• AR 3440: Service/Assistance Animals


  • Chapter 3

    References: The Americans with Disabilities Act of 1990 -- 42 U.S. Code Sections 12101 et seq.;
    28 Code of Federal Regulations Part 35;
    28 Code of Federal Regulations Part 36;
    34 Code of Federal Regulations Part 104.44(b)
    ORS 659A.143
    OAR 839-006-0345

    Mt. Hood Community College will allow an individual with a disability to use a service/assistance animal in college facilities and on college campuses in compliance with state and federal law.

    The college will allow an individual with a disability to be accompanied by his/her service/assistance animal in all areas of the college facilities where members of the public, invitees, clients, customers, patrons, or participants in services, programs or activities, as relevant, are allowed to go.

    These regulations shall also be applicable to an individual who is training a service/assistance animal.

    Service/Assistance Animal Defined

    A “service/assistance animal” for purposes of this regulation means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

    Other species of animals, whether wild or domestic, trained or untrained, are not service/assistance animals for the purposes of this definition.

    The work or tasks performed by a service/assistance animal must be directly related to the handler's disability.  The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

    Exceptions

    The college may ask an individual with a disability to remove a service/assistance animal from the premises if:

    • The animal is out of control, and the animal's handler does not take effective action to control it; or
    • The animal is not housebroken.

    If a service/assistance animal is excluded under one of these exceptions, the college will give the individual with a disability the opportunity to obtain goods, services, and accommodations or to participate in the service, program, or activity without having the service animal on the premises.

    Control

    The service/assistance animal must have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether or the use of a harness, leash, or other tether would interfere with the service/assistance animal's safe, effective performance of work or tasks, in which case the service/assistance animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).

    Care or Supervision

    The college is not responsible for the care or supervision of the animal.

    Inquiries by the College

    The college may make two inquiries to determine whether an animal qualifies as a service/assistance animal:

    • Whether the animal is required because of a disability; and
    • What work or task the animal has been trained to perform.

    The college will not make either of these inquiries when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability). Employees requesting an accommodation may have additional documentation requirements under the Americans with Disabilities Act.

    Animals can distract students and cause health and safety problems. Therefore, no animals, with the exception of Assistance Animals as defined in this regulation, and other animals which are used for approved events or instructional purposes, are permitted on college grounds.

    Approved:      4/6/93

    Revised:          8/11/98, 8/18/09, 8/29/23