Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-3 - Faculty Rules
Section 3349-3-180 - Animals on the NEOMED campus
Universal Citation: OH Admin Code 3349-3-180
Current through all regulations passed and filed through September 16, 2024
(A) Purpose
The purpose of this rule to establish rules governing the presence of animals on university property. These rules are in accordance with the Americans with Disabilities act (42 u.s.c. § 12101, et seq.) (ADA) which governs the use of service animals by individuals with disabilities and the fair housing act (42 u.s.c. § 3601, et seq.) Which governs the use of emotional support animals by individuals with disabilities in housing.
(B) Scope
This rule applies to all individuals bringing animals to the NEOMED Rootstown campus. Specific procedures regarding the presence of animals at any affiliated clinical or experiential educational site is not governed by this rule.
(C) Definitions
(1)
"Animal" for the
purposes of this rule, refers to any non-research animal.
(2)
"Controlled
space" refers to any indoor area owned or controlled by the university, and any
outdoor area owned or controlled by the university with limitations on use or
access (e.g., practice fields, stadiums, farm, tennis courts,
etc.).
(3)
"Emotional support animal" (ESA) refers to any animal
specifically designated by a qualified medical provider that provides emotional
support or alleviates one or more of the identified symptoms of a person's
disability. ESA's are also commonly known as assistance animals. ESA's are not
service animals.
(4)
"Handler" refers to an individual with a disability who
is the owner or user or trainer of a service animal or ESA, or the owner or
individual bringing an animal onto university property.
(5)
"Individual with
a disability" as used in this rule, refers to the definition proscribed by the
ADA as a person who has a physical or mental impairment that substantially
limits one or more major life activities, a person who has a history or record
of such an impairment, or a person who is perceived by others as having such an
impairment.
(6)
"Pet" for the purposes of this rule, refers to any
animal that is not a service animal, program animal or ESA.
(7)
"Program animal"
refers to animal that participates in an official university service or
program. Program animals may include therapy animals.
(7)
"Public spaces"
for purposes of this rule, refers to public spaces are outdoor areas that are
open to the general public.
(8)
"Restricted
spaces" refers to special purpose spaces such as educational or research
laboratories or the comparative medicine unit (CMU).
(9)
"Service animal"
refers to any dog or, in some circumstances, a miniature horse specifically
trained to do work or perform a task for the benefit of an individual with a
disability. The tasks performed by a service animal must directly relate to the
individual's disability.
(D) Rule
(1)
Prohibition
All individuals are generally prohibited from bringing animals into any buildings or other controlled spaces on university property. However, individuals with a disability are allowed to bring service animals and emotional support animals (ESA's) on and/or into controlled spaces as provided below. In addition, faculty, staff and students are permitted to have pets in the village (residential housing) only to the extent permitted by the lease governing their rental agreement.
(2)
Service animals
(a)
The university welcomes the presence of service animals
assisting individuals with a disability on its campus consistent with the
provisions of this rule and applicable law. A service animal is generally
permitted to be on university property in any place where the animal's handler
is permitted to be. In certain limited situations, a service animal may be
prohibited from restricted spaces (i.e. laboratories or CMU) for health and
safety reasons. The accompaniment of an individual with a disability by a
service animal to a location with health and safety restrictions will be
reviewed on a case-by-case basis by the appropriate department
representative(s) in collaboration with the offices of human resources,
environmental and occupational health and safety (EOHS) and/or student
services.
(b)
A service animal requiring access to restricted spaces
that may affect health and safety (i.e. labs, CMU) for an individual with a
disability employed by the university must be approved in advance of bringing
the animal to those restricted spaces.
(c)
Members of the
university community are prohibited from interfering in any way with a service
animal, or the duties it performs.
(3)
Emotional support
animals (ESA's)
(a)
An approved ESA for an individual with a disability who
lives in the village is permitted within the individual's privately assigned
living accommodations. However, the following may be considered when
determining whether he presence of the animal is reasonable.
(i)
The size of the
animal;
(ii)
Whether the animal is housebroken;
(iii)
The status of
the animal's vaccinations (if required);
(iv)
The animal poses
or has posed a direct threat to the individual or others (i.e. Unwarranted
aggression and/ or biting); or
(v)
The animal causes
or has caused excessive damage to property beyond normal wear and
tear
(b)
An ESA outside the private individual living
accommodations must be in an animal carrier or controlled by a leash or
harness.
(c)
ESA's are not allowed in any other controlled spaces
without advance permission.
(d)
ESA's are
permitted to be in outdoor public areas to the same extent as
pets.
(4)
Pets
Pets generally are not permitted in or on any controlled space on university property and are permitted only in outdoor areas open to the general public.
(5)
Program
animals
The use of program animals on university property will be considered on a case-by case basis. The use of program animals must be requested via the animal related program request form.
(6)
Handler's responsibilities
(a)
A service animal,
ESA, program animal or pet must be supervised directly by the handler, and the
handler must retain full control of the animal at all times while on university
property.
(b)
The animal must be in an animal carrier or controlled
by a harness, leash or tether, unless these devices interfere with the animal's
work, the individual's disability prevents using these devices, or the animal
is an ESA within the handler's own dwelling. In those cases, the handler must
maintain control of the animal through voice, signal, or other effective
controls.
(c)
Animals may not be left unattended at any time on
university property, except for service animals left in the handler's
university residence or private office space or ESA's left in the handler's
dwelling unit. The service animal or ESA may be left unattended only for
reasonable periods of time, as determined by the appropriate university staff
based on the totality of the circumstances. The university may request
impoundment of an ESA or service animal left for longer than a reasonable
period of time. Owners of impounded animals will be held responsible for
payment of any impound and/or license fees required to secure the release of
their animals.
(d)
All handlers are responsible for compliance with state
and local laws concerning animals (including registration, vaccinations, and
tags), for controlling their animals, for cleaning up any waste created by the
animal, and for any damage caused by the animal to individuals or property
while on university property.
(7)
Requests for
accommodation
(a)
Employees, students or visitors with service animals
are not required to request an accommodation for such animal under normal
circumstances. The handler may be asked only the following: what work or
task(s) the animal has been trained to perform, and whether the animal is
needed because of a disability (if not readily apparent).
(b)
If the employee's
or student's service animal will need access to restricted areas of campus that
may impact health and safety of participants or the animal itself, prior
approval is required via an accommodations request through the office of human
resources (employees) or student accessibility services
(students).
(8)
Violations of rule and the removal of animals
(a)
Access to
university property may be restricted or revoked under the circumstances
outlined below. Restrictions or exclusions will be considered on a case-by-case
basis. The university reserves the right to remove or exclude an approved
animal from university property if:
(i)
The animal poses a direct threat to health and
safety;
(ii)
The handler does not maintain control of the animal,
including but not limited to during any interactions with other
animals;
(iii)
The presence of an animal fundamentally alters a
university program;
(iv)
Improper/inadequate care of the animal is exhibited,
including if the animal is not housebroken;
(v)
Damage or harm is
caused by the animal; or
(vi)
The handler violates any of the responsibilities as
outlined in section D(6) of this rule
(b)
If the presence
of an animal poses a direct threat to the health and safety of others, the
university reserves the right to remove or exclude an animal from university
property. In such a situation, public safety may be contacted to assist in the
removal of the animal. In particular, if a handler's animal is disruptive in
the classroom, the instructor may ask the handler and their animal to leave the
classroom immediately. If a handler's animal is disruptive in the workplace,
the handler's supervisor may ask the handler and their animal to leave the
workspace immediately. If a handler's animal is disruptive at a university
event, the event organizer may ask the handler and their animal to leave the
event immediately.
(c)
In all cases, should an animal be excluded, the handler
will be allowed continued access to the workplace, educational setting or
university setting.
(9)
Exclusions
This rule expressly excludes aquarium fish, research animals under the governance of the university's IACUC and any animals used in law enforcement or rescue operations on university property.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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