
• Human Resources Office for employees and prospective employees.
• ADA Coordinator for visitors and guests.

Emotional Support Animal (ESA)

An ESA is defined as an animal that alleviates one or more identified symptoms or effects of a person’s disability. An emotional support animal is recognized as a reasonable accommodation for a person with a disability under the federal Fair Housing Act (FHAct, 42 U.S.C.A. 3601 et seq.) and may be a reasonable accommodation under Section 504 of the Rehabilitation Act (1973), as amended, 29 U.S.C.A. s. 794. An ESA, also referred to as an “assistance” animal, is not a pet according to the U.S. Department of Housing and Urban Development (HUD); however, no special training is required for an animal to be considered an ESA. What is necessary is that the person with an ESA has a disability and the ESA mitigates the impact of the disability.

Service Animal

Wisconsin law defines a service animal as a dog or other animal that is individually trained to do work or perform tasks for a person with a disability. Examples include, but are not limited to, guiding individuals who are blind, alerting individuals with a hearing loss to sounds, alerting and protecting a person who is having a seizure, pulling a wheelchair, or retrieving dropped items. Service dogs or other animals are working animals, not pets. The work or task a service dog or animal has been trained to provide must be directly related to the person’s disability. Dogs or other animals whose sole function is to provide comfort or emotional support do not qualify as service animals. This definition complies with the Americans with Disabilities Act (“ADA”).

Service Animal in Training

Wisconsin law allows service dogs in training and other service animals in training to be admitted to facilities open to the public, unless the presence of the service animal in training would jeopardize the safe operation or fundamentally alter the program, service or activity in the location. Service animals in training must wear a harness OR leash and special cape and remain under the control of the trainer at all times. Service animals-in-training are not protected by the ADA, are not considered a reasonable accommodation for a disability, and are subject to restrictions not placed on fully trained service animals that perform work or tasks for a person with a disability.

Therapy Animal

Therapy animals 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 enjoying 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.

Responsibilities

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:

• Student Accessibility Services Office for students and prospective students;
• Human Resources Office for employees or prospective employees;
• ADA Coordinator for visitors and guests.

Related Policies

• U.S Department of Justice, Information about the Americans with Disabilities Act
• Wisconsin Law Regarding Service Animals in Place of Public Accommodations
• Wisconsin Law Regarding Service Animals in Training
• City of Green Bay General Ordinances
• Department of Justice FAQ on Service Animals and the ADA