Service and Support Animal Policies

SUNY Oswego recognizes the importance of “Service Animals” as defined by the Americans with Disabilities Act (ADA) and “Support Animals” under the Fair Housing Act (FHA) that provide physical and/or emotional support to individuals with disabilities.  There are two types of assistance animals:

1. service animals, and
2. other  trained or untrained animals that do work, perform tasks, provide assistance, and/or provide  therapeutic emotional support for individuals with disabilities (referred to in this policy as a “support animal”)*

SUNY Oswego is committed to allowing an individual with a disability the use of a service animal on campus to facilitate full-participation and equal access to the College’s programs and activities.  SUNY Oswego is also committed to allowing support animals necessary to provide individuals with disabilities an equal opportunity to use and enjoy campus housing.  These Policies explain the specific requirements applicable to an individual’s use of a service animal on campus, as well as requirements applicable to an individual's use of a support animal in campus housing.

* HUD FHEO Notice: FHEO-2020-01 Issued: January 28, 2020 

A. Service Animal

A service animal is a dog that is individually trained to do work or perform tasks for the benefit of a person 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 person’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; 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. The crime deterrent effects of an animal's presence and provision of emotional support, well-being, comfort or companionship does not constitute work or tasks for the purpose of this definition.  Species other than dogs are not considered service animals for the purpose of this definition of a service animal. 

B. Support Animal 

A support animal  is an animal that does work, performs tasks, provides assistance and/or provides therapeutic emotional support that ameliorates one or more identified symptoms or effects of a person’s disability, and are necessary to afford a person with a disability an equal opportunity to use and enjoy college housing.  Support animals are not pets.  While service animals are dogs, support animals are animals commonly kept in households, unless there is a disability-related need for some other unique animal. 

Support animals are generally not allowed to accompany persons with disabilities in all public areas of SUNY Oswego as a service animal is allowed to do, but a support animal may reside in college housing. They are generally not permitted in any area other than the student’s room.

Service animals will be permitted to accompany people with disabilities in all areas of SUNY Oswego’s facilities where students, members of the public, and other participants in services, programs, or activities are allowed to go, including college housing.  SUNY Oswego does not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal.  Individuals accompanied by a service animal on campus, but who do not need any disability accommodations, are not required to register with Accessibility Resources, nor is such individual required to submit a request for reasonable accommodation to receive access for their service animal. Owners who bring service animals to college housing, however, are required to register with Residence Life and Housing, complete an Animal Registration & Agreement form for Service and Support Animals, and provide up-to-date health and vaccination records.  Students and staff are required to complete the Animal Registration & Agreement form prior to occupancy. 

Service animals must be housebroken (i.e. trained so that it controls waste elimination absent illness or accident) and must be kept under control by a harness, leash, or other tether, unless the person is unable to hold those or such use would interfere with the service animal’s performance of work or tasks.  In such instances, the service animal must be kept under control by voice, signals, or other effective means.

A. Inquiries Regarding Service Animals

SUNY Oswego will not ask about the nature or the extent of a person’s disability to determine whether a person’s dog qualifies as a service animal.  However, when it is not readily apparent, SUNY Oswego staff may make two inquiries to determine whether the dog qualifies as a service animal, which are:

• Is the dog required because of a disability?
• What work or task has the dog been trained to perform?

B.  Responsibilities of Handlers

1. Service Animal Control Requirements

• The animal should be on a leash when not providing a needed service to the person with a disability.
• The animal should respond to voice or hand commands at all times, and be in full control of the handler.
• To the extent possible, the animal should be unobtrusive to other individuals and the learning, living, and working environment.
• Identification – It is recommended that the animal wear some type of commonly recognized identification symbol, identifying the animal as a working animal, but not disclosing the disability.

2. Animal Etiquette

To the extent possible, the handler should ensure that the animal does not:

• Sniff people, restaurant tables or the personal belongings of others
• Display any behaviors or noises that are disruptive to others, unless part of the service being provided to the handler.
• Block an aisle or passageway. 

3. Waste Cleanup Rule

• Cleaning up after the animal is the sole responsibility of the handler.  In the event that the handler is not physically able to clean up after the animal, it is then the responsibility of the handler to hire someone capable of cleaning up after the animal.  The person cleaning up after the animal should abide by the following guidelines:
  • Always carry equipment sufficient to clean up the animal’s feces whenever the animal is on campus.
  • Properly dispose of waste and/or litter in appropriate containers.
  • Contact staff if arrangements are needed to assist with cleanup.  Any cost incurred for doing so is the sole responsibility of the handler.

C. Service Animals for on-campus residents

1. Notifying Residence Life and Housing

• Students and staff with service animals in college housing are required to register with Residence Life and Housing and complete an Animal Registration & Agreement form for service animals prior to occupancy so that appropriate accommodations and safety protocols can be arranged. 

D. Removal of Service Animals

Service animals may be ordered removed for the following reasons:

1. Out of control animal:  A handler may be directed to remove an animal that is out of control and the handler does not take effective action to control it.  If improper animal behavior happens repeatedly, the handler may be prohibited from bringing the animal into any college facility until the handler can demonstrate that they have taken significant steps to mitigate the behavior.
2. Non-housebroken animal:  A handler may be directed to remove an animal that is not housebroken.
3. Direct Threat:  A handler may be directed to remove an animal that SUNY Oswego determines to be a substantial and direct threat to the health and safety of individuals.  This may occur as a result of a very ill animal, a substantial lack of cleanliness of the animal, or the presence of an animal in a sensitive area like a medical facility, certain laboratories or mechanical or industrial areas.

When a service animal is properly removed pursuant to this policy, SUNY Oswego will work with the handler to determine reasonable alternative opportunities to participate in the service, program, or activity without having the service animal on the premises.

E.  Conflicting Disabilities

1. Some people may have allergic reactions to animals that are substantial enough to qualify as disabilities.  SUNY Oswego will consider the needs of both persons in meeting its obligations to reasonably accommodate all disabilities and to resolve the problem as efficiently and expeditiously as possible.  Students requesting allergy accommodations should contact Accessibility Resources, staff should contact Human Resources. 

F. Emergency Response

1. University Police will be notified of the location of service animals who reside on campus in the event of an emergency. 

G. Public Etiquette towards Service Animals

1. It is permissible to ask someone if they would like assistance if there seems to be confusion, however, faculty, staff, students and visitors/members of the general public should avoid the following:

• Petting a service animal, as it may distract them from the task at hand
• Feeding a service animal
• Deliberately startling a service animal, and
• Separating or attempting to separate a handler from the service animal.

Residence Life and Housing will allow a support animal if the animal is necessary for a resident with a disability to have equal access to housing and the accommodation must also be reasonable.  Support animals are not pets.   An accommodation is unreasonable if it presents an undue financial or administrative burden on the College, poses a direct threat  to individual or public safety that cannot be eliminated or reduced to an acceptable level, or constitutes a fundamental alteration of the nature of the service or program.

With prior approval, a person with a disability may have a support animal in their residence hall room as a reasonable accommodation.

A. Requests for a support animal in a residence hall

Students and staff requesting a support animal in college housing must complete a two-step interactive process:

1. Seek approval for a support animal by submitting documentation of a disability to Accessibility Resources (for students) or Human Resources (for employees residing in college housing) and discuss with Accessibility Resources or Human Resources staff prior to the start of the academic year or term.
2. Complete the Animal Registration & Agreement Form for Service and Support Animals form Residence Life and Housing annually, and submit a picture of the animal and animal health records (with up-to-date vaccinations and veterinary contact information).  As a part of the registration process, the owner will be required to provide the contact information of a person (or facility) that will take responsibility for the animal, in an emergency, when the owner is not able to care for the animal.

B. Documentation guidelines for support animals in Residence Halls

1. Documentation from a licensed healthcare provider must be submitted to Accessibility Resources (students) or Human Resources (staff) and
2. Must include:
   • The student’s name
   • The nature of the relationship between the healthcare professional and the student  
   • The type of animal for which reasonable accommodation is sought (ex. dog, cat, rabbit, etc.)
   • Whether the student has a physical or mental impairment 
   • Whether  the student’s impairment substantially limits at least one major life activity or major bodily function and 
   • Whether the student needs the animal because it does work, provides assistance, or performs at least one task that benefits the patient because of their disability, or because it provides therapeutic emotional support to alleviate a symptom or effect of the disability of the student, and not merely a pet. 
   • Additional documentation may be required if the animal is not an animal that is commonly kept in the household. Examples of common household animals are dogs, cats, small birds, hamsters, gerbil, other rodents, fish or turtles. 

C. Timing of Request

1. In order to adequately process a request for a support animal, students and staff are encouraged to begin the process at least 60 days prior to the start of the semester. 

D. Conflicting disabilities

1. Some people may have allergic reactions to animals that are substantial enough to qualify as disabilities. SUNY Oswego will consider the needs of both persons in meeting its obligations to reasonably accommodate all disabilities and to resolve the problem as efficiently and expeditiously as possible. Students and staff requesting allergy accommodations should contact Accessibility Resources or Human Resources.  

E. Compliance with state and local animal laws

1. Animals that are not allowed as pets in New York State, or in the Town of Oswego are not allowed as support animals.

F. Process once approved by Accessibility Resources or Human Resources

1. Residence Life and Housing will notify roommate(s), and other residents as appropriate.
2. Residence Life and Housing will address residents’ concerns related to the support animal.
3. Support animals may not enter the residence hall until the Animal Registration & Agreement form is approved by the Assistant Vice President for Residence Life and Housing or their designee.

G. Expectations for animal care and control

1. Owner is expected to provide daily and necessary care of the support animal to include bathing, feeding and managing waste.  
2. Owner is expected to minimize any disruption to the living/learning environment caused by animal odors or noises.
3. If the owner needs to take the animal outside for waste elimination, the owner is expected to keep the animal on a leash and in control at all times.
4. Owner is expected to clean up after the animal.  If the owner is unable to, it is then the responsibility of the owner to hire someone capable of cleaning up after the animal.  If necessary, contact staff if arrangements are needed to assist with cleanup.  Any cost incurred for doing so is the sole responsibility of the owner.
5. If the owner leaves campus for an extended period of time (that would impact the care of the animal), they are expected to take the animal with them. 
6. If the owner experiences an emergency (e.g. hospitalization) and is unable to care for the animal, staff will contact the emergency contact (or facility) indicated on the Animal Registration & Agreement form, to remove the animal from the residence hall until the owner is able to provide care of the animal.

H. Removing a Support Animal

1. If concerns regarding the animal are reported to Residence Life and Housing, the owner will be contacted within 24 hours and given the opportunity to address the concerns and or situation. 
2. If SUNY Oswego determines the animal to be a substantial and direct threat to the health and safety of others, the Agreement may be revoked and the owner ordered to remove the animal from campus.   This may occur as a result of a very ill animal or a substantial lack of cleanliness of the animal. 
3. In addition, failure to comply with expectations for direct care of the animal may also result in the Agreement being revoked. If this occurs, the owner will be given written notice to remove the animal within 10 days. 
4. Appeal of a decision to remove a support animal from campus should be directed to the Assistant Vice President for Residence Life and Housing, 303 Culkin Hall, 315-312-2246.

The College has adopted an internal grievance procedure for the provision of prompt and equitable resolution of complaints alleging discrimination.  Individuals who believe they have experienced discrimination based on a disability may file a grievance with the Affirmative Action Officer.  Procedures for students wishing to file a discrimination grievance are identified in the Student Handbook, section on Disabilities Accommodations.  Additionally, procedures for employees and/or students wishing to file a complaint may also be obtained from the Affirmative Action Officer.  The Affirmative Action Officer shall receive any complaint of alleged discrimination, shall assist the complainant in defining the charge, and shall provide the complainant with information regarding the options for filing internal complaints or external complaints through the federal Office of Civil Rights and/or the New York State Division of Human Rights.