REG - 40.01.5 Animals on Campus Regulation
- Service Animal and Emotional Support Animal Student Owner/Handler Responsibilities and Consent to Share Information
- Section 504 of the Rehabilitation Act
- Americans with Disabilities Act
- Fair Housing Act
- N.C. General Statute §168-4.2 to §168-4.6 (Persons with Disabilities, Service Animals)
- N.C. General Statute §130A-185 (Animal Vaccinations)
- Department of Residential Life Community Living Standards
- Eagle Accommodate
- LCI-Student Accessibility Center Grievance Policy
- NCCU REG 80.04.1 (Resolution Procedures for Complaints of Discrimination, Harassment and Retaliation Regulation)
- NCCU POL 40.13.1 (Student Code of Conduct)
- LCI-SAC Documentation Guidelines for Requesting an Emotional Support Animal
1. Purpose
North Carolina Central University (NCCU) is committed to accessibility and recognizes the value of animals, including service animals and emotional support animals (ESA), for individuals with disabilities. This regulation establishes rules for all animals on campus and provides guidance for service animals, service animals in training, and ESAs to support the safety and well-being of the NCCU community.
2. Scope
This regulation applies to all NCCU students, faculty, staff, and visitors on the NCCU campus. It also applies to animals in NCCU housing and includes all University-NCCU owned, leased, or controlled facilities and grounds.
3. Definitions
Accommodations Advisory Committee: serves as a review body that advises the LCI Student Accessibility Center (SAC) on student accommodation requests, including academic, housing, and other campus-related accommodations. The Committee ensures that all accommodation decisions are fair, reasonable, and consistent with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. It provides guidance when determining whether the requested accommodation would fundamentally alter a university program, activity, or housing arrangement.
Assistance Animal or Guide Animal: see Service Animal
Comfort Animals: see Emotional Support Animals
Disability: A physical or mental impairment that substantially limits one or more major life activities. 42 U.S.C. §12102(1)
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.
Documentation from a Reliable Third Party: Medical or mental health documentation from a reliable third party is required by the Student Accessibility Center or Human Resources to determine reasonable a accommodation. A reliable third party is someone who (1) is familiar with the person’s disability, (2) understands the necessity of the requested ESA in University housing, and (3) is qualified to provide professional verification of the student’s disability and requested accommodation. This may include a physician, psychiatrist, or other medical or mental health professional.
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.
Emotional Support Animal (ESA): 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. ESAs may also be referred to as “Comfort Animals.”28 C.F.R. § 35.104.
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.
Human Intervention: Includes, but is not limited to, attracting, feeding, or watering animals, building shelters for animals, and injecting medication.
Law Enforcement Agency Animal (or Patrol Animal): An animal that is trained and may be used to assist a law enforcement officer in the performance of the officer's official duties. N.C.G.S. § 14-163.1(a)(2). A Law Enforcement Agency Animal may accompany a law enforcement officer onto campus grounds and into campus facilities, including into offices, dining, sales, and food storage areas, in the performance of the officer's official duties. 15A NCAC 18A .2633(g)(2).
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.
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.
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.
Reasonable Accommodations: Appropriate adjustments to programs, regulations, and practices that make aspects of the University experience accessible and provide equal opportunities for members of the University community with disabilities. Equal opportunity means a chance to achieve the same level of performance or to enjoy the same benefits and privileges available to a similarly situated student without disabilities. This includes approval of ESA in University housing after an individualized assessment of necessity and reasonableness, consistent with ADA and NCCU guidelines.
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. 28 C.F.R. 35.104.
Search and Rescue Animal: An animal that is trained and may accompany its handler on campus, including campus facilities, to assist in a search and rescue operation. N.C.G.S. § 14-163.1(3a).
Service Animal in Training: An animal that is being 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.
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.
University Housing: Housing owned or leased by North Carolina Central University and managed as part of the Department of Residential Life’s student housing inventory.
Note: All animals on campus, including service animals and emotional support animals, must comply with all applicable local animal control and public health regulations.
4. Service Animals
4.1 Service animals shall be permitted to accompany their owner/handler on campus. When it is not readily apparent that a dog or miniature horse is a service animal, the University may ask:
(1) if the animal is required because of a disability; and
(2) what work or task the animal has been trained to perform.
North Carolina General Statute § 168-4.5 prohibits disguising an animal as a service animal or a service animal in training.
4.2 Notification
4.1.1 Employees should communicate with the Office of Human Resources, Director of Employee Relations.
4.1.2 Students should communicate with the LCI Student Accessibility Center (SAC).
Service animals must be well-behaved, pose no threat to the health or safety of others, and the handler is responsible for supervising, feeding, and veterinary care.
4.3 Requirements
4.3.1 A service animal must remain under the control of its owner/handler at all times while on university property and shall have a harness, leash, or other tether, unless the owner/handler’s disability prohibits the use of which, or the use of which would interfere with the service animal’s safe, effective performance of work or tasks. Nevertheless, the service animal must remain under its owner/handler’s control by other effective means (e.g., voice control, signals, or other effective means). 28 C.F.R. § 35.136(d).
4.3.2 Service animals are required to have current rabies vaccines and wear rabies vaccination tags. Handlers are responsible for ensuring compliance with all local and state animal vaccination requirements and for cleaning up after the animal.
4.4 Exceptions and Removal
4.4.1 The University may ask an owner/handler to remove a service animal from university premises, if the service animal presents legitimate health and safety concerns. Such health and safety concerns include:
4.4.1.1 The animal’s behavior poses a direct threat to the health or safety of others,
4.4.1.2 The animal is out of control, and its owner/handler does not take effective action to control it,
4.4.1.3 The animal is not housebroken,
4.4.1.4 The animal lacks current vaccinations or a vaccination tag,
4.4.1.5 The animal’s behavior fundamentally alters the nature of the university programs, services, facilities, or housing.
4.4.2 Following removal, the owner/handler is responsible for the animal’s care. The service animal may not be left alone, and the University will not be responsible for the animal.
4.4.3 The University may exclude a service animal from accompanying its owner/handler to certain areas of campus where their admission would fundamentally alter the nature of a service or program or threaten the safety of the owner/handler and/or service animal, such as non-communal food preparation areas, mechanical rooms, and hazardous laboratories. Generally, the identification of prohibited areas will require a case-by-case analysis in consultation with relevant campus offices and departments, including but not limited to the Office of Legal Affairs, LCI Student Accessibility Center, the Department of Human Resources, the Department of Residential Life, and/or the Facilities Management Department.
4.4.3 Animals may be confined in vehicles temporarily, as long as they are not endangered or endangering others or creating a public nuisance. In the event of endangerment to the animal or others, or public nuisance, the animal’s handler or owner is subject to citation. Animals that appear to be in distress or otherwise endangered should be reported to University Police (919-530-6106).
4.4.3.1 The University may ask an individual to remove a Service Animal or Service Animal in Training from University facilities or the University campus if (1) the animal poses a direct threat to the health and safety of others; (2) the animal is out of control or disruptive and the animal’s handler does not take effective action to control it; or (3) the animal is not housebroken. This applies even if the animal would otherwise be allowed under this Regulation. Any animal that appears to pose such a threat should be reported to University Police by calling 919-530-6106.
Except as otherwise provided in this Regulation, animals may not enter any: (a) campus building, including all residence and non-residential buildings; (b) enclosed or delineated outdoor athletic or recreational facility; or (c) officially reserved or scheduled outdoor event on campus.
4.5 Service Animals in Training
4.5.1 In accordance with North Carolina law, an animal in training to become a service animal shall be permitted to accompany its trainer on university property if:
4.5.1.1 The animal is present specifically for the purpose of training to become a service animal,
4.5.1.2 The animal wears a collar and leash, harness, or vest that identifies the animal as a service animal in training.
4.5.2 The trainer shall be liable for any damage caused by the animal while on campus.
Animals in training must also comply with behavior and hygiene requirements as outlined for service animals to ensure campus safety and sanitation.
4.6 Campus Housing
4.6.1 Students must complete the housing selection process through the Department of Residential Life to be assigned university housing. They must provide proof of their housing assignment documentation, to the LCI Student Accessibility Center.
4.6.2 Students are encouraged to connect with the Student Accessibility Center at least thirty (30) days prior to move-in.
4.6.3 Owners/handlers are responsible for repair costs beyond normal wear and tear caused by the animal.
4.6.4 Owners/handlers must not leave their service animals in campus housing unattended or in the care of another NCCU resident.
4.6.5 If the owner or handler resides with other students, those individuals will be notified of the animal’s presence and provided with guidance on appropriate etiquette and interaction. The student must return the signed Roommate Agreement Form to the Student Accessibility Center before bringing the animal to campus. The information shared will be limited to details about the animal and will not include any information regarding the students’ disability.
5. Emotional Support Animals (ESA)
5.1 ESA requests for employees residing in on-campus housing are processed through the Office of Human Resources and the Director of Employee Relations. Students requesting an ESA to reside in campus housing as reasonable accommodation must contact the LCI Student Accessibility Center.
5.2 Qualified students with disabilities who reside in on-campus housing may be permitted to live with an emotional support animal as a reasonable accommodation. All ESA requests must be approved prior to bringing the animal to campus. Students must follow the housing selection process through the Department of Residential Life. Owners/handlers are encouraged to notify SAC at least thirty (30) days prior to moving in.
5.3 Student Request Process
5.3.1 Students seeking approval to bring an Emotional Support Animal to reside in campus housing as a reasonable accommodation must:
5.3.1.1 Submit a request for accommodations to the LCI Student Accessibility Center (SAC), through Eagle Accommodate.
5.3.1.2 Provide documentation from a qualified healthcare provider or reliable third party who is familiar with the student (more information available at the SAC website) that should include, but is not limited to:
5.3.1.2.1 The student’s documented disability,
5.3.1.2.2 The animal type and size, and current vaccination records,
5.3.1.2.3 How the animal alleviates one or more functional limitations and provides access,
5.3.1.2.4 How the animal assists with the therapeutic plan
5.3.2 Requests should be submitted early to allow adequate review. Students may bring the ESA only after all required documentation has been received, and an ESA Agreement has been discussed with roommates. Late submissions may delay approval.
5.3.3 Students must provide written consent for the university to disclose limited information regarding the ESA request to individuals who may be affected by the presence of the animal, including Residential Life staff, and potential or assigned roommates. The information shared will not include any information about the students’ disability.
5.4 University’s Reasonableness Determination
5.4.1 Upon receipt of a completed request, SAC staff, with guidance from the Accommodations Advisory Committee, will conduct an individualized assessment of the request, which may require additional discussions with the students and/or a reliable third party. The University may deny the request if the ESA is deemed unnecessary or unreasonable.
5.4.2 A request will be considered unnecessary if a reasonable, less burdensome alternative exists or if the animal does not meet the University’s ESA definition or housing requirements.
5.4.3 A request is considered unreasonable if it:
5.4.3.1 Imposes an undue financial or administrative burden on the University;
5.4.3.2 Fundamentally alters University housing policies,
5.4.3.3 Poses a direct threat to the health or safety of others or could cause substantial property damage,
5.4.3.4 Interferes with University operations.
5.4.4 Wild, feral, or exotic animals that present a higher risk of attack or disease are generally not approved.
5.4.5 Factors considered include size and disposition, housebroken status, vaccination status, and past behavior in university housing.
5.5 Areas of Access
5.5.1 Approved ESA is permitted only in the owner/handler’s assigned living space and suite common areas and along the logical path for room/building exit, except for:
5.5.1.1 Building entrance and egress,
5.5.1.2 Designated outdoor areas for natural relief.
5.5.2 An owner/handler is responsible for the cost of repairs for damage caused by their animal in accordance with the standard charges for damages as determined by the Department of Residential Life.
5.5.3 Emotional support animals (ESAs) are only permitted in the owner/handler’s assigned living space and suite common areas. In a shared suite, an ESA may be in the common area only with proper notification and consent from roommates. The animal must be leashed or under the owner’s control at all times.
5.6 Requirements
5.6.1 Owners/handlers must ensure that their animals have current rabies vaccinations from four months of age and throughout the animal’s life. Animals must wear rabies vaccination tags at all times. This requirement applies to dogs, cats, and ferrets in accordance with G.S. 130A-185 and G.S. 130A-190.
5.6.2 The owner/handler of the ESA must follow the responsibilities as outlined in Section 7.
5.6.3 ESA approval is animal-specific and valid only for the current academic year. Renewal is required annually. A change or a new animal requires a new request.
5.6.4 ESAs are not granted public access rights outside housing unless otherwise approved.
6. Pets
6.1 Pets are prohibited from entering all university buildings, including residence halls, outdoor athletic or recreational facilities, and other areas or events where pets are specifically restricted. This prohibition applies to students, staff, faculty, and visitors alike. This regulation does not apply to approved service or emotional support animals in accordance with university regulations.
6.2 Pets are not allowed in university housing. Violation of this regulation may result in charges for any costs associated with cleaning or repairing university housing and animal removal. Repeated violations may result in additional disciplinary action under the Student Code of Conduct.
6.3 Enforcement of this regulation is the responsibility of the Department of Residential Life staff and other University officials as designated.
7. Exemptions to the Animals on Campus Regulation
7.1 Service Animals or Service Animals in Training accompanying a person with a disability, or an authorized Service Animal trainer.
7.2 Therapy Animals in a therapeutic setting, accompanied by appropriate health care or mental health professional, and with the proper departmental approval.
7.3 Approved Emotional Support Animals in the owner’s housing setting.
7.4 Law Enforcement Agency Animals under the control of a law enforcement officer.
7.5 Search and Rescue Animals under the control of appropriate personnel.
7.6 Laboratory Animals in an approved research or teaching setting, under the control of appropriate personnel.
8. Responsibilities of Owners/Handlers
8.1 Owners/handlers must comply with all requirements of this regulation. Failure may result in removal or exclusion of the animal.
8.2 Owners/handlers are responsible for the safety, health, behavior, and actions of the animal at all times. NCCU does not assume animal care, even during emergencies. Where an owner/handler fails to care for, control, or attend to his/her animal, NCCU will arrange with appropriate authorities to remove the animal from its owner/handler’s custody according to applicable laws and regulations. Any suspected or observed indications of animal abuse or neglect should be reported to University Police at 919-530-6106 and may subject the owner/handler to disciplinary action.
8.3 Control and Behavior
8.3.1 In addition to applicable obligations contained elsewhere in this regulation, an owner/handler must ensure the following control and behavior requirements are met:
8.3.1.1 The animal must not obstruct or disturb any space or activity of an academic program, including but not limited to, residence halls, classrooms and labs, other campus buildings or recreational areas, roads, walkways and passages on any part of campus, legitimate campus activities and any other university programs, spaces or activities,
8.3.1.2 The animal must not engage in disruptive behaviors, including but not limited to, excessive barking, whining, growling, excessive grooming, and sniffing (either other people or their personal belongings). etc. Generally, a determination that an animal is unreasonably disruptive to others will require a case-by-case analysis in consultation relevant campus offices and departments, including but not limited to the Office of Legal Affairs, the Office of Student Conduct and Community Standards, LCI Student Accessibility Center, the Department of Human Resources, the Department of Residential Life, and/or the Facilities Management Department,
8.3.1.3 Owners must immediately clean animal waste. Owners or handlers who are unable to perform this task are responsible for arranging appropriate assistance. The University is not responsible for providing these services. All dogs must be housebroken, and all cats must be trained to use a litter box, which must be cleaned and the waste disposed of daily. Other small animals must be kept in cages at all times.
8.3.1.4 The animal must be under the control of the handler at all times, and with the exception of certain service animals, must be restrained at all times in a crate or by a leash or similar device not to exceed six feet in length when in public spaces,
8.3.1.5 The animal may not be left unattended overnight in residential housing to be cared for by another student or staff member. Animals must be taken with the owner/handler if he or she leaves campus for a prolonged period,
8.3.1.6 When an animal is left unattended in an owner or handler’s room, it must be contained in a crate, carrier, or kennel to ensure its safety and the safety of others,
8.3.1.7 Animals left unattended for an extended period (generally more than a few hours or overnight) may be considered abandoned. Such animals may be humanely impounded in accordance with applicable laws and regulations. Any unattended or abandoned animals on university property should be reported to University Police,
8.3.1.8 People using the services of an animal due to a disability need must do so in compliance with ADA regulations or other applicable law. It is a Class 3 misdemeanor under North Carolina law “to disguise an animal as a service animal or service animal in training.” N.C.G.S. § 168-4.5.
9. Responsibilities and Etiquette of University Community
9.1 Members of the University community shall:
9.1.1 Allow a service animal to accompany its owner/handler at all times and everywhere on campus unless explicitly prohibited,
9.1.2 Not touch or feed a service animal or ESA unless invited,
9.1.3 Not provoke, injure, intentionally startle, or attempt to separate a service animal or ESA from its owner/handler,
9.1.4 Not inquire about nature or extent of a person’s disability,
9.1.5 Report any suspected or directly observed animal neglect or abuse to University Police.
10. Enforcement and Violations
10.1 Any student, staff, or faculty member with a prohibited or unapproved animal is subject to discipline under the appropriate University procedure. Violations, including failure to meet behavioral, health, or sanitation standards established by applicable law or University, are subject to discipline under the Student Code of Conduct. Such discipline may include restrictions or removal of the animal.
10.2 The University may require removal of noncompliant animals without initiating a formal disciplinary proceeding.
10.3 The University may remove from campus property any prohibited, unapproved, or noncompliant animal imposing a health or safety risk, abandoned, or violating university policies, regulations, or rules.
10.4 It is unlawful to deprive a person with a disability, or a person training a service animal, of any rights under North Carolina law or of rights granted to the general public with respect to being accompanied by a service animal or service animal in training.
11. Grievances and Appeals
11.1 Students alleging discrimination or denial of access or accommodations related to service animals or ESAs may follow the LCI Student Accessibility Center Grievance Regulation.
11.2 Employees alleging discrimination or denial of access or accommodations may follow the Resolution Procedures for Complaints of Discrimination, Harassment and Retaliation Regulation.