Service Animals
A service animal is a dog or miniature horse that has been trained to do work to support an individual with a disability.
-
Students who are using a service animal do not have to register the animal with the Access and ADA Services Office.
-
Service animals are not considered an accommodation and so students do not need to have this listed on their Student Accommodation Plan to utilize their service animal.
MACC follows the ADA and the most recent guidance from the Department of Justice (DOJ) regarding service animals. In accordance with ADA and DOJ, MACC provides the following guidelines for service animals on campus.
Questions for a Service Animal Handler
In order to protect the privacy of the individual with a service animal, ADA law restricts employees to only two questions that can be legally asked:
-
Is the service animal required because of a disability?
-
What work or task has the animal been trained to perform?
Definition of Service Animal
Service animals are defined by ADA and DOJ as follows:
“Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.” (DOJ)
Per Missouri state statutes:
“Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation. Any second or subsequent violation of this section is a class B misdemeanor. For purposes of this section, "impersonates a person with a disability" means a representation by word or action as a person with a disability or a representation of a dog by word or action as a service dog.” (Missouri Revised Statutes 209.204)
Handler’s Responsibilities (Service Animal)
-
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls." (Missouri Revised Statutes 209.204)
-
The handler is financially responsible for the actions of the approved service animal. These actions include bodily injury and/or property damage and handlers must take appropriate precautions to prevent injury and/or property damage. Any damage to MACC property caused by the service animal or above and beyond normal maintenance cleaning will be charged to the handler’s MACC student account.
-
At all times, the cost of care and maintenance of health and well-being are the sole responsibility of the handler. Service animals must be in good health and meet all local ordinances regarding vaccinations and proper licensure.
-
Out of courtesy to others, as much as possible the handler should ensure that the service animal does not approach and sniff other individuals, dining tables, or the personal belongings of others.
-
The handler must assure that the service animal does not block identified fire/emergency exits.
-
It is the handler’s responsibility to assure that the service animal does not display behaviors or noises that are deemed disruptive to others, unless said noise/behaviors are part of the needed disability service to the handler.
-
Waste cleanup is the sole responsibility of the handler. If the handler is not physically capable of cleaning up after the service animal, the handler must hire someone who is physically capable and incur the cost of such hire. Service animal waste cleanup should include appropriate waste clean-up equipment and proper disposal of waste in an appropriate container. An appropriate container is an outside receptacle (i.e. dumpsters).
Service Animals in Residence Halls and On Campus
Service animals may travel freely with their handler throughout the Residence Halls and MACC property. MACC may restrict the use of Service Animals in certain locations based on health and safety restrictions. These instances will be evaluated on a case-by-case basis. Please contact the Access Office with any concerns or questions.
Removal of Service Animal
MACC may ask that a service animal be removed from MACC premises if:
-
The service animal is out of control and the handler does not take effective action to control it. If improper animal behavior happens repeatedly, the handler may be prohibited from bringing the animal into any college facility until the handler can demonstrate that s/he has taken significant steps to mitigate the behavior.
-
The service animal is not housebroken.
-
The service animal is a direct threat. A handler may be directed to remove an animal MACC determines to be a substantial and direct threat to the health and safety of individuals.
When there is a legitimate reason to ask that a service animal be removed, Access Office staff will work with the person with the disability to obtain goods or services without the animal’s presence.