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CW 040 - ADA and Reasonable Accommodation

Number

CW 040

Purpose

To facilitate compliance with the requirements of Titles I and II of the Americans with Disabilities Act (“ADA”) which prohibit discrimination on the basis of disability in employment and in all programs, activities and services provided by CWI.

Department

Human Resources and Student Affairs

Effective

September 27, 2016

Last Revision

December 1, 2016

Scope

Applies to all employees, students and visitors.

Definition

Disability: A physical or mental impairment that substantially limits or restricts the conditions, manner, or duration under which an average person in the general population can perform a major life activity, such as walking, seeing, hearing, speaking, breathing, learning, working, or taking care of oneself.

Service Animal: Dogs or, in certain instances, miniature horses that are 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. Service animals may perform tasks that include, but are not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Service animals are working to assist the handler and are not considered pets.

Handler: Any person having an interest in or right of possession to a service animal, or any person having control, custody, or possession of a service animal.

Comfort Animal: An animal that provides comfort, reassurance, social interaction and other emotional benefits. An animal that solely provides comfort or emotional support does not qualify as a service animal, regardless of training. A comfort animal is not considered a service animal, but comfort animals may be allowed on CWI-owned or controlled property on a case-by-case basis as a reasonable accommodation to an individual with a disability.

Pet: A domestic animal kept for pleasure or companionship. Pets are generally not permitted in any CWI-owned or controlled buildings.

Therapy Animal: An animal that provides affection and comfort and is specifically trained to be gentle and stable in stressful situations. Therapy animals are most often used in hospitals, nursing homes, mental health facilities and children’s settings. The use of a therapy animal may be incorporated into the treatment process as prescribed by an appropriate health care professional. A therapy animal is not considered a service animal, but therapy animals may be allowed on CWI-owned or controlled property on a case-by-case basis as a reasonable accommodation to an individual with a disability.

Direct threat: A significant risk to the health, safety or well-being of individuals with disabilities or others when this risk cannot be eliminated by reasonable accommodation.

Policy

Employment: Pursuant to the ADA and applicable regulations and guidelines promulgated by the Equal Employment Opportunity Commission, CWI prohibits discrimination on the basis of disability in its hiring and employment practices. Further, CWI will provide reasonable accommodations to qualified employees or applicants with a disability unless the provision of the accommodation would impose an undue hardship on CWI.

Services, Programs or Activities: CWI similarly prohibits discrimination on the basis of disability in its programs, activities and services. Accordingly, qualified individuals with a disability will not be excluded from participation in or denied the benefit of the programs, activities or services provided by CWI because of their disability. Further, CWI will provide reasonable modifications to its programs, activities and services to allow qualified individuals with a disability to participate in or avail themselves of the benefits of CWI’s programs, activities and services unless such modifications would fundamentally alter the nature of the program, activity or service or impose an undue burden on CWI.

Guidelines

Effective Communication 

CWI will generally, upon a request, provide appropriate aids and services for effective communication for qualified persons with disabilities so they can participate equally in CWI’s programs, services and activities, including qualified sign language interpreters, documents in Braille and other ways of making information and communications accessible to people who have speech, hearing or vision impairments.

Modifications To Policies And Procedures 

CWI will make all reasonable modifications to policies and programs to ensure that qualified individuals with a disability have an equal opportunity to enjoy all of its programs, services and activities. For example, individuals with service animals are welcome in CWI offices, even if pets are otherwise generally prohibited.

Individuals with a disability who need a reasonable accommodation or a modification of policies or procedures to participate in a program, service or activity of CWI, should contact:

Students – Disability Services

Employees – Human Resources

CWI will not place a surcharge on any individual with a disability or any group of individuals with disabilities to cover the cost of compliance measures. Accordingly, CWI will not place a surcharge on the provision of auxiliary aids/services, or other reasonable accommodations nor will it place a surcharge on reasonable modifications of policy or procedures.

Service Animals

Individuals with disabilities may be accompanied by their service animal on all CWI premises where members of the public or participants in services, programs, or activities are allowed to go. CWI recognizes the importance of Service Animals for individuals with disabilities. The purpose of this document is to assist in understanding issues surrounding “Service Animals” and offer guidance on how to create a welcoming and safe environment for CWI students and employees interacting with or utilizing a service animal.

A. Rights and Responsibilities

There are rights, expectations and responsibilities both of a service animal and its handler, as well as members of the CWI community. CWI strives to create a welcoming and safe environment for all individuals based on mutual trust and respect by establishing open and honest communication between all involved parties.

B. A Service Animal Handler

  • Is responsible to be present and in full control of the service animal. A service animal shall have a harness, leash, or other tether unless:
  • The handler is unable to use a harness, leash or tether due to a disability; or
  • Using a harness, leash, or tether will interfere with the animal’s ability to safely and effectively perform its duties.
  • Is responsible for ensuring that the service animal is wearing a leash, harness or cape that identifies the animal as a service animal when on duty anywhere on campus or registering the animal with Disability Services (students) or Human Resources (employees).
  • Is responsible for ensuring the service animal is in good health, including the costs of care necessary for a service animal’s well-being. The arrangements and responsibilities for the care of a service animal is the sole responsibility of the owner at all times, including regular bathing and grooming, as needed.
  • Is responsible for taking the service animal to relieve itself in appropriate outdoor locations, where available, and appropriately disposing of the service animal’s waste. If a suitable outdoor location is not available or inaccessible to the animal’s handler, the handler should discuss alternate accommodations with Disability Services (students) or Human Resources (employees).
  • Is responsible for complying with any and all dog control and licensing laws. Service animals must be current with vaccinations and wear a rabies vaccination tag. Documentation may be required.
  • Is responsible for ensuring the service animal is wearing an up-to-date owner identification tag, including the name and phone number of the owner.

C. Members of the CWI Community

  • Must allow service animals to accompany their handlers at all times and everywhere on campus where the public (if accompanying a visitor) or students (if accompanying a student) are allowed, except for places where there is a health, environmental, or safety hazard. However, service animals are permitted in certain areas, including areas where food is prepared or sold, that might otherwise constitute a health code violation.
  • Must allow service animals to accompany their handlers at all times and everywhere employees are allowed except for places where there is a health, environmental, or safety hazard. However, service animals are permitted in certain areas, including areas where food is prepared or sold, that might otherwise constitute a health code violation.
  • When not readily apparent that an animal is a Service Animal, CWI employees may make only two inquiries about the animal:
  • Is the animal required because of a disability? CWI employees may not ask about the nature of the person’s disability or require medical documentation of a disability.
  • What work or task has the animal been trained to perform? CWI employees may not ask for the animal’s training documentation or ask that the animal demonstrate its ability to perform the work or task.
  • Any questions or concerns that arise about service animals should be referred to Disability Services for students and Human Resources for employees.
  • Report any service animals who misbehave or any handlers (or other individuals) who mistreat a service animal to CWI Security Services at 208.562.3333 or security@cwi.edu.

CWI is committed to ensuring that the needs of all people who require accommodations are met and will decide how to resolve any conflicts or problems as quickly as possible. Reports can be made with Disability Services (students) or Human Resources (employees).

D. Interaction with Service Animals

Service Animals facilitate the specific purpose of aiding their handler with one or more major life activities. Interfering with or disrupting the service animal as it is working may pose a health or safety risk to the handler or the rest of the CWI community. Following standard etiquette when interacting with service animals and the handler aid in protecting against this. Some etiquette rules to follow include:

  • Do NOT pet, touch or otherwise distract a service animal when it is working. Doing so may interfere with its ability to perform its duties.
  • Do NOT feed a service animal. Their work depends on a regular and consistent feeding regimen for which the handler is responsible.
  • Do NOT attempt to separate the handler from the service animal.
  • Do NOT harass or deliberately startle a service animal.
  • Do NOT approach the handler directly regarding questions or concerns related to the service animal’s behavior. Questions, concerns, or complaints regarding service animal behavior should be directed to Disability Services (students) or Human Resources (employees).

E. Removal from Campus

Under certain circumstances, CWI may ask that a service animal leave CWI-owned or controlled property or not participate in an event. Examples of these circumstances may include:

  • If a service animal is found by Disability Services or Human Resources to be out of control, including disruptive or aggressive behavior, and the animal’s handler does not take effective action to control its behavior.
  • If a service animal is not housebroken.
  • If a service animal is physically ill.
  • If the service animal is unreasonably dirty or otherwise displays poor hygiene.
  • If a service animal poses a direct threat to the health or safety of others.

If a service animal continues to engage in disruptive, aggressive, or unhygienic behaviors, which include but are not limited to those described above, the service animal’s handler may be prohibited from bringing the animal onto CWI-owned or controlled property until the handler has taken steps to mitigate the behavior.

We each have an obligation to be supportive of our CWI student or employee colleagues and to help create a welcoming and safe environment at the College. These guidelines are designed to show the ways in which the CWI community, individually and institutionally, can be supportive of someone working with a service animal.