VI - 1.12 - Policy on Service and Emotional Support Animals

I. Purpose

Bowie State University is committed to providing an inclusive and welcoming environment for all members of the Bowie State University community. The University complies with Title I and II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Fair Housing Act, and all other federal and state laws as they pertain to individuals with disabilities and the use of Service and Emotional Support Animals (“ESA’s”) on the Bowie State University campus.

II. Definitions

Individual with a Disability: An individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activity, a person who has a history or record of such impairment, or a person who is perceived by others as having such an impairment.

Emotional Support Animals: An Emotional Support Animal is an animal prescribed for a person with a significant diagnosed psychiatric disability. The Emotional Support Animal alleviates one or more identified symptoms or effects of said disability.

Pets: Domesticated animals that are not Service Animals, Emotional Support Animals, or serve any University approved purpose.

Service Animal: A dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with post traumatic stress disorder during an anxiety attack or performing other duties. The work or task the Service Animal is asked to perform must be directly related to the person’s disability.

A miniature horse may be permitted as a Service Animal where it can be reasonably accommodated.  The following assessment factors must be considered:

  • Whether the miniature horse is house broken;
  • Whether the miniature horse is under the owner’s control;
  • Whether the facility can accommodate the miniature horse’s type, size and weight; and
  • Whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for the safe operation of the facility.

An individual with a disability intending to use a miniature horse as a Service Animal on the Bowie State University campus must contact the Disability Support Services office (“DSS”) in the Division of Academic Affairs in advance to facilitate the necessary assessment.

Service Animal in Training: A dog being trained to be a Service Animal. A Service Animal trainer may be accompanied by an animal that is being trained as a Service Animal in any place where an individual with a disability has the right to be accompanied by a Service Animal. Service Animals in training may not reside in University housing.

University Approved Purpose: The University may permit an animal in campus buildings or facilities or on University’s grounds for an academic, educational, or operational purpose related to the University’s goals and mission or for the prompt efficient, or effective administration of the University’s business.

III. Policy

A. SERVICE ANIMALS

Service Animals may accompany an individual with a disability at all times and everywhere on campus where members of the public, program participants, clients, customers, patrons, or invitees are allowed.

When it is not obvious what service an animal provides faculty, staff or contractors at Bowie State University may ask:

    1. Is the dog a Service Animal required because of a disability?
    2. What work or task is the dog trained to perform? 

It is not permissible for faculty, staff or contractors at Bowie State University to request that the individual with a disability provide:

    1. a Veterinary Health Certificate
    2. evidence of his/her/their disability, or
    3. evidence of the animal’s certification as a Service Animal.

Responsibilities of the Bowie State University Community

    1. Allow a Service Animal to accompany its handler at all times and everywhere on campus except where access has been specifically prohibited.
    2. Do not pet a Service Animal. Petting a Service Animal when the animal is working distracts the animal from the task at hand.
    3. Do not feed a Service Animal.
    4. Do not deliberately startle a Service Animal.
    5. Do not separate or attempt to separate a handler from their Service Animal.

Removal of Service Animals

Bowie State University may ask the individual with a disability to remove a Service Animal when:

    1. the animal is out of control and the animal’s handler does not take effective action to control it,
    2. the animal is not housebroken, or
    3. the animal poses a substantial and direct threat to the health or safety of others. 

Although Bowie State University may exclude any Service Animal that is out of control, not house broken or represents a substantial and direct health and safety threat, the individual with the disability has the option of continued access to the University’s services and programs without the company of the Service Animal.

Responsibilities of Handlers

Control and Behavior Requirements: The handler must be in full control of the animal at all times. The Service Animal’s owner must harness, leash, or tether the dog at all times. Limited exceptions to this requirement will be made if it is apparent that these devices interfere with the Service Animal’s work or the individual’s disability prevents their use. In this case, the Service Animal must be otherwise under the handler’s control using voice control, signals or other effective means. Pursuant to Prince George’s County law, the animal is not permitted to run or be at large. The animal must be as unobtrusive to others and the environment as possible. The animal should not block an aisle or passageway for fire evacuation. Should the animal become ill, it should not be taken into public areas.

Waste Clean-up: It is the sole responsibility of the handler to clean up after the animal. The handler must always be prepared for such occurrences and carry equipment sufficient for cleaning and removing feces. It is important to properly dispose of the animal waste. Individuals who are not physically able to clean up after their Service Animal should notify the Disability Support Services office, or in the case of a visitor or guest a BSU representative affiliated with the facility, program or event that they are seeking to attend or gain access to.

Applicable Law: The handler agrees to comply with all applicable Prince George’s County Animal Control Laws and Regulations.

Procedures for Accessing Student Housing

A student seeking to live on campus with a Service Animal must notify the office of Residence Life and the Disability Support Services office to allow for appropriate arrangements to be made. The student must share with Residence Life and DSS an Emergency Plan for the Service Animal in case of a medical or other emergency should the student become unable to take care of or control the Service Animal. The Emergency Plan must include the name, contact information and plan for removal of the Service Animal from BSU.

Conflicting Disabilities: It is common for individuals to have a disability that precipitates an allergic reaction to animals. Individuals making an asthmatic, allergy, or medical complaint are to be directed to file the complaint with the Director of Disability Support Services and the University’s Section 504/ADA Coordinator in the Office of Equity Compliance. The individual making the complaint must provide medical documentation to support the complaint. Bowie State University will consider the needs of both individuals in meeting its obligations to reasonably accommodate all disabilities and resolve the problem as quickly as possible. 

B. EMOTIONAL SUPPORT ANIMALS

A student may request an ESA as an accommodation in BSU Housing if the student has a documented disability as defined by the Americans with Disabilities Act. This accommodation request should be submitted in advance of the student’s move-in date. The student must present appropriate documentation to the Disability Support Services (DSS) office that describes the functional limitations of the student’s disability and demonstrates an identifiable nexus between the ESA and the student’s disability. The documentation should show that the ESA is an accommodation necessary to provide the student equal access to Bowie State University Housing, the ESA is not inherently dangerous or predatory, and there are no other means of treatment or intervention methods that are available or effective in ameliorating the symptoms of the disability including, but not limited to, medication, treatment, assistive devices, hearing aids, wheelchairs, or other therapies.  

Procedures for Accessing Student Housing

A student requesting the use of an ESA must register with the Disability Support Services office and schedule a meeting regarding the request. The student must provide appropriate documentation to support the request for an ESA as an accommodation. DSS will provide guidelines if the documentation is insufficient. In the event that a student living within the same residence as an ESA has an allergic reaction or other legitimate objection to the ESA, the University may make changes to the room assignment.

Requirements and Areas of Exclusion

    • The ESA is not permitted in the common areas of the living space unless in transit. 
    • The ESA is not permitted in non-residential buildings, and this includes classrooms, dining halls, offices, labs, or recreation areas. 
    • The owner must have full control of the ESA at all times, and the animal must be contained either on a leash or in a cage or crate.
    • The owner is not allowed to leave an ESA unattended overnight or expect a student or staff to assistance in taking care of the ESA. 
    • The owner must comply with all applicable Prince George’s County Animal Control laws and regulations.
    • Student must have an Emergency Plan that is shared with Residence Life and DSS that includes evacuation of the ESA in case of an emergency should the student become unable to take care of the ESA. This may include a medical emergency.
    • The Emergency Plan must include the name, contact information and plan for removal of the ESA from BSU. 

C. PETS

Pets are not allowed on the University campus or in University buildings including University Housing.  Violations of this policy may lead to disciplinary action.

Grievance 

If a student does not agree with a decision made concerning the use of a Service Animal or emotional support animal they should contact the ADA/504 Coordinator in the Office of Equity Compliance at eeo@bowiestate.edu  or file a grievance online: https://www.bowiestate.edu/about/administration-and-governance/legal-and-government-affairs/office-of-equity-compliance/ .

IV. Related Policies

Effective Date: January 30, 2024