AP 3440 Service/Assistance Animals
References:
The Americans with Disabilities Act of 1990 -- 42 U.S. Code Sections 12101 et seq.;
28 Code of Federal Regulations Part 35;
28 Code of Federal Regulations Part 36;
34 Code of Federal Regulations Part 104.44(b)
ORS 659A.143
OAR 839-006-0345
NWCCU 2020 Standards 2. C. 2
Purpose and Scope
Rogue Community College (RCC) recognizes the right of individuals with disabilities to be accompanied by service animals in accordance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Oregon law (ORS 659A.143). This policy establishes guidelines for the presence of service animals and service animals in training in RCC facilities and on RCC campuses and clarifies the responsibilities of both the handler and the College.
Definition of a Service Animal
Under the ADA, a service animal is defined as a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including physical, sensory, psychiatric, intellectual, or other mental disabilities. Miniature horses may also qualify as service animals under specific circumstances as outlined by the ADA.
Emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA, as their presence alone does not constitute trained work or tasks.
Access Rights
Individuals with disabilities are permitted to be accompanied by their service animal in all areas of RCC facilities where members of the public, students, or employees are allowed to go. This includes classrooms, offices, meeting spaces, cafeterias, and other public areas. Individuals training a service animal under ORS 659A.143 are also afforded access consistent with this policy.
Control and Behavior
Service animals must be under the control of their handler at all times. The animal should be harnessed, leashed, or tethered unless these devices interfere with the service animal’s work or the handler’s disability prevents their use. In such cases, the handler must maintain control of the animal through voice, signal, or other effective means.
Handlers are responsible for ensuring their service animal behaves appropriately. Unacceptable behaviors such as uncontrolled barking, jumping, or aggression not related to the service provided may result in temporary removal of the animal. RCC will engage in an interactive process before making any final determination regarding continued access.
Exceptions
RCC may request that a service animal be removed from campus if the animal is out of control and the handler does not take effective action to control it, if the animal is not housebroken, or if the animal poses a direct threat to the health or safety of others. If an animal is removed, RCC will provide the individual the opportunity to continue to access programs, services, or activities without the animal.
Miniature Horse Assessment Factors
RCC will consider requests for the use of a miniature horse on a case-by-case basis, evaluating the following factors:
- The type, size, and weight of the miniature horse and whether the facility can accommodate these features;
- Whether the handler has sufficient control of the miniature horse;
- Whether the miniature horse is housebroken; and
- Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
Responsibilities of Handlers
Handlers are responsible for the care, supervision, and control of their service animals at all times. RCC is not responsible for feeding, walking, or cleaning up after a service animal.
Handlers must ensure their animal complies with local laws regarding vaccinations, licensing, and identification tags. Identification or certification is not required but is encouraged to help others recognize the animal as a working service animal.
Permitted Inquiries
When it is not apparent what service an animal provides, RCC employees may ask two questions:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
Should the above questions not be answered, the employee should refer to the appropriate complaint process for resolution.
RCC will not ask these questions when it is clear that an animal is trained to perform work or tasks for a person with a disability. For example, if the dog is guiding someone who is blind or has low vision, pulling a wheelchair, or helping a person with balance or mobility.
Vaccination Requirements
All service animals must be current on required vaccinations, including but not limited to the initial series of basic vaccinations as defined by state and local public health regulations (such as rabies).
It is the responsibility of the handler to ensure vaccinations are complete and up to date before bringing the animal to campus.
Student Procedures
- Students registered with Access and Disability Resources (Access):
Vaccination records will be requested during the student’s initial meeting with Access.
The handler must provide vaccination documentation within two (2) weeks of that meeting or before the start of the academic term, whichever comes first. - Students not working directly with Access:
Students who choose not to register with Access may instead provide vaccination documentation directly to the Office of Risk Management.
These records must also be submitted prior to the start of the academic term to maintain compliance with campus safety requirements.
Employees, Volunteers, and Visitors
- Employees, volunteers, and visitors who bring service animals to campus will provide their vaccination documentation directly to the Office of Risk Management before the animal enters campus facilities.
Record Storage and Privacy
Service animal vaccination records will be stored in a secure, shared location accessible only to Access and Disability Resources and Risk Management. All records will be handled in accordance with college privacy and data protection standards. Records may be updated annually or as required by state or local law.
No Surcharge
RCC will not require or charge an individual with a disability any fee, deposit, or surcharge to have a service animal on campus. This applies even if individuals accompanied by pets are normally required to pay such fees. Service animals are not considered pets. However, if RCC typically charges individuals for damage they or their pets cause, the college may charge an individual with a disability for any damage caused by their service animal, consistent with the college’s standard damage and repair procedures.
Complaint or Appeal Process
Any individual who believes their rights under this policy have been violated may file a complaint with RCC’s ADA Coordinator or through the College’s established grievance procedure.
Rescinds Policy Number: II.B.060
Approved: April 6, 2021
Revised: May 7, 2024; January 13, 2026