POL - 80.01.3 Service and Emotional Support Animals in the Workplace Policy

1. Purpose

North Carolina Central University (NCCU or University) is committed to and accessible to all individuals with disabilities and providing those individuals with access to programs, services, and facilities. We recognize that individuals with disabilities may require the assistance of Service or Emotional Support Animals (ESA’s) while on University property. The purpose of this regulation is to address the use of service and emotional support animals by eligible individuals with disabilities at the University.

2. Covered Employees

This Regulation applies to all NCCU employees, applicants for employment, volunteers, interns, and visitors requesting access to university facilities with a service animal. Student accommodations involving service animals or emotional support animals are governed by NCCU REG 40.01.5.

3. Definitions

3.1 Emotional Support Animal: An animal recommended for an individual with a disability by a healthcare or mental health professional to provide therapeutic support, such as alleviating symptoms of the individual's disability. Unlike service animals, ESAs do not perform tasks directly related to a disability and may not accompany the person in all public areas. ESAs generally have housing access rights, but not public access rights unless specifically approved by SAC or Human Resources. ESA may also be referred to as “Comfort Animals.”28 C.F.R. § 35.104.

3.2 Service Animal: A dog (or miniature horse) 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 disability. The work or tasks performed by a Service Animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

3.3 Pet: An animal kept for ordinary use and companionship. Pets are not considered to be a service animal or ESA and are not covered by this regulation. Pets are prohibited in university buildings, including university housing.

3.4 Domestic Animal: An animal that is a member of a species that normally and customarily shares human habitat in North Carolina and is normally dependent on humans for food and shelter in the county, including dogs, cats, and other common domestic animals. Feral or wild animals, as defined below, are excluded.

3.5 Feral or Wild Animal: A non-domesticated animal found in the wild or living in a wild state. These animals may pose a hazard, cause property damage, create a nuisance, or present a potential threat to human health or safety. Feral or wild animals that do not pose a risk and do not require human intervention may remain on campus grounds but may not be brought into campus buildings. No person may attract, feed, or otherwise interact with these animals in a way that encourages dependence.

3.6 Person with a Disability: A person with a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. 28 C.F.R. § 35.104.

3.7 Therapy Animal: An animal trained for animal-assisted therapy (AAT), as demonstrated by a Canine Good Citizen (CGC) certificate from the American Kennel Club (AKC) or national therapy animal organizations such as the Delta Society or Therapy Dogs International. Therapy animals are permitted only in a therapeutic setting with approval by the relevant unit head and may not be considered service animals.

3.8 Visitor: an individual other than an employee faculty, staff, or student who is a guest on campus or one who participates in a university program, service, or activity.

3.9 Direct Threat: A significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. 28 C.F.R. § 35.104.

3.10 Owner/Handler: A person with a service animal or ESA who is responsible for the care and control of the animal in accordance with this regulation.

3.11 Reasonable Accommodations: Appropriate modifications or adjustments to the work environment, job application process, policies, practices, or procedures that enable a qualified employee or applicant with a disability to perform the essential functions of a position and enjoy equal employment opportunities, benefits, and privileges of employment comparable to those available to similarly situated employees without disabilities. Reasonable accommodations are determined through an individualized assessment and interactive process in accordance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, applicable State policies, and University procedures. Accommodations may include, when appropriate and approved through the interactive process, the presence of a Service Animal or Emotional Support Animal in the workplace, provided such accommodation does not create an undue hardship, direct threat, or fundamental alteration of University operations.

4. Service Animals

4.1 Employees with disabilities may be accompanied by a Service Animal in University workplaces and facilities in accordance with applicable federal and state law and NCCU REG 40.01.5.

A Service Animal is defined as a dog, or in some circumstances a miniature horse, that is individually trained to perform work or tasks directly related to an individual's disability. The work or tasks performed by the Service Animal must be directly related to the employee's disability.

Employees seeking to utilize a Service Animal in the workplace should notify the Office of Human Resources as early as possible to facilitate communication regarding workplace access, safety considerations, and any operational requirements. Human Resources may engage in an interactive process when necessary to address workplace-specific concerns and ensure appropriate implementation.

4.2 Service Animals are allowed to travel with their owners in most areas on campus – including offices and clinics, academic spaces, fitness areas, dining and residence halls, and libraries – unless the animal poses a direct threat to the health or safety of others, is disruptive to the University community, or its presence fundamentally alters the program or space.

4.3 Service Animals are not allowed in certain research laboratories, mechanical rooms, custodial closets, areas where protective clothing is necessary, areas where there is a danger to the animal, and meal preparation areas, wood/metal/machine shops, nuclear research areas, classrooms with demonstration/research animals, areas where protective clothing is necessary, and/or other areas where the animal’s presence may constitute a danger or a fundamental alteration of the program or activity conducted in the area. Access to restricted areas may be granted on a case-by-case basis by contacting the appropriate department and/or laboratory representative and the ADA Consultant.

4.4 When it is not readily apparent that an animal is a Service Animal, the University may ask only the following questions:

4.4.1 Is this a service animal that is required because of a disability?

4.4.2 What task or work is the animal trained to perform for the person?

4.5 To request a demonstration of the work performed by a Service Animal, or to request documentation of training, is improper and against compliance regulations.

4.6 Always speak first to the owner, when communicating with the owner of a Service Animal. The Service Animal is performing a job/service and should not be addressed nor treated as a domestic pet.

4.7 Immediately report disruptive behavior of a Service Animal to the University Police Department 919-530-6106. Do not attempt to separate a handler from their Service Animal.

5. Emotional Support Animals (ESA)

5.1 North Carolina Central University has established guidance regarding Service Animals, Service Animals in Training, and Emotional Support Animals (ESAs) in NCCU REG 40.01.5 Service Animals and Emotional Support Animals on Campus Regulation. Employees requesting the presence of a Service Animal or Emotional Support Animal in the workplace as a reasonable accommodation must comply with this regulation and the University's reasonable accommodation procedures.

5.2 Unlike Service Animals, Emotional Support Animals are not permitted in the University's workplaces or public areas unless approved as a reasonable accommodation through the interactive process. Employees seeking approval for an Emotional Support Animal in the workplace must submit a request for reasonable accommodation through the Office of Human Resources.

5.3 Requests must include documentation from a qualified healthcare provider or other reliable third party supporting:

• The existence of a qualifying disability;
• The relationship between the disability and the requested accommodation;
• The necessity of the Emotional Support Animal to assist the employee in performing the essential functions of the position or accessing the benefits and privileges of employment; and
• Why alternative accommodations would not be effective.

Human Resources will engage in the interactive process and conduct an individualized assessment of each request. Approval will be determined on a case-by-case basis and may be denied if the requested accommodation would:

• Create an undue hardship on University operations;
• Fundamentally alter the nature of University programs, services, or activities;
• Pose a direct threat to the health or safety of others;
• Cause substantial property damage; or
• Interfere with the work environment or the ability of others to perform their job duties.

Approval of an Emotional Support Animal is animal-specific and may be subject to periodic review.

5.4 Reporting Concerns

5.4.1 Employees who observe disruptive behavior, safety concerns, or noncompliance involving a Service Animal or approved Emotional Support Animal should immediately notify the Office of Human Resources. Individuals should not attempt to separate an animal from its owner/handler or otherwise interfere with the animal's duties.

5.4.2 The University may require the removal of a Service Animal or Emotional Support Animal if the animal is out of control, poses a direct threat, is not housebroken, lacks required vaccinations, or otherwise fails to meet the standards established in NCCU REG 40.01.5.

6. Pets

6.1 Pets are domestic or tamed animals kept for companionship or pleasure in family households such as dogs, cats, guinea pigs, rabbits, and hamsters. Pets are not eligible to be considered as a component of a reasonable accommodation for employees and they are excluded as service or emotional support animals.

7. Owner Responsibility and Control of Service and ESA Animals

7.1 The owner must be in full control of the service or ESA animal at all times. The owner must keep the service animal on a leash when the animal is in a public area (i.e. classroom, library, common area of a residence hall, outdoors on campus, etc.), unless the service animal is required to perform a task that it could not accomplish while on a leash or the owner is otherwise unable to maintain the animal on a leash due to a disability; in such case the owner still must be able to maintain control over the animal. The owner is not required to leash the animal in private areas assigned to the owner such as the owner’s office or residence hall room.

7.2 In accordance with Section 8 of NCCU REG 40.01.5 Service Animals and Emotional Support Animals on Campus Regulation, employees are responsible for the safety, health, behavior, care, and control of their Service Animal or approved Emotional Support Animal at all times. The employee shall ensure that the animal remains under control and does not disrupt University operations, interfere with the work environment, or pose a threat to the health or safety of others.

7.2.1 Approved Service Animals may accompany employees in University facilities and work locations consistent with applicable law and this regulation, except in areas where the animal's presence would create a safety risk, fundamentally alter the nature of a program or activity, or otherwise be prohibited under NCCU REG 40.01.5.

7.2.2 Approved Emotional Support Animals are permitted only in the specific workplace location(s) identified through the reasonable accommodation process and must remain under the employee's control at all times. Emotional Support Animals are not permitted in University facilities, programs, activities, or work locations beyond those approved as part of the accommodation. When outside the approved work location, the animal may only be present in designated outdoor areas for natural relief or while entering or exiting the approved worksite.

7.2.3 The University does not assume responsibility for the care, supervision, feeding, or transportation of a Service Animal or Emotional Support Animal.

7.3 Service Animals and approved Emotional Support Animals must be housebroken and maintained in a clean and sanitary manner. Employees are responsible for immediately cleaning and properly disposing of animal waste. Employees must carry sufficient equipment to remove and dispose of waste in an appropriate manner and location.

Employees who are unable to perform waste removal due to a disability are responsible for arranging appropriate assistance. The University is not responsible for providing animal waste removal services.

7.4 “The care and maintenance of a Service Animal or approved Emotional Support Animal is the responsibility of the owner and includes, but is not limited to, the following:

7.4.1 Animals must be kept in good health and comply with all applicable vaccination, licensing, and veterinary care requirements established by state and local law. The University may request documentation demonstrating compliance with these requirements when reasonably necessary to administer this Regulation or address health or safety concerns.

7.4.2 Animals should be clean and well-groomed and maintained in a manner that does not create health, safety, sanitation, or workplace concerns. Employees are expected to take reasonable efforts to reduce shedding and minimize the presence of excessive pet odor, hair, dander or other conditions that may interfere with the work environment.

7.4.3 Employees are responsible for providing their animal with appropriate food, water, veterinary care, exercise and supervision on a regular basis.

7.4.4 Animals should have a tag that identifies the owner and contact information in case of an emergency.

7.5 The University will not assume the care of an animal on campus, even during an emergency evacuation, or employee absences.

7.5.1 Where an owner fails to care for, control, or attend to their animal (including, but not limited to abuse or neglect), NCCU will make arrangements with the proper local authorities to remove the animal from the owner’s custody in accordance with laws and regulations for animal rights. Animal abuse or neglect may subject the owner to disciplinary action and/or referral to University Police.

7.6 Employees may be held responsible for the cost of repairs for damage to University property caused by their service animal or ESA.

8. Animal Vaccinations and Approvals

8.1 Service Animals and approved Emotional Support Animals must comply with all applicable state and local vaccination requirements.

8.2 Approval of an Emotional Support Animal is animal-specific and applies only to the animal approved through the reasonable accommodation process. Employees seeking approval for a different or replacement animal must submit a new accommodation request to Human Resources.

8.3 Employees requesting a Service Animal or Emotional Support Animal as a workplace accommodation should contact the Office of Human Resources and participate in the interactive process prior to bringing the animal into the workplace whenever practicable.

9. Removal of Service Animals

9.1 Consistent with NCCU REG 40.01.5, the University may require the removal of a Service Animal or approved Emotional Support Animal from University property or facilities if:

9.1.1 The animal poses a direct threat to the safety of others

9.1.2 The animal is out of control and the employee does not take effective action to control it

9.1.3 The animal is not housebroken

9.1.4 The animal lacks required vaccinations or documentation required by law

9.1.5 The animal’s presence fundamentally alters the nature of a University program, service, activity or operation

9.1.6 The animal repeatedly disrupts the workplace or interferes with the ability of others to perform their job duties

9.2 Where appropriate, Human Resources may engage in the interactive process to determine whether an alternative accommodation is available before requiring permanent removal of an approved Emotional Support Animal.

10. Responsibilities of the University Community

10.1 Members of the University Community shall:

10.1.1 Allow a service animal to accompany owner at all times and where access is permitted by law and University regulation.

10.1.2 Refrain from inquiring about the nature or extent of a person’s disability who is accompanied by a service animal or ESA.

10.1.3 Not touch or feed or distract any service animal or approved emotional support animal without the owner's permission.

10.1.4 Not separate an animal from its owner/handler.

10.1.5 Report concerns regarding disruptive, aggressive, unsafe, neglected or uncontrolled animals to Human Resources

10.2 Employees utilizing a service animal are encouraged to provide guidance on the appropriate interactions with their animal when necessary.

11. Unattended Animals

11.1 Service animals or ESA’s may not be left unattended in University buildings, offices, classrooms, meeting spaces, vehicles, or other University facilities.

11.2 Animals may not be left in the care of coworkers, students, or other University personnel unless specifically approved by the owner and consistent with the animals' care requirements.

12. Non-Compliance

12.1 Employee obligations regarding Service Animals and Emotional Support Animals are ongoing. Failure to comply with this regulation, the terms of an approved accommodation, or NCCU REG 40.01.5 may result in the removal of the animal from University property and other appropriate administrative action.

12.2 Falsely representing an animal as a Service Animal or approved Emotional Support Animal may result in disciplinary action and removal of the animal from University property.

13. Grievance and Conflicting Disabilities

13.1 If an individual believes that they have been subjected to discrimination on the basis of disability, or denied access or accommodations relative to service animals and ESAs, they may file a formal grievance through the established grievance procedure applicable for University employees per the University SHRA Employee Grievance Policy. All other individuals should contact the Office of Human Resources – Employee Relations Department to file a complaint.

13.2 When an employee's approved Service Animal or Emotional Support Animal conflicts with another employee's disability-related need, including severe allergies, asthma, or other medically documented conditions, Human Resources will conduct an individualized assessment and engage in the interactive process with all affected parties to identify reasonable accommodations and minimize disruption to the workplace.

14. Violations of this Regulation

14.1 Employees who violate this regulation may be subject to corrective or disciplinary action in accordance with applicable University policies, OSHR policies, and the Faculty Handbook.

14.2 NCCU may ask an owner to remove a Service Animal or Emotional Support Animal for violations of this regulation without initiating a disciplinary proceeding.

14.3 The University may remove from campus property animals that are prohibited, unapproved, or otherwise in violation of University policies.

14.4 Violations committed by a Service Animal or Emotional Support Animal may be treated as violations by the employee owner/handler.

14.5 In accordance with N.C. General Statute §168-4.2 to §168-4.6 (Persons with Disabilities, Service Animals), it is unlawful to deprive a person with a disability or a person training a service animal of any North Carolina rights or rights granted to general public with respect to being accompanied by animals. Nothing in this regulation shall be interpreted to deny the rights afforded to individuals with disabilities under federal law, North Carolina law, or applicable University policy.

15. Disclosure of Information

15.1 In certain circumstances, the University may need to share limited information regarding the presence of a Service Animal or approved Emotional Support Animal with individuals who may be affected by the animal's presence, including supervisors, building coordinators, emergency personnel, Environmental Health and Safety staff, and other University officials with a legitimate business need to know.

15.2 Information disclosed will be limited to what is necessary to facilitate workplace operations, safety, emergency planning, or accommodation implementation and will not include confidential medical information except as permitted by law.