Dartmouth College Assistance Animal Policy

Policy Statement

Dartmouth continuously strives to meet its goals and requirements for inclusivity and equal access for people with disabilities. As such, Dartmouth recognizes the possible need(s) of people with disabilities for whom the use of an Assistance Animal(s) while participating in Dartmouth's education programs or activities may be necessary. This policy is designed to unify the various policies regarding the use and presence of assistance animals at Dartmouth for people with disabilities.  

This policy complies with Section 504 of the 1973 Rehabilitation Act, as amended, and the Americans with Disabilities Act (ADA) of 2008, as amended, which prohibit discrimination on the basis of disability in a college program, service, or activity; the Fair Housing Act, which prohibits discrimination on the basis of disability in a Dartmouth-controlled dwelling; and New Hampshire law (N.H. Rev. Stat. § 167-D:1, et seq) related to Service Animals. The policy applies to Assistance Animals only, and does not supplant other animal-related policies at Dartmouth.

DEFINITIONS

Americans with Disability Act (ADA): The federal law (as amended) that protects individuals with disabilities from discrimination in any program or activity for which they are qualified to participate.

Assistance Animal: An over-arching term for animals at Dartmouth who support/facilitate access to Dartmouth's programs, services, and offerings. For the purpose of this policy, an Assistance Animal could be a Service Animal, a Service Animal in-training, an Emotional Support or Comfort Animal, a Therapy Animal, or a Physical Assistance Animal.

Dartmouth Disability and Access Professional (DDAP): Each school at Dartmouth has a Disability Access Professional who is charged with the provisional or identified reasonable accommodations for staff and students. Please visit the EOATIX website to review the list of DDAPs.

Disability: For purposes of this policy, Disability is defined in accordance with the ADA, with respect to an individual as:

1. A physical or mental impairment that substantially limits one or more of the major life activities of such an individual.
2. A record of having such an impairment; or
3. Being regarded as having such an impairment.

Education Program or Activity: This includes all of Dartmouth's operations, including locations, events, or circumstances over which Dartmouth exercised substantial control over both the Respondent and the context in which the conduct occurs; and any building owned or controlled by a student organization that is officially recognized by Dartmouth. Examples include Dartmouth-sponsored, Dartmouth-funded, or otherwise Dartmouth-supported study off campus, research, internship, mentorship, summer session, conferences, meetings, social events, or other affiliated programs or premises.

Emotional Support/Comfort Animal: An animal whose presence alone mitigates active symptoms associated with a person's disability.

Fair Housing Act (FHA): A federal law that prohibits discrimination on the basis of disability in a Dartmouth-controlled dwelling.

Handler: The person, often the owner, with a disability in control of an Assistance Animal. A Handler may also be a personal care attendant who is in control of the Assistance Animal for a person with a disability.

Interactive Process: The process by which people with disabilities request reasonable accommodations, including Dartmouth's analysis and determination of those requests.

Pet: An animal that is kept for ordinary use and companionship.

Physical Assistance Animal: An animal that is not a dog or miniature horse who performs tasks for a person with a disability (e.g., a monkey that opens medication for a person without hands, or who has significant limited mobility/strength with their hands).

Reasonable Accommodation: A modification or adjustment to a class, program, or job that would allow a qualified individual with a disability to participate in the class or program, or to perform the essential functions of the job, without creating an undue burden on Dartmouth or fundamentally altering academic, conduct, or performance requirements.

Section 504 of the Rehabilitation Act (1973) 29 U.S.C. 794: A federal law that states in part:

"No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

Service Animal: An Assistance Animal 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 that a Service Animal has been trained to provide must be directly related to the person's disability. The Service Animal's work is not the provision of emotional support, well-being, comfort, or companionship under federal and state definitions. Typically, Service Animals are dogs. In some limited circumstances that generally are not applicable to Dartmouth's educational programs, or activities, a miniature horse may be permitted as a Service Animal. Dartmouth will assess requests for the use of miniature horses through the Interactive Process on a case-by-case basis.

Service Animal Trainer: As defined by New Hampshire state law,

"… a Service Animal Trainer is any person who is employed to train dogs for or is volunteering to raise dogs for a provider of Service Animals for persons with disabilities or an individual trainer who helps a person with disabilities to train his or her own service animal or an individual trainer who tests an animal to verify its eligibility for the New Hampshire service animal tag."

Service Dog-In-Training: A Service Dog-In-Training is a dog being individually trained by a Service Animal Trainer or owner to do work or perform tasks for the benefit of an individual with a disability. In New Hampshire the trainer of a Service Dog-In-Training has the same rights, responsibilities, and access as a person with a disability. Consistent with New Hampshire law, Service Dogs-In-Training will be admitted to areas of public accommodation unless the presence of the Service Dog-In-Training would jeopardize the safe operation or fundamentally alter the program, service, or activity in the location.

ANIMALS AT DARTMOUTH

Pet Animals

Dartmouth enforces a strict Pets policy for all members of the community.  The Pets policy bans the housing and presence of pets in Dartmouth buildings, residences (except fish in residential spaces), events, and activities with some exceptions.

Assistance Animals at Dartmouth

Dartmouth considers any animal whose job it is to support a person with a disability (as defined under the ADA) as an Assistance Animal.  Assistance Animals can be Service Animals, Service Animals in Training, Emotional Support Animals, Physical Assistance Animals, or Therapy Animals. All Assistance Animals must meet the following criteria to be permitted and accepted at Dartmouth's programs or activities:

1. Be in service to a person with a disability.
2. Be housebroken.
3. Be spayed or neutered.
4. Be appropriately vaccinated and in good health.
5. Be non-aggressive.
6. Be leashed, tethered, or caged.
7. Be nondisruptive.
8. Be under the control of the owner/handler at all times. 

Any animal failing to meet these basic requirements may be removed at the discretion of Dartmouth and be refused future entry. 

If an Assistance Animal causes damage to any Dartmouth property, the owner/handler is responsible for any financial payment to the Trustees of Dartmouth College and/or its subsidiaries. 

In accordance with New Hampshire state regulations, Dartmouth requires evidence of good health and vacation for all Assistance Animals. Assistance Animal health records are maintained by the ADA/504 Coordinator in the Equal Opportunity, Accessibility, and Title IX (EOATIX) Office and must be updated July 1st annually. Failure to provide evidence of health for your animal may result in the removal of the animal from Dartmouth property.   

In addition to evidence of vaccination, Dartmouth requests all people with an Assistance Animal residing in a Dartmouth controlled property provide location information of the Assistance Animal, and contact information for an external handler for emergency purposes only. Documentation can be uploaded with the completion of the Assistance Animal Registry form.

Community Notice

When an Assistance Animal is routinely present (e.g., living in a residential space, and/or is a reasonable workplace accommodation), Dartmouth may notify officials with a legitimate need to know about the animal's presence (e.g., Safety and Security, Facilities, Deans). Notification would be for the purposes of safety and security during emergencies, routine maintenance, or other business need. In the event a handler must leave an Assistance Animal unattended in their primary workspace or residence, the animal must be housed in a cage or other appropriate container.

Students, faculty, or staff who use an Assistance Animal are permitted, although not required, to share information about the presence of the animal by any means they feel most comfortable and by which are most appropriate for the circumstances (e.g., sign on the door, conversation etc.).

Community Expectations

Assistance Animals are performing a job, task, service, or meeting the needs of a person with a disability. They are not at Dartmouth to be pets, mascots, or another symbol for a house, residence hall, group, or entity. 

Community members are expected to:

1. Treat all Assistance Animals with respect.
2. Not engage Service Animals while they are working by petting, talking, trying to play, or feeding them.
3. Not taunt or disturb Assistance Animals.
4. Not create a distraction by paying undue attention to the Assistance Animal.
5. Not make assumptions about the person who uses an Assistance Animal.

Service Animals

General Expectations

Service Animals are dogs or miniature horses who perform work in service of the person with a documented disability. Presence of a Service Animal alone is insufficient to meet the requirements set forth under the ADA of a Service Animal.  Service Animals are action oriented; they must perform a task or work to create access for the person with the disability.  As Service Animals are working whenever they are with their handler, it is important to always remember the animal is working and should not be interrupted.

If the disabling condition of the person with the disability is not obvious, only two questions may be asked about the Service Animal by Dartmouth staff:

1. Is this a service animal that is required because of a disability?
2. What task or work is the animal trained to perform for the person?

If the person with the disability, or handler of the Service Animal, indicates the animal is anything other than a Service Animal, or, if the answers do not provide clarity, the person with the disability using the Service Animal should be referred to the local Dartmouth Disability and Access Professional (DDAP) office. The DDAP will determine if the animal meets the standard of a Service Animal. 

In accordance with the ADA, Dartmouth officials may not request proof of training or any other certification that the animal is a Service Animal. As stated above, the handler must be always in control of the Service Animal. This can be accomplished by leash or verbal command. Consistent with the ADA, Service Animals are not required to wear special vests, ID tags, or harnesses signifying they have a Service Animal designation. There are no governmentally recognized Service Animal registries where Service Animals are recorded.

The Service Animal's owner is responsible for the health and safety of the Service Animal. In certain circumstances (e.g., labs) specialized equipment for the protection of a Service Animal may be required at the owner's expense. When a person with a Service Animal will be engaging in spaces that are potentially hazardous (e.g., contain biohazards), the person in need of the Service Animal is expected to work with their DDAP for their school/unit to determine if/what safety protocols may be needed. Additionally, when a person with a Service Animal will be engaging in spaces that are potentially hazardous, Dartmouth recommends the Service Animal owner/handler consult with the Service Animal's veterinarian for additional recommendations.  As specified by the ADA, Dartmouth officials may not request proof of training or any other certification that the animal is a Service Animal. 

Dartmouth reserves the right to remove a Service Animal (permanently or temporarily), if a service animal is aggressive, (including growling, biting), disruptive (including barking, whining, jumping) or destructive (causing damage to furniture, carpets, doors) (not exhaustive examples). If a Service Animal must be removed the owner of the Service Animal will be responsible for any financial charges resulting from the removal process. The appropriate DDAP will work with the student or employee to determine if alternate reasonable accommodations are appropriate and can be implemented in lieu of the Service Animal's presence.

Employees

Service Animals are a potential reasonable accommodation for employees (including student employees) who need the assistance of a Service Animal due to a documented disability. As with all employee reasonable accommodations, permission to have a Service Animal accommodation at work follows the same process as all employee accommodation requests and must be renewed at least annually. If a Service Animal is approved as a reasonable accommodation, the employee must provide evidence of health and vaccination to the ADA/504 Coordinator of the EOATIX Office by completing the Assistance Animal Registry form annually. In addition to health and vaccination information, Dartmouth requests information of an emergency contact (not residing at Dartmouth) who can assume care for the Assistance Animal in the event of an emergency. 

Employee Service Animal accommodations require:

1. Documentation from a licensed medical provider that establishes the employee's disability,
2. Information related to the need for accommodation, and
3. Explaination of what task or element of the job the service animal supports or provides access.

When a Service Animal is permitted as part of a reasonable accommodation plan for an employee, the Service Animal must always remain with the employee, unless the action or task they perform requires them to briefly leave their handler (e.g., fetching medication). The care of the service animal cannot be transferred to another employee, student, or Dartmouth community member.

A Service Animal provides direct service or work for the employee (e.g., may fetch medication). A Service Animal may not be an appropriate reasonable accommodation if the animal's presence becomes part of, or, facilitates an essential element of an employee's job simply by being present. For example a service animal cannot be a conduit for social interactions if a person's job is to promote social discourse among students.  Additionally, Service Animals cannot create a disruption in the workplace by barking or unruly behavior. If a Service Animal causes damage to Dartmouth property, it may be removed and the owner is responsible to reimburse the Trustees of Dartmouth College for any costs incurred by Dartmouth in the restoration of the damage.

Students

The process for students with disabilities to have a Service Animal at Dartmouth differs from traditional reasonable accommodation request processes, as no registration is required with the disability/accessibility office in the affiliated school. Nevertheless, Dartmouth encourages students who use Service Animals to register with the disability office affiliated with their school.

Students' Service Animals are permitted to be anywhere at Dartmouth where the student is permitted to be. However, there may be some locations and activities where animals including service animals are not permitted for health and safety reasons, including:

• Research and teaching laboratories, clinics, and operating rooms.
• Mechanical rooms/maintenance closets
• Food service preparation areas
• The environment would create hazardous conditions for the Service Animal.
  • In some circumstances, personal protective equipment (PPE) specifically designed for animal protections could mitigate environmental hazards. A student who uses a Service Animal should speak with their DDAP to determine what protections may be necessary for a particular class or activity.

Students who will be living at Dartmouth should alert the Office of Residential Life that a Service Animal will accompany them at least 60 days ahead of the term the Service Animal will be in residence. 

Students who use Service Animals at Dartmouth are required to provide documentation of health and vaccination consistent with the state of New Hampshire and Town of Hanover standards.  The ADA/504 Coordinator in the Office of Equal Opportunity, Accessibility, and Title IX will maintain Service Animal records. Students must update this information for their Service Annimal annually. 

Service Animals are not required to demonstrate proof of the task or work identified by their handler/owner.

Service Animals and Service Animals in Training must meet the requirements of all animals at Dartmouth. All Assistance Animals must be housebroken, be spayed or neutered, be fully vaccinated, and be fully under the control of their handler at all times.

Alumni and Visitors

Alumni and visitors who use a Service Animal in their daily lives are welcomed to bring their Service Animal to Dartmouth's education programs and activities providing the animal meets the criteria identified above and meets state and local health requirements. 

Service Animals In-Training

Service Animals In-Training are dogs who are in the process of becoming a Service Animal.  Although the federal government does not offer protections for Service Animals in Training, the state of New Hampshire indicates that Service Animals in Training have the same level of access and responsibilities as a Service Animal. 

• They must be under the control of their owner/handler at all times.
  • Typically, this means being on a leash or tether unless the owner/handler has a disability that makes this impossible; then, they must be under control by other appropriate means.
• They must not be disruptive or destructive.
• They must not be aggressive.

Emotional Support Animals (ESA)

An Emotional Support animal (ESA) (also known as a Comfort Animal) is an animal whose presence alone may provide comfort and/or alleviate symptoms associated with a disability. ESAs may be reasonable accommodations and follow the customary interactive processes, documentation requirements, and protocols any other reasonable accommodation requests follow. ESAs are not limited to dogs.

Dartmouth prohibits animals that are poisonous, venomous, considered to be dangerous or deadly, not housebroken, not spayed or neutered, unwell, uncontrollable, and disruptive. 

Often, ESAs are limited to residential living spaces and not permitted in other areas at Dartmouth's education programs and activities. If a disability-related barrier exists in a work, learning, or another environment where an ESA might be an appropriate and necessary reasonable accommodation, Dartmouth students, employees, and/or guests are welcome to put forward a reasonable accommodation request. 

Students should contact their local Disability or Accessibility office at least sixty (60) days prior to the start of the term if they are requesting an ESA accommodation. This additional time allows time to work with other Dartmouth offices (e.g. Residential Life).  ESAs will not be permitted in residence, at work, or in attendance without a previously approved reasonable accommodation.

Students should contact the Dartmouth Disability & Access Professional for their school to begin the reasonable accommodation process for ESAs.

Employees and guests should contact the ADA/504 Coordinator in the Office of Equal Opportunity, Accessiblity, and Title IX (EOATIX).

Therapy Animals

Animal-Assisted Therapies use trained Therapy Animals in the delivery of the therapeutic process with a licensed clinician. Therapy Animals are not considered reasonable accommodations or Service Animals due to their distinct relationship with the clinician and the clinical process. Therapy Animals are not permitted at Dartmouth's education programs or activities without the sponsorship of an official Dartmouth office such as the Counseling and Mental Health Office. 

Physical Assistance Animals

Physical Assistance Animals perform specific tasks for a person with a disability that are beyond the capability of a Service Animal.  Physical Assistance Animals are part of the potential range of reasonable accommodations for students, staff, or visitors at Dartmouth. For example, a person with severely limited use of their hands may have a Physical Assistance Animal that is a monkey, whose tasks include opening medication, opening doors, or other action that cannot be facilitated in other ways. Physical Assistance Animals are rare but, may be a reasonable and necessary accommodation.

Dartmouth Community Member Responsibilities

All members of the Dartmouth community, including faculty, staff, and students, are expected to abide by the following when encountering an Assistance Animal:

• Allow the animal to accompany a person with a disability.
• Do not ask for details about a person's disability.
• Do not pet the animal or otherwise distract the animal from its work.
• Do not feed the animal.
• Do not deliberately startle, tease, or taunt the animal.
• Do not separate or attempt to separate a person from their animal.

General Inquiries

General inquiries about an animal at Dartmouth should be directed to Dartmouth Safety and Security.

If a community member has a concern about an animal that is at a Dartmouth education program or activity that is unrestrained or causing a nuisance. They should contact Dartmouth's Department of Safety and Security and provide the relevant information, including date, time, location, description, and contact information should additional information be necessary.

Department of Safety and Security
5 Rope Ferry Road, 3rd floor
Hanover, NH 03755
(603) 646-4000
(603) 646-3333 (emergency)
Email: Safety.and.Security@dartmouth.edu

REPORTING OR FILING A COMPLAINT

Complaints regarding Assistance Animals are reviewed by the ADA/504 Coordinator and the Office of Equal Opportunity, Accessibility, and Title IX (EOATIX). The ADA/504 Coordinator will not review reports or complaints regarding animals whose presence is not affiliated with Dartmouth's obligations under accessibility/disability laws.  All concerns related to animals that are not Assistance Animals should be referred to Facilities Management.

In an emergency, if an animal is aggressive, disruptive or the handler refuses to gain control of the animal, please contact Dartmouth Safety and Security at (603) 646-4000. If an animal at a Dartmouth education program or activity presents a barrier to the rights of an individual with a disability, please contact the appropriate disability/accessibility office for students, employees, or visitors.

The ADA/504 Coordinator and EOATIX will document every report or complaint, any actions taken in response to the report or complaint, and the resolution, by one of the methods described below; and will retain copies of all reports generated as a result of any investigation. These records will be kept private to the extent required or permitted by law. Complainants and Respondents shall have access to their respective records to the extent required by the Family Educational Rights and Privacy Act and/or New Hampshire legal requirements for access to personnel records.

To report or file a complaint about an animal believed to be related to disability, please complete the online reporting form. Within three (3) business days, the EOATIX Office will contact you to arrange a meeting to discuss your concern or complaint. Please note complaints require a statement with specific information to aid in an investigation should one be necessary. 

Resolution Processes

Reports involving the Accommodation Process

For reports involving any action, inaction, or decision made by Dartmouth with respect to granting or failing to grant a reasonable accommodation for a disability that has been documented through one of Dartmouth's accommodation offices, the matter will be reviewed in accordance with the Dartmouth College Disability Accommodation Appeal Policy.

Reports involving Discrimination

For reports involving allegations of disability-related discrimination unrelated to the accommodation process, the matter will be reviewed in accordance with the Dartmouth Nondiscrimination and Anti-Harassment Policy and Resolution Procedures.

Reports involving provisions of the Assistance Animal Policy

For reports involving provisions of the Assistance Animal Policy not related to the accommodation process or disability-related discrimination, the ADA/504 Coordinator or designee will review and document the reports in accordance with the following:

1. ADA/504 Coordinator or designee will conduct the review of reports regarding the provisions related to Assistance Animals using the guidance of this policy and applicable federal, state, and local disability laws related to Assistance Animals.
2. ADA/504 Coordinator or designee will attempt to resolve the issues with the owner/handler and issue a written determination.
   1. If the matter requires formal investigation, then the matter will be investigated by the Director of Investigative Services or their designee. The investigation will be fact-gathering only.
   2. ADA/504 Coordinator or designee will review the investigation report and issue a written determination.
3. Written determination of findings are communicated as being responsible or not responsible through an outcome letter. Regarding findings of responsible, the owner/handler has full responsibility to implement any recommended corrective measures to ensure future complaints are not made. Repeated findings of responsible about the same animal/handler may result in the animal being removed from Dartmouth.
4. Appeals
   1. The Appellate Officer will be the Vice President of EOATIX or their designee. Requests for appeal, including any supportive information, must be submitted in writing to the Appellate Officer within three business days following the receipt of the outcome letter.
   2. Appeals must be based on one or more of these limited grounds:
      1. Substantial procedural irregularity that affected the outcome of the matter and/or sanction; or
      2. New evidence, not reasonably available at the time of the investigation, that could affect the outcome of the matter.
   3. Appeals that are not based on one or more of these grounds shall be denied by the Appellate Officer.  If either or both of these grounds are substantiated, the appeal will be granted.  If the appeal is denied, the matter is closed, and the determination is final. If an appeal is granted, the Appellate Officer may, at their discretion, send the case back to the investigator for additional fact-finding, or they may modify the decision.

Dartmouth reserves the right to have animals removed if complaints are investigated and found to be supported, or, if an Assistance Animal has been significantly aggressive (e.g., biting). Once an animal is no longer welcomed at Dartmouth, a request to return the animal to Dartmouth may be made to the ADA/504 Coordinator or designee.

Requests to Return to Dartmouth

Initiating a return to a Dartmouth education program or activity for an animal removed due to a failure to meet standards begins with the community member requesting a meeting with the ADA/504 Coordinator. 

During the meeting, the ADA/504 Coordinator or designee will assess the degree to which the problematic behaviors have been rectified. If approved to return to Dartmouth, the ADA/504 Coordinator or designee will provide a return date. If the behaviors that prompted the animal's removal from Dartmouth return, the handler will be informed the animal must leave and will not be allowed to return.

AMENDMENT

Amendments to this policy and all other applicable procedures under this policy ("Amendments") shall be made as follows:  

1. Amendments to update or correct information regarding resources, contacts, or other factual items may be made on an ongoing basis by the EOATIX Office and shall become effective upon publication on the EOATIX Office website and the Dartmouth Policy Portal.  
2. This policy may be revoked or amended by Dartmouth, in whole or in part, from time to time, via the Office of Equal Opportunity, Accessibility, and Title IX, which is authorized to make revocations or amendments on behalf of Dartmouth, in consultation with the Vice President of EOATIX, the Provost, and the Executive Vice President. Any such revocation or amendment shall become effective upon adoption by EOATIX, or as of such other time as EOATIX shall specify and will be reflected in the current version of the policy posted within the Dartmouth College Policy Portal. Amendments to ensure legal compliance will include consultation with the Office of General Counsel. Questions or disputes regarding the application, interpretation or implementation of this policy shall be resolved by EOATIX; the decision of such office on the matter shall be binding on Dartmouth and all individuals subject to this policy.