Animal Policy – Employees and Contractors
Bryant University is responsible for assuring a productive and professional work environment which takes into consideration the health and safety of all employees. In keeping with this objective, this policy provides rules concerning faculty and staff bringing animals on University property.
Scope and Application
Bryant University (Bryant) has designed the policy and procedures to comply with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and any other applicable federal and state laws. The policy and procedures serve to ensure that individuals with disabilities who require the assistance or support of animals may receive such assistance or support; to the extent that it does not cause Bryant an undue hardship. All university employees must follow the policy and procedures.
Definitions
- Handler An individual with a disability who is the owner of a service animal, or the owner or individual bringing an animal onto University property.
- Service Animal Any dog that is specifically trained to do work or perform tasks for benefit of an individual with a disability. The work or tasks performed by the dog must be directly related to the person’s disability. Under certain circumstances, a miniature horse may also qualify as a service animal to the extent required under applicable law. A dog that is in training to be a become a service animal is also a service animal.
- Service Animal in Training For purposes of this policy, a service animal in training is a dog that is being trained as a service animal and includes a puppy that is being raised to become a service animal in training.
- Emotional Support Animal (ESA) Any animal specifically designated by a qualified medical provider that alleviates one or more identified symptoms of an individual’s disability (as certified by such a provider). Such animal may afford an individual with a disability an equal opportunity to use and enjoy a dwelling, workplace, or other area, provided there is a nexus between the individual’s disability and the assistance the animal provides. ESAs are also commonly known as companion, therapeutic or assistance animals. ESAs are not service animals because they have not been trained to perform specific work or a specific task.
- Disability A physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being perceived as having such an impairment.
- Public Spaces For purposes of this policy, public spaces are indoor and outdoor areas that are open to the general public. Classrooms, residence halls, meeting rooms, and employee workspaces are not generally considered public spaces.
- University Property For purposes of this policy, University property includes all areas owned and controlled by the University.
- Pet For purposed of this policy, a pet is any animal that is not a service animal or ESA.
Policy
Prohibition: Bryant generally does not permit animals on University transportation or in any University building or other controlled spaces on University property. However, individuals with disabilities are allowed to bring service animals and ESAs onto and/or into controlled spaces as provided below. In addition, employees who reside on campus, as a condition of employment, are permitted to have pets in University-owned residential housing with the express approval of University officials with the expectation that they abide by University policy and state and local ordinances. Employees who bring unapproved animals into university-owned, operated, or leased buildings or on university transportation are subject to disciplinary action up to and including termination of employment.
- Service Animals: The University welcomes the presence of service animals assisting people with disabilities on its campuses consistent with the provisions of this policy and applicable law. A service animal is generally permitted to be on University property in any place where the animal’s handler is permitted to be. In certain limited situations, a service animal may be prohibited for safety and health reasons. The accompaniment of an individual with a disability by a service animal in a location with health and safety restrictions will be reviewed on a case- by-case basis by the appropriate department representative(s) in collaboration with the Department of Human Resources.
A service animal for an individual employed by the University must be approved in advance by the Department of Human Resources prior to bringing the animal to the workplace.
Members of the University community are prohibited from interfering in any way with a service animal, or the duties it performs.
- Service Animals in Training: A service animal in training is not allowed in controlled spaces including classrooms, meeting rooms, residence halls and employee work areas. The individual training a service animal must be authorized to engage in designated training activities by a service animal organization or an individual who volunteers for a service animal organization that authorizes such volunteers to raise dogs to become service animals. Individuals training a service animal must carry photographic identification indicating authorization to train the animal. A service animal in training, including a puppy that is being raised to become a service animal in training, must be identified with either tags, ear tattoos, identifying bandanas (on puppies), identifying coats (on adult dogs), or leashes and collars.
- Emotional Support Animals (ESAs): An approved ESA for an individual who lives in University housing is permitted within the individual’s privately assigned living accommodations. An ESA outside the private individual living accommodations must be in an animal carrier or controlled by a leash or harness. ESAs are permitted to be in outdoor public areas to the same extent as pets.
An ESA for an individual employed by the University may be permitted within the individual’s private office as an accommodation for a disability but must be approved in advance by the Department of Human Resources as outlined below. ESAs will not be allowed in classrooms during scheduled class times[1]. Generally speaking, ESAs will not be allowed in meeting rooms, or other controlled spaces on campus, and the University will not consider the approval of ESAs that exceed 65 pounds.
[1] ESAs in the classroom pose a potential health risk to some of our students and may cause significant disruption to the learning experience for some. The University has determined that, generally, the presence of ESAs in the classroom poses an undue hardship.
- Pets: Pets generally are not permitted in or on any controlled space on University property, and are permitted only in outdoor areas open to the general public.
Handler’ Responsibilities: A service animal, service animal in training, ESA or pet must be supervised directly by the handler, and the handler must retain full control of the animal at all times while on University property. The animal must be in an animal carrier or controlled by a harness, leash or tether, unless these devices interfere with the animal’s work, the individual’s disability prevents using these devices, or the animal is an ESA or service animal within the handler’s own dwelling. In those cases, the handler must maintain control of the animal through voice, signal, or other effective controls.
Animals may not be left unattended at any time on University property, except for service animals left in the handler’s University residence or private office space or ESAs left in the handler’s dwelling unit or private office space. The service animal or ESA may be left unattended only for reasonable periods of time, as determined by the appropriate University staff based on the totality of the circumstances. A service animal or ESA that is left unattended in a private office space must be crated during their handler’s absence. The University may request impoundment of an ESA or service animal left for longer than a reasonable period of time. Owners of impounded animals will be held responsible for payment of any impound and/or license fees required to secure the release of their animals.
A handler who leaves their service animal or ESA unattended for longer than a reasonable period of time will receive one warning, and if the behavior occurs a second time, the University reserves the right to require the handler to remove the animal from campus and to prohibit the animal from being permitted back onto University property.
All handlers are responsible for compliance with state and local laws concerning animals (including registration, vaccinations, and tags), for controlling their animals, for cleaning up any waste created by the animal, and for any damage caused by the animal to individuals or property while on University property.
Procedures
Employees and all others performing work for the University who seek the presence of a service animal or an ESA as a workplace accommodation must receive approval from the Department of Human Resources in advance of reporting for work with the animal.
Human Resources will determine whether the request represents a reasonable accommodation for a documented disability and whether or not granting the request would pose an undue hardship to Bryant. The terms of the approval, including where the service animal or ESA will and will not be permitted, will be determined and documented by Human Resources, after the facilitation of an interactive accommodations process with the employee, their treating physician/practitioner and their supervisor(s).
Appeals and Grievances
Any individuals who feel that they have been unfairly denied the ability to bring or maintain an animal on University property, may contact the Human Resources Office.
Violations of Policy / Removal of Animal / Disruptive Animals
Access to University property may be restricted or revoked under the circumstances outlined below. Restrictions or exclusions will be considered on a case-by-case basis. The University reserves the right to remove or exclude an approved animal from University property for appropriate reasons, including (among others) if:
- The animal poses a direct threat to health and safety
- The handler does not maintain control of the animal, including (but not limited to) during any interactions with other animals
- The presence of an animal fundamentally alters a University program or creates a disruptive work environment for another staff/faculty
- Improper/Inadequate care of the animal is exhibited, including (but not limited to) if the animal is not housebroken
- Damage or harm is caused by the animal
- The handler violates any of the responsibilities as outlined in this policy
If the presence of an animal poses a direct threat to the health and safety of others, the University reserves the right to remove or exclude an animal from University property. In such a situation, Public Safety may be contacted to assist in the removal of the animal. If a handler’s animal is disruptive in the workplace, the handler’s supervisor may ask the handler and their animal to leave the workspace immediately. If a handler’s animal is disruptive at a University event, the event organizer may ask the handler and their animal to leave the event immediately.
Questions about a disruptive animal should be directed to Human Resources at 401-232-6010.
Exclusions – This policy does not apply to
- Fish in aquariums no larger than ten gallons as follows:
-
- For staff who reside on campus as a condition of employment, such aquariums are permitted in their private dwelling space without advance notice or permission;
- Within employee workspaces, such aquariums are allowed only with the express advance, written authorization of the handler’s manager/supervisor. At any time, a manager may revoke approval for such an aquarium, requiring its immediate removal from the workspace; and
- The handler has responsibility for maintaining the aquarium in a clean and sanitary manner and for any damage caused by the aquarium. Animals other than fish are not allowed in such aquariums;
- University-maintained fish in aquariums of any size located in waiting rooms or other public areas
- Animals approved by the University for use in research and classes on campus, based on requests by faculty for such use. Such requests may be granted only upon showing that the presence of the animal is for a bona fide educational purpose, and such purpose is clearly delineated on the course syllabus as a central topic in class. Prior permission must be obtained from the Dean and Provost’s Office;
- Animal related programs within controlled spaces for non-educational purposes fully reviewed and approved by the Provost’s Office, the Vice President of Student Affairs/Dean of Students, the Vice President for Human Resources, or their designees. Such requests may be approved only upon a showing that there exists a well-developed program with defined parameters, to be administered by appropriately trained staff;
- Animals used in police, search and rescue operations on University property;
- Animals trained for and used in community policing;
- Animals trained for and used in a clinical therapeutic setting on campus, such as a counseling center; and
- Appearances by the official mascot of the University and/or official mascots of other institutions as approved by event organizers.