Fayetteville Policies and Procedures 718.0

Animals on Campus

Policy Statement
The University of Arkansas (University) is committed to providing a safe and healthy environment for the entire campus community. This policy establishes rules regarding the presence of animals on and in University property.

Except as specifically outlined below, and in accordance with state and federal laws, animals are not permitted on or in controlled spaces of University property as defined below.
Scope of Application
This policy applies to all students, faculty, staff, contractors, vendors, guests, other third parties, visitors to campus and others participating in campus programs or receiving campus services and is subject to all other applicable University policies.

This policy is administered by University Facilities Management, subject to the specific provisions discussed herein.
Definitions
1. University Property: Solely for purposes of this policy, University Property includes all areas owned or controlled by the University.
2. Controlled Spaces: Solely for purposes of this policy, Controlled Spaces are defined as any indoor spaces on campus that are owned or controlled by the University (including, but not limited to, classrooms, most employee workspaces, residence halls – including Greek houses that are managed by University Housing – and indoor athletics facilities), as well as outdoor areas owned or controlled by the University that have heightened limitations on use or access (including, but not limited to, outdoor athletics facilities, practice fields, stadiums, farms, and tennis courts). Streets, sidewalks, and parking lots with no general restrictions on access for purposes of coming and going from campus are not considered Controlled Areas for purposes of this policy.
3. City Code: The Code of Ordinances of the City of Fayetteville, Arkansas, which is available at https://library.municode.com/ar/fayetteville/codes/code_of_ordinances (last accessed October 2020).
4. County Code: The Code of Ordinances of Washington County, Arkansas, which is available at https://library.municode.com/ar/washington_county/codes/code_of_ordinances?nodeId=14303 (last accessed October 2020).
5. Handler: The owner or individual bringing any animal onto University Property.
6. Emotional Support Animal (ESA): Any animal specifically designated by a qualified medical provider to provide emotional support, therapeutic benefit, or comfort to an individual with a disability in order to alleviate one or more identified symptoms of an individual’s disability, provided there is a nexus between the disability and the assistance the Emotional Support Animal provides. However, because Emotional Support Animals are not individually trained to perform specific work or tasks, they are not Service Animals. Emotional Support Animals may also be referred to as assistance, therapeutic, or companion animals.
7. Service Animal: Generally, for purposes of this policy, a Service Animal is a dog that is individually trained to perform specific tasks for an individual with a disability.
  1. Under the U.S. Department of Justice’s regulations implementing Title III of the federal Americans with Disabilities Act, “service animal” is defined as “any dog that is 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.” 28 C.F.R. § 36.104. The work or tasks performed by a Service Animal must be directly related to the individual’s disability. In certain circumstances, a miniature horse may be considered a Service Animal.
  2. Under the U.S. Department of Transportation’s regulations implementing the transportation and related provisions of Titles II and III of the federal Americans with Disabilities Act, “service animal” is defined as “any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but 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.” 49 C.F.R. § 37.3.
  3. Police dogs are also considered Service Animals, as well as other animals that work for emergency personnel.
8. Assistance Animal: The federal Fair Housing Act uses the term “assistance animal,” which includes both trained or untrained animals that work, provide assistance, or perform tasks for the benefit of a person with a disability, or provide therapeutic emotional support that alleviates one or more identified symptoms or effects of a person’s disability. FHEO-2013-01. Under the federal Fair Housing Act, an individual with a disability may have the right to have an assistance animal in his or her home (including University residence hall) if the animal qualifies as a reasonable accommodation that is necessary to afford the individual equal opportunity to use and enjoy a dwelling, assuming that the animal does not pose a direct threat.
9. Service Animal in Training: A dog that is being trained as a Service Animal, in accordance with state law.
10. Research and Teaching Animals: Approved animals used directly in support of the University’s mission of teaching, research, and/or clinical programs as used in accordance with guidelines administered by the Office of Research Compliance.
Service Animals and Emotional Support Animals
1. Service Animals
  Generally, a Service Animal/Service Animal in Training is permitted to be any place its Handler goes, with limited exceptions for areas where animals are prohibited for health and safety reasons. Such areas may include, but are not limited to:
  1. Research and teaching laboratories;
  2. Mechanical rooms and custodial closets;
  3. Food service preparation areas;
  4. Areas where protective clothing or other personal protective equipment is necessary; or
  5. Any areas where there is a potential danger to the Service Animal.
    
    When a student with a Service Animal needs to be in one of these restricted areas for a course requirement, alternative arrangements will be considered to provide access. If it is determined to be unsafe for the Service Animal to be in one of these restricted areas, reasonable accommodations will be provided to assure the student equal access to the academic program or activity
2. Emotional Support Animals
  Emotional Support Animals are not permitted in any Controlled Spaces of the University without an official accommodation granted in advance consistent with University policies governing reasonable accommodations for disabilities
3. Assistance Animals
  Approved Assistance Animals are permitted in University Housing facilities consistent with University Housing’s policies and procedures for ESA and Service Animals.
4. Unique Situations and Exceptions
  To discuss any unique situations regarding Service Animals or Emotional Support Animals that are not covered by this policy, as well as any exceptions to this policy, please contact the Office of Equal Opportunity and Compliance (for employees and visitors) or the University’s Center for Educational Access (for students). All exceptions must be approved in writing. Any other questions or requests for exceptions should be directed to UA Facilities Management, which has overall responsibility for administering this policy.
  
  A Handler seeking to bring a Service Animal or an approved Emotional Support Animal into a location that would otherwise be prohibited due to health and safety restrictions may seek an exception by making a request to the appropriate department representative(s), who shall consult with the Office of Equal Opportunity and Compliance and/or the Center for Educational Access, as appropriate.
Responsibilities of Handlers
While on University Property, it is the Handler’s responsibility to ensure that the animal is in full compliance with all requirements outlined in the City Code and the County Code pertaining to animals, including but not limited to behavioral expectations, restraining requirements, registration, and immunizations, as well as any other relevant state, county, or local laws concerning animals.

The Handler is responsible for directly supervising the animal and retaining full control over the animal at all times. All animals must be kept on a leash, harness, tether, or in an animal carrier, unless such devices would interfere with a Service Animal’s work or an individual’s disability prevents the use of those devices, or the animal is an Emotional Support Animal within the student Handler’s on-campus residence. If an animal is not leashed or otherwise restrained, the Handler must retain control of the animal through voice, signal, or other effective controls. The animal may not be allowed to run loose anywhere on campus.

The Handler is responsible for immediately cleaning up any waste or damage created by the animal, and for all costs related to damages created by the animal. This includes fees for clean-up and disposal of animal waste or replacement and repair of University or other individuals’ assets. If the Handler fails to clean up after the animal, or if the animal causes damage to property, the Handler may be prohibited from bringing the animal onto University Property. Anyone who brings an animal on University Property assumes all financial responsibility for any damages to property or injury to individuals caused by the animal.

Animals may not be tethered to University buildings, structures, motor vehicles, trees, railings, light poles, benches, posts, or other structures.
Removal of Animals from University Property
All animals are the responsibility of their Handlers. Animals permitted on University Property must be house broken and be under their Handler’s control (in proximity to the Handler and responsive to commands, in harness, leashed or in a carrier). An animal’s behavior is considered the Handler’s behavior; the animal will be held to the same basic standard of conduct as their Handlers. If they are disruptive to University business or community behavioral expectations for educational and residential environments, Handlers may be asked to correct the animal’s behavior or remove it from the environment.

If an animal is permitted onto University Property in accordance with applicable policies, the University reserves the right to revoke that permission or exclude the animal from a particular location under the circumstances outlined below:
1. The animal behaves in a way that poses a direct threat to the health and safety of others, and/or has a history of such behavior;
2. The animal is disruptive, and/or is not under the control of the Handler;
3. The animal is considered dangerous, vicious, or noisy, as defined in the City Code and/or the County Code;
4. The animal causes damage to property or harm to community members;
5. The animal is not house broken, and/or is excessively unclean;
6. The animal is physically ill;
7. The Handler violates any of the responsibilities outlined in this policies; and/or
8. The presence of the animal would fundamentally alter the nature of the service or program.
  
  If the animal is disruptive or exhibiting behavior that threatens the health or safety of others in the classroom, the instructor may ask the Handler and the animal to leave the classroom immediately. If an animal is behaving in a disruptive or threatening manner in the workplace, the Handler’s supervisor may ask the Handler and the animal to leave the workplace immediately. If an animal is exhibiting disruptive or threatening behavior at a public University event, the event organizer may ask the Handler and the animal to leave the event immediately. If an animal is exhibiting disruptive or threatening behavior inside of a University residence hall (including Greek houses that are managed by University Housing), the situation will be addressed in accordance with University Housing’s ESA and Service Animals Policy.
Failure to Comply
1. Unattended or Uncontrolled Animals
  If an unattended or uncontrolled animal is observed on University Property, a reasonable attempt will be made to locate the animal’s Handler. If the Handler is located, they may face disciplinary measures by appropriate authorities which may include the University’s Human Resource Department, and/or Student Conduct. If attempts to find the animal’s Handler are unsuccessful, the City of Fayetteville Animal Services will be contacted for removal of the animal from University Property and the Handler will be responsible for all costs associated with securing the release of the animal. If the University has to remove or impound an animal under this provision on more than one occasion, the University reserves the right to require the Handler to permanently remove the animal from campus.
2. Property Damage
  The University will seek restitution for any animal-related damage to University Property. The repair or replacement cost of damaged property is the sole responsibility of the Handler of the animal that caused the damage.
Facility Guidelines for Student Wellness Events
Permission may be granted, on a case-by-case basis, to allow animals on or in Controlled Spaces within the campus for participation in special events for student wellness, with proof that all of the following criteria have been met:
1. All animals and Handlers/persons controlling the animals during the event must be part of a recognized entity that provides animals for public or therapeutic events;
2. Unless a University department is the primary sponsor of the event, a certificate of insurance must be provided to the Office of Risk Management at least one week prior to the event as evidence of comprehensive general liability insurance coverage related to the event and naming the University of Arkansas as additional insured, which such insurance shall provide coverage of not less than $1 million per occurrence of bodily injury, death, or property damage and $2 million aggregate coverage;
3. Acknowledgement in writing must be received from the entity sponsoring the event, providing that all participating animals have been vaccinated and are trained to participate in such events;
4. All animals must be in compliance with City Code and County Code requirements regarding animals;
5. A safe and appropriate location for the event has been identified and approved;
6. All costs related to clean-up or damage will be billed to the group sponsoring the event (and a University cost center to which these charges may be billed must be provided in advance of the event);
7. The event is not for fundraising purposes; and
8. The event has been approved, in writing, by the Vice Chancellor for Finance and Administration (or designee).
Other Exceptions
The animals listed below are also permitted inside Controlled Spaces of the University:
1. Small, harmless fish in aquariums of ten gallons or less in residence halls;
2. On-duty police dogs;
3. Approved pets of live-in Housing staff or in faculty-in-residence apartments;
4. Research and Teaching Animals;
5. Animals used in approved art performances;
6. Animals present at a special University program or event that explicitly permits the presence of animals;
7. Official University mascots; and
8. Other circumstances required by law.
  
  Although these animals are permitted within Controlled Spaces, said animals must remain under the control of the Handler at all times. The care or supervision of an exempted animal is solely the responsibility of the Handler. The University reserves the right to exclude an exempted animal whose behavior poses a threat to the health or safety of others.

Revised November 13, 2020
Reformatted for Web April 23, 2014
Revised March 6, 2001
March 14, 1978