Animals on Campus

Policy 303.24

Introduction

Members of the Appalachian State University ("ASU" or the "University") community and others often wish to bring animals onto University grounds and into University buildings for a variety of reasons and purposes. The circumstances under which animals may be permitted access to campus grounds and facilities are the subject of federal, state, and local law, as well as University policy considerations. It is the purpose of this policy to articulate the conditions under which animals may or must be permitted access to University grounds and facilities. The classes of animals covered by this policy include:

1. Service Animals/Assistance Animals (including Service/Assistance Animals in Training)
2. Therapy Animals
3. Emotional Support Animals/Comfort Animals
4. Law Enforcement Agency Animals
5. Search and Rescue Animals
6. Laboratory Animals Used for Teaching and Research
7. Domestic Animals
8. Feral or Wild Animals

Scope

This policy applies to all persons who wish to bring animals onto campus, as well as to those whose job duties involve interactions with such persons and/or their animals.

Definitions

Direct Threat

means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services. 28 C.F.R. § 35.104.

Domestic Animal

means an animal that is a member of a species that normally and customarily shares human habitat in Watauga County, and is normally dependent on humans for food and shelter in the county, including dogs, cats, and other common domestic animals, but not including feral or wild animals as defined herein.

Emotional Support Animal (or "Comfort Animal")

means an animal selected or prescribed to an individual with a disability by a healthcare or mental health professional to play a significant part in a person's treatment process, e.g., in alleviating the symptoms of that individual's disability. An emotional support animal does not assist a person with a disability with activities of daily living, and does not accompany a person with a disability at all times. An emotional support animal is not a "Service Animal." 28 C.F.R. § 35.104.

Feral or Wild Animal

means a non domesticated animal that has been found in the wild, or is in the wild state.

Human Intervention

includes, but is not limited to, attracting, feeding, or watering animals, building shelters for animals, and injecting medication.

Law Enforcement Agency Animal (or Patrol Animal)

means an animal that is trained and may be used to assist a law enforcement officer in the performance of the officer's official duties. N.C.G.S. § 14-163.1(a)(2).

Person with a Disability

means a person with a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. 28 C.F.R. § 35.104.

Service Animal

means an animal 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. The work or tasks performed by a Service Animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. 28 C.F.R. ' 35.104.

Note: Although the federal regulations limit to dogs and miniature horses the species deemed to be "Service Animals," North Carolina law (which uses the term "assistance animal" interchangeably with "Service Animal") provides that "the term 'assistance animal' is not limited to a dog and includes any animal trained to assist a person with a disability." N.C.G.S. ' 14 163.1(a)(1). Because compliance with the North Carolina statute does not give rise to a conflict with federal law, the State law is not pre-empted, and we must comply with the broader requirement of State law. Accordingly, this Policy's definition of "Service Animal" is not limited to "dog" or "miniature horse."

Search and Rescue Animal means an animal that is trained and may be used to assist in a search and rescue operation. N.C.G.S. § 14-163.1(3a).

Service Animal in Training means an animal that is being 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.

Therapy Animal

means an animal that:

1. has received training appropriate for animal assisted therapy ("AAT") as evidenced by receipt of the Canine Good Citizen ("CGC") certificate from the American Kennel Club (AKC), or registration by a national Therapy Animal organization, such as the Delta Society or Therapy Dogs International; and
2. is used by a health care or mental health professional in a therapeutic setting. A Therapy Animal is not a Service Animal.