Service Animals in Academic Spaces
Service Animals in Academic Spaces
In discussing Service Animals in the classrooms, it is important to make a clear distinction between Emotional Support Animals and Service Animals.
Emotional Support Animals (ESAs) are used as part of a medical treatment plan. These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform specific tasks for people with disabilities. Support animals or ESAs are NOT considered service animals under the ADA. Support animals are approved as housing accommodation only, in adherence with the federal Fair Housing Act. As such, ESAs are to be utilized and strictly limited to a student’s housing area and cannot be in classrooms, dining halls, library, and other public or communal spaces. An ESA should NOT have access or be present in any classroom or academic setting.
In contrast, Service Animals are protected under ADA and federal policies. An individual with a disability who uses a service animal may bring the animal to the same areas on campus where the individual may go, including classrooms and academic spaces. Titles II and III of the ADA define a service animal as any dog (or in rare cases a miniature pony) individually trained to do work or perform tasks for an individual with a disability. No other animals can serve as Service Animals. No licensing or certifying entity exists to legitimize the use of a service animal. Rather, the need of the individual with a disability and the specific function the service animal (in most cases a dog) is trained to perform legitimize the use under federal and state laws. By having access to a service dog, this means an animal: 1. Is required because of a disability 2. It has been trained to perform tasks or work related to the disabling condition. OALA does NOT have a process nor does it, legally, have authority to “approve” a Service Animal. The presence of the animal and its ability to perform its function deem it legitimate, approved, and protected under ADA.
It is highly recommended but not mandatory for students to register their Service Animal with the Office of Access and Learning Accommodation (OALA). By doing so, OALA can support students and faculty so that appropriate measures are taken for classroom spaces in order to remove potential barriers that would impact the ability for the service animal to perform their tasks or work. When a student voluntarily registers their service animal with OALA, they can be provided with a courtesy notice to professors or campus partners regarding the presence of their animal and how to best support the animal in carrying out their work and tasks. The student may choose, but is not required, to share the notice with members of the campus community.
To inquire about the presence of a dog, it is reasonable for OALA and any Baylor community members to ONLY ask the following two questions:
- Is this service dog required because of a disability?
- What work or tasks has the dog been trained to perform?
You cannot ask the person to provide the following information:
- Nature of the disability
- Medical documentation
- Identification card or training documentation
- Demonstration of the dog’s ability to perform the work or task
If the Service Animal is disruptive to the learning environment or college events, directly aggressive or threatening, or not under the control of the handler at all times, then reach out to OALA as soon as possible. Mere speculation that a service might pose a potential health risk to others is not supported by law. If a student or faculty member has a health problem (e.g. allergy, phobia) with a service dog, medical documentation regarding the problem will be required and OALA, along with HR for faculty, should be contacted to determine the appropriate solution for the situation.
Service Animals in Labs
Please note that service animals entering laboratories must be protected against hazardous chemicals and broken glass similar to students. Protective gear such as booties, a lab coat, or googles may be required. It is the owner's responsibility to provide and train their service animal to wear the required protective gear and to navigate their ability to perform or tasks within the lab. The owner assumes all responsibility for the safety of animal when entering the lab. If other accommodations, including priority seating or other needs, are necessary and must be provided to support the service animal, the student should reach out to OALA to receive formalized academic accommodations.
On rare occasions, there may be specific locations and activities on college property where all animals are prohibited for health and safety reasons. Such prohibited areas may include, but are not limited to, the following: Research and teaching laboratories, other research facilities or labs where the animal may compromise the integrity of research or equipment, certain clinical/sterile environments, certain food preparation areas, mechanical rooms or custodial closets, areas where there is a significant danger to the animal, etc.
Reach out to OALA if any questions arise. Please refer to the Agreement and Responsibilities of Owners for Animals on Campus for more information regarding expectations of Service Animals.