AR 7.13.02

X. Administrative Regulation

Regarding Service Animals and Other Authorized Animals

San Francisco Community College District policies (3.02 and 5.07) permit qualified individuals with disabilities to use service animals and other authorized animals in District facilities and on District campuses in order to ensure that qualified individuals with disabilities can participate in and benefit from District services, programs and activities, and to ensure that the District does not discriminate on the basis of disability pursuant to the Americans With Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 and all other applicable laws.

The following procedures regarding service animals and other authorized animals apply to students, faculty and staff, as well as members of the community coming on campus for occasional use.

Definition:

Service animals perform some of the functions and tasks that an individual with a disability cannot perform for himself or herself. Service animal is defined in Title III of the ADA regulations (28 C.F.R. Section 36.104) as follows:

* Service animal means any guide dog, signal dog, or other animal individually trained to work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

If an animal meets this definition, it is considered a service animal under the ADA, even if it has not been licensed or certified by a state or local government, or by a private agency.

If the definition of a service animal is not met, then the use of the animal (i.e., comfort animal) may be allowed as a reasonable accommodation through established DSP&S or Office of Affirmative Action procedures.

Occasional use of a service animal in District facilities and on District campuses (i.e., attendance at a concert or special event) or if it is obvious that the animal meets the legal definition of a service animal, the use may not be challenged except if the use of the animal poses a direct threat to the health or safety of other persons, or if the presence of the service animal will result in a fundamental alteration of the service, program or activity involved. (Title II of the ADA Regulations, 28 C.F. R. Section 35.130 [b] [7])

A disability is defined in Title I of the ADA Regulations, 29 C.F.R. Section 1630.2(g) as:

A physical or mental impairment that substantially limits one or more major life activities of an individual; a record of having such an impairment, or being regarded as having such an impairment.

Responsibilities of Persons Using Service or other authorized Animals:

The care and supervision of a service animal is the responsibility of the individual with a disability using the animal’s services. If a service animal becomes unruly or disruptive (e.g., barking, running around), or if the animal is unclean, to the extent that the animal’s behavior may pose a direct threat to the health or safety of others, or may cause a fundamental alteration in District services, programs, or activities, then the District will consider the issue of appropriate care and supervision.

All service dogs and all other authorized animals must be immunized against rabies in accordance with State of California Health and Safety Code Section 121690. In addition, by specific district provision, all service dogs and other authorized animals are prohibited from running at large on District property in accordance with City and County of San Francisco Health Code Sec. 41.12 (a). The San Francisco Health Code defines “at large” to mean “… any dog off the premises of its owners or guardians and not under restraint by a leash, rope or chain of not more than eight (8) feet in length, and any other animal not under physical restraint.” City and County of San Francisco Health Code Sec. 41 (a).

District Procedures to Request Use of Animals:

For employees and visitors to campus events, the District ADA Coordinator will evaluate the request to use an animal other than a service animal meeting the legal definition referenced above which is based on a “reasonable person” standard, through the District’s Employees’ Accommodation Program.*

For students, the Disabled Students Programs and Services (DSP&S) will evaluate the request to use an animal, other than a service animal meeting the legal definition referenced above which is based on a “reasonable person” standard, through the DSP&S certification procedures.*

Appeal Procedures On Denial of Request to Use Animals:

An employee or visitor to campus events who is denied use of a service animal, or other animal as a reasonable accommodation, may file a discrimination complaint or informal charges of discrimination pursuant to the District’s discrimination complaint procedures.

A student who is denied use of a service animal, or other animal as a reasonable accommodation, may appeal the decision through the DSP&S appeal process, or file a formal discrimination complaint or informal charges of discrimination pursuant to the District’s discrimination complaint procedures.

This Administrative Regulation supercedes AR 7.13.02 U to the extent there are any conflicts.

* The “reasonable person” standard means that it is obvious that the animal meets the legal definition. For example, the animal is performing a function for an individual with a disability. For further explanation of this standard, please contact the District ADA Coordinator, Office of Affirmative Action, (415) 241-2281.