It is the policy of The Cleveland Institute of Art, in accordance with the provisions set forth by Title IX of the Higher Education Act (1972 and as amended), Section 504 of the Rehabilitation Act of 1973, and other federal regulations, not to discriminate on the basis of race, color, creed, national or ethnic origin, gender, sexual orientation, age or disability, in employment practices, administration of educational policies, admission, scholarship and loan programs, and other college-administered programs and activities.
Pets and other animals are restricted on the CIA campus. Students requesting an accommodation of a service animal as established and defined by the Americans with Disabilities Act (ADA), shall not be excluded from CIA housing, facilities or activities.
Requests for emotional support animals (animals that individuals with disabilities utilize for emotional support, well-being, or comfort) are reviewed on a case-by-case basis.
Requests for Accommodation:
Students should make requests to have a service or emotional support animal in CIA facilities to the Learning Support Services Coordinator, Cleveland Institute of Art, 11610 Euclid Avenue, Cleveland, OH 44106, at least 30 days prior to the start of the semester for which the request is being made. When it is not readily apparent that an animal is a service animal as defined by ADA, or an emotional support animal under the Fair Housing Act (FHA), Learning Support Services may require sufficient documentation to determine which definition is appropriate to the animal. This process may include additional conversations between Learning Support Services staff and the requesting student.
Definition: Service Animal
Under ADA, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. ADA defines a service animal as a dog individually trained to work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether trained or untrained, are not considered services animals (with the exception of miniature horses). The work or tasks performed by a service animal must be directly related to the handler’s disability. 1 According to the U.S. Department of Justice and Disability Rights Ohio-(http://www.disabilityrightsohio.org/service-animals), examples of work or tasks include, but are not limited to:
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assisting individuals who are blind or have low vision with navigation and other tasks,
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alerting individuals who are deaf or hard of hearing to the presence of people or sounds,
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pulling a wheelchair;
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assisting during a seizure;
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alerting to the presence of allergens;
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retrieving items, such as medicine or the telephone;
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providing physical support and assistance with balance and stability to a person with a mobility disability; and
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helping a person with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors.
Documentation and Inquiries Regarding Service Animals:
By law, the Institute is entitled to make the following inquiries to determine if an animal qualifies as a service animal:
When it is not readily apparent that the individual has a disability or whether an animal meets the definition of a service animal, the Institute may require the student to submit documentation from the treating health care provider and the organization that trained the animal, with the following information:
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the individual has a disability for which the animal is necessary
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how the animal assists the person, including whether the animal has undergone any specific training related to the task(s)
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the relationship between the disability and the assistance the animal provides2
Responsibilities of the Student with a Service Animal:
The service animal must be under the control of its handler. A harness, leash, or other tether must be used unless the handler is unable because of the disability to use a harness, leash, or other tether, or if the use of a harness, leash, or other tether interferes with the service animal’s safe, effective performance of the work or task. In such cases, the service animal must remain under the student’s control, by means such as voice control.
The student must provide care and supervision of the service animal. The Institute is not responsible for the animal’s care or supervision.
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All students are responsible to clean up after and properly dispose of their animal's feces while on campus.
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The animal must not be placed in a location blocking access for others.
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It is the handler's responsibility to ensure that the service animal is in good health, clean, free of fleas and ticks, and is at all times in compliance with all Ohio state laws and requirements associated with licensing, vaccinations, and other health regulations.
Exceptions:
The Cleveland Institute of Art may ask a student with a disability to remove a service animal from the premises if the animal is out of control and the student does not take effective action to control it, or if the animal is not housebroken. If CIA properly excludes a service animal, it must give the student the opportunity to obtain goods, services, and accommodations without having the service animal on Institute property.
Definition: Emotional Support Animal
An emotional support animal provides companionship, affection, security, calming influence, and emotional support, or otherwise functions as part of a regimen of prescribed psychological treatment. Federal law does not give a student the right to have an emotional support animal on campus except in housing as required; only service animals are recognized under Section 504 of the Rehabilitation Act and ADA. While a college or university may be required to reasonably accommodate an emotional support animal in a residence hall or campus-operated apartment under FHA regulations, the institution is not required to permit an emotional support animal in other areas or buildings on campus unless the animal also qualifies as service animal under ADA and Section 504 of the Rehabilitation Act.3
Emotional Support Animals and Housing Accommodations:
The Fair Housing Act (FHA) governs emotional support animals in campus housing.4 Students requesting an emotional support animal as an accommodation under FHA should submit documentation from the treating health care provider with the following information, and submit the documentation to the Learning Support Services office:
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the student has a disability;
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the animal is necessary to afford the student with the disability equal opportunity to use and enjoy the dwelling; and
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there is an identifiable relationship or nexus between the disability and the assistance the animal provides.
Emotional Support Animals in Campus Facilities other than Housing:
Requests to have emotional support animals in facilities other than housing will be considered on a case-by-case basis, should include the documentation elements noted above, and be submitted to the Learning Support Services office.
Responsibilities of the Student with an Emotional Support Animal:
The emotional support animal must be under the control of its handler. A harness, leash, or other tether must be used.
The student must provide care and supervision of the emotional support animal. The Institute is not responsible for the animal’s care or supervision.
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All students are responsible to clean up after and properly dispose of their animal's feces while on campus.
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The animal must not be placed in a location blocking access for others.
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It is the handler's responsibility to ensure that the animal is in good health, clean, free of fleas and ticks, and is at all times in compliance with all Ohio state laws and requirements associated with licensing, vaccinations, and other health regulations.
Removal of an Animal from Campus:
The Cleveland Institute of Art may ask an individual with a disability to remove an emotional support animal from the premises if the animal is out of control and the handler does not take effective action to control it, or if the animal is not housebroken. Failure to meet these responsibilities may result in termination of permission to have the emotional support animal in housing or other areas on campus.
Grievance Procedure:
Students who wish to appeal a denied request for use of a service or emotional support animal should follow the grievance procedure outlined below:
A student with a documented disability, as defined by the ADA and the Rehabilitation Act, who is denied any requested accommodation or service by the LSS Coordinator can appeal the matter in writing to the Dean of Student Affairs. The statement should be a specific as possible about the nature of and basis for the appeal. In reviewing the appeal, the Dean of Student Affairs may interview the student and other appropriate parties, request documents or other materials and conduct appropriate reviews. The Dean of Student Affairs shall attempt to resolve the grievance as promptly as possible. It is expected that normally this will take place with five (5) business days. The decision of the Dean of Student Affairs will be considered final.
Accommodations recommended by the Learning Support Services Office and established by the student’s documentation will continue while grievance is pending.
4-20-15
Footnotes:
1 http://www.ada.gov/service_animals_2010.htm
2 http://www.disabilityrightsohio.org/service-animals
3 http://counsel.cua.edu/fedlaw/nacuanoteserviceanimalsupdate.cfm
4 http://www.nacua.org/documents/FHA_Memo_ServiceAnimals.PDF