Service Animals

Service Dog

Is it a dog? Yes.

Is it individually trained to do work or perform tasks for the benefit of a disability? Yes.

Then, this is a service animal.

• According to the ADA, it is the handler's right to have the dog provide a service.
• The animal can go everywhere the handler goes, and the animal is trained to respond to the handler's needs.
• The use of this animal on campus does not prompt registration with SAR.

Service Dog in Training

Is it a dog? Yes.

Are you training it to perform a task for the benefit of a disability? Yes.

Is the dog required to be accompanied by an approved trainer at all times? Yes.

Then this is a service animal in training.

• The ADA recognizes one's ability to train their own animal. However, the ADA does not recognize a service animal in training as a service dog and does not allow the same access.
• Texas Law allows for Service Animals in Training, but the animal must be accompanied by an approved handler at all times.
• The use of this animal on campus must be approved through SAR.
• If the student is the approved (certified) trainer, then documentation stating such must be provided to SAR. If the student is NOT an approved trainer, the student and the service dog in training must be accompanied by an approved trainer at all times.

Emotional Support Animal

Is it a domesticated animal that is traditionally kept in the home as a pet, such as a dog, cat, small bird, rabbit, hamster, gerbil, other rodent, fish, turtle, or other small, domesticated animal? Yes.

Is it trained to respond to any stimuli? No.

Is the animal's presence its value? Yes.

Then this is an emotional support animal.

• Covered under the FHA (not recognized by the ADA because there is no right to comfort).
• Animal's presence as support, well-being, or comfort does not constitute work or tasks.
• The use of this animal in Housing must be approved through SAR and University Housing prior to being able to bring the animal into any residence hall.

Individuals with disabilities may be accompanied by their service animals in all University of Texas at Tyler buildings where members of the public, or participants in services, programs or activities, are allowed to go. By law, a service animal means any dog that is 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. Other species of animals, whether wild or domesticated, trained or untrained, are not service animals. In some cases, the University may permit miniature horses on campus on a case-by-case basis, consistent with applicable law.

The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of such tasks include, but are not limited to: assisting an individual with low vision with navigation; alerting individuals who are hard of hearing to the presence of people or objects; pulling a person's wheelchair; or providing assistance with stability or balance to an individual with a mobility disability.

Federal law does not require the individual to provide documentation that an animal has been trained as a service animal. The University may, however, ask if the animal is required because of a disability, as well as what work or task the animal has been trained to perform.

Exceptions

The University may exclude a service animal from campus if its behavior poses a direct threat to the health or safety of others or when its presence fundamentally alters the nature of a program or activity. Furthermore, the University may ask an individual with a disability to remove a service animal from campus if the animal is out of control and the individual does not take effective action to control it; or if the animal is not housebroken. The service animal is considered an extension of the student and thus, is subject to the same code of conduct as a student would follow. Disruptive behavior by a service animal will be grounds for removal from an academic setting in the same manner that a disruptive student will be removed from the same environment.

Responsibilities of Individuals with Service Animals

The University is not responsible for the care or supervision of a service animal. Individuals with disabilities are responsible for the control of their service animals at all times and must comply with all applicable laws and regulations, including vaccination, animal health and leash laws. A service animal shall be restrained with a harness, leash, or other tether, unless an individual's disability precludes the use of a restraint or if the restraint would interfere with the service animal's safe, effective performance of work or tasks. If a service animal is not tethered, it must be otherwise under the individual's control, whether by voice control, signals, or other effective means.

Individuals are responsible for ensuring the immediate clean-up and proper disposal of all animal waste. Although the University may not charge an individual with a disability a service animal surcharge, it may impose charges for damages caused by a service animal in the same manner the University imposes charges for damages caused by students.

A service animal is defined in Title II Section 35.104 under the ADA as a dog that is 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. Service animals are allowed in public places because of the owner's need for the animal at all times.

Federal law does not require the individual to provide documentation that an animal has been trained as a service animal. The University staff/faculty may ask if the animal is required because of a disability, and what work or task the animal has been trained to perform. In general, service animals are permitted access to public buildings and campus facilities. However, to live in a public housing complex, University Housing is permitted to request vaccination and shot records to ensure the safety and health of the community and other animals.

The University may exclude a service animal from campus if its behavior poses a direct threat to the health or safety of others or when its presence fundamentally alters the nature of a program or activity. The service animal is considered an extension of the student and thus, is subject to the same code of conduct as a student would follow. Disruptive behavior by a service animal will be grounds for removal from an academic setting in the same manner that a disruptive student will be removed from the same environment. TTU is not responsible for the care or supervision of a service animal. Individuals with disabilities are responsible for the control of their service animals at all times.

SAR complies with all federal and state disability laws to ensure equal access for qualifying persons with a disability to educational programs, services, and activities. All questions regarding service animals should be directed to SAR at saroffice@uttyler.edu .

ADA Service Animal Terms

The document published by OCR addresses two key points:

1. The ADA does not require service animals to be professionally trained. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.
2. However,service-animals-in-training are not considered service animals. Under the ADA, the dog must already be trained before it can be taken into public places. Thus, until the training is complete, the service animal in training does not have the same protection and privileges as a fully trained service animal. Some state laws (including those in the state of Texas)* or local laws cover animals that are still in training.

* The State of Texas recognizes Service-Animals-in-Training to have access to the same areas as trained service animals as long as they are accompanied by an approved trainer. 

* The State of Texas Code Section 121.003 states: (i) A service-animal-in-training shall not be denied admittance to any public facility when accompanied by an approved trainer.

Requirements for Service Animal (dog) in Training

• The animal must be at least one year of age.
• The animal must meet all standards of behavior that mirrors a trained service animal. This means that the animal is under the owner's control at all times, and the animal is leashed at all times .

The ADA requires service animals be under the control of the handler at all times. The service animal must be harnessed, leashed, or tethered while in public places unless this interferes with the service animal's work or task. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. Under control also means a service animal should not be allowed to bark repeatedly in an otherwise quiet place.

• Additional service animal guidelines include all of the following:
  • The animal must be housebroken
  • The animal must have its current required vaccinations
  • The animal must wear its collar and tags at all times.