Animals on Campus
1. PURPOSE
Brigham Young University–Hawaii (“BYU–Hawaii” or “university”) allows the use of Assistance Animals in compliance with this policy and state and federal laws and regulations.
2. POLICY
Animals are not allowed in university buildings or housing or to be brought on campus at any time except as otherwise provided under this policy. This prohibition extends to all university programs and activities, including but not limited to outreach programs, Seasider Sports, and student association activities. This policy does not apply to the following:
- Animals involved in authorized research, under the direction of the academic vice president;
- Law enforcement animals (e.g., police dog);
- Animals used for performance on premises or involved in a specific university-sponsored activity, such as mascots, but only as approved in advance by the line vice president with oversight over the activity;
- Animals trained for and used by the university in a clinical therapeutic setting on campus, such as the university's Counseling Services; and,
- Leashed Pets brought on university grounds for exercise (not allowed in buildings). Care and supervision of the Pet are the responsibility of owner. The owner is required to maintain control of the Pet at all times; is responsible for any injury, damage, or disruptions created by the Pet; and is responsible for the prompt cleanup of the Pet’s waste.
3. IMPLEMENTATION
3.1 Definitions
3.1.1 Assistance Animal
Assistance Animals means an Emotional Support Animal or Service Animal
3.1.2 Disability
Disability is a physical or mental condition or impairment that substantially limits one or more of a person’s major life activities. These limitations may include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning.
3.1.3 Emotional Support Animal
Emotional Support Animal means an animal that provides emotional support to alleviate one or more identified symptoms or effects of an individual’s disability and plays an integral part of an individual’s treatment process. An Emotional Support Animal does not need to have any specialized training and is not a Pet. For the purposes of this policy, the term Emotional Support Animal encompasses comfort, therapy, and companion animals.
3.1.4 Handler
Handler means a person with a Disability who is directly served by an Assistance Animal or a person who is a Service Animal’s trainer.
3.1.5 Pet
A Pet is an animal kept for personal enjoyment that does not meet the definition of Assistance Animal.
3.1.6 Service Animal
Service Animal means a dog or an animal individually trained to do work or perform tasks for the benefit of an individual with a Disability, including a physical, sensory, intellectual, or other mental disability. Examples of work or tasks that a Service Animal may perform include, but are not limited to, the following:
- assisting individuals who are vision impaired with navigation
- 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 presences of allergens
- retrieving items such as cell phones or medicine
- providing physical support and assistance with balance and stability
- assisting individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors
3.1.7 Service Animal in Training
Service Animal in Training is a dog that is being trained to do work or perform tasks for the benefit of an individual with a Disability.
3.1.8 Student Housing
Student Housing includes all on-campus housing for married and single students.
3.1.9 University Property
University Property means all real property, buildings, and facilities owned or controlled by the university.
3.2 Service Animals
Subject to the limitations set forth in this section, a Service Animal is permitted on University Property, in housing, and in university vehicles to accompany students and individuals with disabilities who participate in university programs and activities.
Federal laws prohibit asking about the nature or extent of a person’s Disability to determine if an animal is a Service Animal. When it is not readily apparent that an individual has a Disability or that a particular dog or animal is trained to perform a task to support a person with a Disability, a university employee is permitted to ask the following questions to determine if the animal qualifies as a Service Animal:
- Is the dog or miniature horse required due to a Disability?
- What task(s) has the dog or miniature horse been trained to perform?
If a Handler reports that a dog or miniature horse is required due to the Handler’s disability and has been trained to perform tasks to assist the Handler, then the animal qualifies as a Service Animal. If the animal is not required due to a Disability or has not been trained to perform a task to support the person with a disability, then it may be excluded from campus programs and activities.
University personnel may not ask persons using a Service Animal to demonstrate the task the Service Animal has been trained to perform or to document that the Service Animal has been certified, trained, or licensed as a Service Animal. Service Animals are not required to display any visible markings, including wearing vests or tags, to establish status as a Service Animal.
Due to health and safety concerns, Service Animals are generally not permitted in restricted areas on campus, including but not limited to research laboratories, boiler rooms, custodial closets, facility equipment rooms, classrooms with research/demonstration animals, areas where protective clothing is required, wood and metal shops, motor pools, rooms with heavy machinery, food preparation areas, and areas outlined in state law as being inaccessible to animals. Exceptions may be granted by the university on a case-by-case basis.
3.2.1 Students with Service Animals
To facilitate appropriate acceptance of Service Animals in classrooms and other campus areas, students with Service Animals are strongly encouraged to notify and work with the disability services coordinator, which may provide the student with Service Animal clearance documentation that establishes his/her need for the Service Animal and can be presented if desired and in place of answering any questions about the animal’s purpose. A Service Animal may not be excluded from campus because its Handler does not have such clearance documentation.
3.2.2 Service Animals in Training
An animal being trained as a Service Animal has all the same rights as a fully trained Service Animal when accompanied by a trainer on University Property and in housing. The Handlers of Service Animals in Training must comply with the portions of this policy applicable to Service Animals. As a general rule, employees (including student employees) are not permitted to have a Service Animal in Training accompany them on campus while they are working.
3.3 Emotional Support Animals in BYU–Hawaii Programs and Activities
An Emotional Support Animal is allowed on campus only under the following circumstances:
- in housing,
- under the supervision of a Student Housing resident who has requested and been granted an accommodation (see below), and
- otherwise in accordance with this policy.
An Emotional Support Animal is limited to the apartment of the student with the accommodation, to designated relief areas, and to hallways connecting the apartment to the designated relief areas. An Emotional Support animal is not allowed in other University Property locations, including classroom settings.
An Emotional Support Animal left unattended by the Handler in Student Housing for an unreasonable amount of time may be considered abandoned and may be released by the university to animal control or boarded at the Handler’s expense.
Requests for accommodation involving an Emotional Support Animal may be denied where the presence of an Emotional Support Animal imposes an undue financial or administrative burden, fundamentally alters the nature of the housing program or services, or constitutes a direct threat to others. Requests for accommodations may also be denied if an Emotional Support Animal causes or may cause significant property damage. The university does not accept requests for Emotional Support Animal accommodations and short-term stays in Student Housing.
3.4 Care and Responsibility for Assistance Animals
An Assistance Animal’s Handler is solely responsible for the Assistance Animal, including the following:
- Caring for, supervising, and maintaining control of the Assistance Animal through voice, signal, or other effective controls.
- Ensuring the Assistance Animal does not pose a direct threat to the health or safety of people or animals
- Ensuring the Assistance Animal is housebroken, relieves itself in appropriate areas, and is immediately cleaned up after
- Ensuring the Assistance Animal does not damage University Property or personal property of members of the university community
- Complying with all local licensing requirements, including registration, vaccinations, and applicable tags
- Providing to the university upon request vaccination records and documentation regarding the health and safety of the animal
If a Handler does not meet the above-listed responsibilities, the Assistance Animal may be excluded from University Property or a particular portion of University Property. On a case-by-case basis, the student life vice president, or designee, may place reasonable conditions or restrictions on an Assistance Animal.
Handlers of Assistance Animals are solely responsible for any cleaning necessitated by their Assistance Animals and for paying for any damage to property or any injury to persons or animals caused by their Assistance Animals.
3.5 Assistance Animals
Outside of uses explicitly authorized herein, employees, students, guests, and patrons of the university are prohibited at all times from bringing Assistance Animals on campus property. Any exceptions to this prohibition must be pursued in the form of an accommodation request to the disability services coordinator or, in the case of an employee, to Human Resources.
3.5.1 Assistance Animals for Student Housing Residents
Service Animals are allowed in Student Housing, subject to the conditions stated in this policy.
Emotional Support Animals are allowed in Student Housing upon university approval as detailed below and subject to the conditions stated in this policy. Student Housing residents may be approved for only one Emotional Support Animal.
Animals in the process of being declared as an Emotional Support Animal must not be in Student Housing until after the accommodation has been granted.
3.5.2 Requests for Accommodation
An individual who is under contract for or is living in Student Housing must submit a request to Disability Services to be accompanied by an Assistance Animal.
Such requests must be submitted to the disability services coordinator, at least thirty (30) days prior to bringing the animal on-campus. The disability services coordinator and Housing Operations will review each requested accommodation on a case-by-case basis to determine if the request for an Assistance Animal is reasonable.
3.5.2 Conflicting Disabilities Between Residents
Housing Operations personnel will make a reasonable effort to notify tenants in the residence building where an Assistance Animal will be located.
Students with medical conditions that are affected by animals (e.g., respiratory diseases, asthma, allergies) should contact disability services coordinator if they have a health or safety concern about exposure to an Assistance Animal and provide medical documentation that identifies the condition(s), states whether the condition is disabling, and specifies a request for an accommodation (e.g., an animal-free environment). The individual with the conflicting Disability will also be asked to fill out a Housing Accommodation Request Form and to call disability services coordinator to schedule an appointment.
The disability services coordinator and Housing Operations will strive to resolve any conflict in a timely manner, considering the conflicting needs and/or accommodations of all persons involved.
The disability services coordinator and Housing Operations may consult with Health Services as a resource for information on health issues. Moreover, such resolution may include relocating residents with Assistance Animals and/or the student(s) with conflicting Disabilities.
Notwithstanding the foregoing, the university retains the right to designate certain university apartments and/or buildings as appropriate for residents with Assistance Animals.
3.6 Assistance Animals for Employees
An employee with a Disability who requires the use of an Assistance Animal to perform the essential functions of his or her job must contact Human Resources to request an accommodation. Human Resources will have the final decision on any request for accommodation. In requesting an Assistance Animal work accommodation, the employee must provide documentation of the following:
- His/her Disability,
- The work or tasks the animal has been trained to do,
- Current animal vaccinations and licensing, and
- Any other documentation requested by Human Resources related to the requested accommodation.
3.7 Treatment of Assistance Animals
When interacting with Assistance Animals and their Handlers, members of the university community should not do any of the following:
- Touch an Assistance Animal unless invited to do so
- Feed an Assistance Animal
- Deliberately startle an Assistance Animal
- Separate or attempt to separate a Handler from his or her Assistance Animal
- Ask for details about the Handler’s Disability
3.7.1 Removal of Assistance Animals
The university may exclude or remove any Assistance Animal when it:
- Poses a direct threat to the health or safety of others; or
- Results in a fundamental alteration of the university’s program.
In Student Housing units, for example, a fundamental alteration may occur if the animal’s behavior prevents other tenants from enjoying full use of the property (e.g., through frequent barking). Any Handler who cannot control his/her Assistance Animal and who will not willingly remove their animal from campus upon request may be referred to Campus Security.
3.7.2 Misrepresentation of an Animal’s Status
The State of Hawaii prohibits individuals from misrepresenting an animal as a Service Animal. Individuals who misrepresent their animals to be Assistance Animals may be subject to discipline under the Church Educational System Honor Code or other relevant university policies and, if also residents in Student Housing, be considered in breach of their housing contract.
3.8 Feral or Wild Animals
No person may take action to attract feral or wild animals to University Property, nor engage in any other human intervention for feral or wild animals on University Property, without authorization from the director of Facilities Management. Feral or wild animals that are a potential risk, represent a hazard, cause property damage, create a nuisance, or otherwise pose a potential threat to the health or safety of humans may be regulated, controlled, and/or humanely relocated in accordance with all applicable laws and regulations