1. Purpose
Northeast Alabama Community College is committed to supporting and making reasonable accommodations for students with disabilities to the best of its ability and within college policies. NACC is also committed to compliance with state and federal laws regarding individuals with disabilities.
This policy complies with the Americans with Disabilities Act (ADA) of 1990 as amended; Section 504 of the Rehabilitation Act of 1973.
2. Definitions
Owner: Owner means 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.
Service Animal: A service animal means any dog that is individually trained to do work or perform tasks for an individual with a disability, including physical, sensory, psychological, intellectual, or other mental disability. The work or task performed by the service animal must be directly related to the individual’s disability.
3. Where Service Animals Are Allowed
Generally, owners of service animals are permitted to be accompanied by their service animal in all areas of the college facilities and programs where the owner is allowed to go. Such areas include public areas, public events, classrooms, and other areas where college programs or activities are held. Limited exceptions for service animal access are noted under Section 8.
4. Assessing Service Animal Status
- Permitted Inquiries
College personnel must permit service animal access to an event or activity with its owner when it is readily apparent that the animal is trained to do work or perform tasks for its owner. Examples include, but are not limited to, a dog guiding an individual who is blind or has low vision, pulling an individual’s wheelchair, or aiding with stability or balance to an individual with an observable mobility disability.
If the need for the service animal is not apparent, college personnel may only ask the following of service animal owners:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
If the owner states that the animal is required because of a disability and that the animal has been trained to do work or a task for the owner, then the service animal must be admitted. (See Section 8) for areas where a service animal may be excluded). If there is any doubt that an animal is a service animal, college personnel should admit the animal and then consult the ADA Compliance Coordinator regarding future access.
Service animal owners must not be asked about the nature of their disability or for medical documentation proof. Owners may not be asked for a special registration, identification card, license, or other documentation that the animal is a service animal or to demonstrate the animal’s ability to perform work or tasks.
- College Assistance
Service animal owners, including students and guests, who regularly access college buildings should contact the designated ADA Compliance Coordinator (Section 10). The ADA compliance Coordinator can then assist the owner by providing advance notice to college personnel, such as faculty, advisors, building coordinators, etc., that the owner and service animal are entitled to access.
5. Service Animal Owners’ Responsibilities
Service animal owners are responsible for damage or injury caused by the service animal. Owners are responsible for complying with any relevant city, county, and or state license and leash laws while the service animal is on college premises. Owners are responsible for maintaining the service animal including, but not limited to, the following:
- Keeping the service animal under their direct control at all times, such as by a harness, leash, or other tether; however, if the use of a harness, leash, or other tether interferes with the service animal’s safe, effective performance of work or tasks, or if the owner’s disability prevents the use of such devices, then the service animal must be under the owner’s control through voice control, signals, or other effective means;
- Ensuring the service animal does not disturb or disrupt normal academic or administrative functions;
- Immediately cleaning up after the service animal and properly disposing of the service animal’s waste or other debris;
- Preventing the service animal from entering any fountain or pond located on the college premises; and
- Complying with any relevant city, county, and/or state license and leash laws while the service animal is on college premises.
6. Removal of Service Animals from the College Facilities
College personnel may only ask service animal owners to remove their service animal from college premises or from the immediate area as follows:
- If the service animal is not under the owner’s direct control or the service animal is disturbing or disrupting the normal administrative, academic, or programmatic routine, the owner must be given an opportunity to get the animal under control. If the disruption or disturbance continues, the owner may be asked to remove the animal; or
- If the presence, behavior, or actions of the service animal constitutes an immediate risk or danger to people or property, the owner can be asked to immediately remove the animal and 911 (emergency assistance) may be contacted.
If asked to remove the service animal, the owner must be offered the opportunity to return to the college premises or the immediate area without the service animal and be provided with reasonable assistance at that time to participate in the college service or program.
A service animal may only be excluded for an individual event based on its or the owner’s behavior at that event. The service animal or its owner cannot be excluded from future events based on a problem at a past event, except as provided in Section 7.
Owners with concerns about the removal of their service animal should contact the ADA Compliance Coordinator (See Section 10).
7. Violations of Policy
Depending on the seriousness of the animal’s conduct or repeated conduct, service animals may be excluded from college property temporarily or permanently. The ADA Compliance Coordinator is responsible for conducting the necessary assessments regarding ongoing or permanent removal of a service animal. If a service animal is excluded, the ADA Compliance Coordinator will evaluate reasonable accommodations for the owner (see Section 10).
Owners who violate this policy or disregard an instruction to remove or exclude a service animal from college property may be subject to additional penalties, including banning from any college property or other fines or penalties under applicable city, county, or state rules, regulations, or laws. Violations of this policy by the owner may be referred for corrective or disciplinary action.
8. Restrictions on Access for Service Animals
A service animal may be restricted from specific areas of the college when consistent with other college policies, state, and/or federal laws/regulations.
Examples of these areas may include:
- Food preparation areas;
- Medically sensitive patient and clinic areas; and
- Biologically sensitive or hazardous sites.
If a service animal is restricted from certain areas, the designated ADA Compliance Coordinator will assist in evaluating reasonable accommodations for the owner (see Section 10).
9. Service Animals in Training
Service animals in training may be permitted, but any individual bringing a service animal in training on college property is responsible for complying with this policy, including Section 5.
10. ADA Compliance Coordinator
Disability services are available for students enrolled at Northeast Alabama Community College and campus visitors. The ADA Compliance Coordinator is available, by appointment, to review individual concerns relating to compliance and to provide compliance support for discrimination based on disability and providing access and reasonable accommodation for persons with disabilities.
ADA Compliance Coordinator: Riley Holland
Email : hollandr@nacc.edu
Phone: 256-638-4418 Ext. 2222
11. Complaint Resolution Resources
Individuals who wish to make a complaint of discrimination, including a failure to permit access to a service animal under this policy, should follow the ADA Complaint Process adopted by the college. This process can be found in the NACC Catalog and Student Handbook and on the Disability Services webpage on the NACC website.
Individuals who wish to file allegations of discrimination may also contact the U.S Department of Education Office for Civil Rights (OCR).