Disability Resource Center

Policy and Procedures

Under Section 504 and Title II of the ADA, DSC is required to ensure that activities wholly or partially operated by third parties, yet benefiting the student, provide an equal opportunity for participation by qualified persons with disabilities.

Psycho educational testing, while helpful in providing a picture of a student’s cognitive and academic functioning, is not designed to diagnose ADD.  ADD documentation requires basic components, i.e., evidence of early impairment; a developmental, medical, psychological and educational history; a list of symptoms from the DSM of mental disorders; information about any medical treatment and its effects.  This in addition to testing, might qualify as sufficient documentation.

Grievance procedures must include time frames to ensure that decisions were rendered to students in a timely manner.  Check Dixie’s Title IX regulations.

To be considered a “qualified” individual with a disability, Section 504 of the Rehabilitation Act requires that a student meet the academic and technical standards for admission to and continued participation in a DSC education program or activity.

Non-chronic conditions and injuries that do not have long-term impacts are usually not considered disabilities under the law, in the court case of Halperin v. Adacus Tech Corp. “Extending the statutory protections available under the ADA to individuals with broken bones, sprained joints, sore muscles, infectious diseases, or other ailments that temporarily limit an individual’s ability would trivialize the ADA’s lofty objective.  Under ADA Title I, claimants are not considered having disabilities under this law.

In evaluating whether a person is substantially limited in the major life activity of learning, some courts have ruled that the standard for comparison is the average person in the general population, not a person of similar age and educational background.

SERVICE ANIMAL POLICY

General Policy:

Federal and Utah state laws prohibit discriminating against individuals with disabilities.  The Americans with Disabilities Act (ADA) Sec. 36.302 (1), requires that a public accommodation modify its policies, practices and procedures to permit the use of a Service Animal by an indidual with a disability in any area open to the  general public.  Dixie State College and the Disability Resource Center have the right to exclude an errant Service Animal from Campus if the animal’s behavior is disruptive, not controlled and the owner does not take effective corrective action.  (Disruptive behavior may include: barking, whining, growling, wandering, and sniffing people, tables in eating area, other’s belongings, and initiation of contact with someone without partner’s permission). 

The animal must be on a leash.  The animal’s hygiene must be acceptable at all times, free of strong odor, or evidence of having fleas, ticks, etc.

The Americans with Disabilities Act and the U.S. Department of Justice have established two training requirements for an animal to be considered a service animal.

• The Service Animal must be individually trained to perform tasks or work for the benefit of a disabled individual.
• The Service Animal must be trained to behave properly in places of public accommodation. 

DSC recognizes that service/assistance animals can play an important role in facilitating the independence of individuals with certain types of disabilities.  Allowing individuals with disabilities to be accompanied by their appropriately trained and registered Service Animal or Therapy/Companion/Emotional Support  Animal in campus facilities where animals are typically prohibited, is a reasonable modification of general DSC policies and practices concerning animals on campus.  The health and safety of DSC students, faculty, staff, as well as the Service Animal is important.  Therefore, only Service Animals that meet the criteria described in this policy, set forth and supported by DSC  will be exempt from the rules that otherwise restrict or prohibit animals.

The exception to any existing DSC Animal Policy is granted for approved animals provided that their behavior, noise, odor and waste do not exceed reasonable standards, and that these factors do not create unreasonable disruptions for others.

Policy and Procedure:

A student with a disability who intends to bring a Service Animal on campus should adhere to the following policy without exception:
Student must present current documentation of disability including statements from medical provider/diagnostician which describes the criteria used to assess the impact of the animal on the disability and include specific recommendations for Service Animal use. A completed Service Animal Registration Form is also required.

For practical purposes, students with disabilities who use Service Animals are encouraged to identify the working status of the animal with a harness, cape, identification tag that readily identifies its working status.  Members of the campus community are reminded that Service Animals are not pets, and interference with a service animal is discouraged.  Students and Campus personnel should not:

• Prevent a Service Animal from accompanying its partner/handler at all time and everywhere on campus except where specifically prohibited
• Pet, feed, or otherwise distract a Service Animal
• Startle, tease, or taunt the animal
• Attempt to separate the animal from its partner/handler.  Do not hesitate to ask the partner/handler if he/she would like assistance if the team seems confused about a direction to turn or unable to locate an entrance or elevator.

DEFINITIONS AND TERMINOLOGY:

Dangerous, poisonous, and/or illegal animals are not permitted.

Approved Service Animals may include:

Service Dog (Assistance Dog):

A service Dog is one that has been trained to assist a person who has a mobility or health impairment.  The types of duties the dog may perform include carrying, fetching, opening doors, ringing doorbells, activating elevator buttons, steadying a person while walking, assisting a person to get up after a fall, etc.  Service Dogs are sometimes referred to as Assistance Dogs.

A Dog in Training:

This terminology refers to a Service Dog in the process of being trained.  These dogs have the same rights as a fully trained dog when accompanied by a trainer and is identified as such.

Guide Dog:

One that has been carefully trained and serves as a travel tool by the blind or the severely visually impaired.

Seeing Eye Dog:

Only dogs that have been trained by a certified school can be called Seeing Eye Dogs.

Hearing/Signal Animal:

An animal trained for sound-specific tasks for the deaf or hearing-related disability (i.e. A knock on the door, fire alarm, phone ringing, etc.).

Sig.(Signal) Animal:

 A Signal Animal is specially trained to assist a person with autism.  The animal alerts the partner to distracting, repetitive movements. A person with autism may have deficits in sensory input and may need the same support services from an animal that one might provide for a person who is vision or hearing impaired.
Resources:
www.ada.gov – ADA Business Briefs: Service Animals
www.usdoj.gov/crt  - Section 504; Americans with Disabilities Act (ADA; ADA Rules and Regulations Regarding Service Animals, 28 Code of Federal Regulations (CFR) Part 36

Seizure Response Animal:

The type of training to assist a person is determined by the individual circumstances and severity of the disorder.  Some animals have learned to predict a seizure and warn the person in advance, and may stand guard over the person during a seizure or go for help.

Therapy/Companion/Emotional Support Animals:

These animals are selected to play an integral part of a person’s treatment process and goals.  They are prescribed by a healthcare or mental health professional for their calming influence, affection, stability or feeling of security for the individual with a disability.  These animals are NOT  considered Service Animals under the criteria established by the ADA and supported by Dixie State College Disability Resource Center, and do not qualify for legal protection.  However, every attempt will be made to keep current on any changes that may occur in the law.  All requests to maintain a therapy/Companion/Emotional Support Animal on campus must follow the same documentation as outlined in DSC/DRC Policy.

Owner Responsibilities:

The care, feeding and supervision of a Service Animal are solely the responsibility of the owner.  The owner is responsible to designate an alternative caregiver for the animal if the owner becomes ill or unavailable.  The owner must respect and have sensitivity to faculty, staff and students with allergies and to those who fear animals to ensure the peace of the campus community.