Administrative Procedures

Live Animals on Campus

1. Purpose

This Procedure provides understanding and guidance for KCTCS faculty, staff, and students, as well as community members about when and under what circumstances live animals are allowed on campus.

2. Scope

This Procedure applies to all KCTCS owned or controlled premises and all members of the KCTCS community, including employees, students, volunteers and visitors.

3. Definitions

These definitions are provided to ensure a common knowledge base and understanding among stakeholders:

1. Service Animal: Per the Americans with Disabilities Act of 1990 (ADA), a service animal (dog or miniature horse) is individually trained to do work or perform tasks for the benefit of a person with a disability, including physical, sensory, psychiatric, intellectual or other disability. The work or tasks performed by a service animal must be directly related to the handler’s disability. Examples of work or tasks a service animal might perform include, but are not limited to: 
   • assisting a person who is blind or has low vision with navigation
   • alerting a person who is deaf or hard of hearing to the presence of people or sounds 
   • pulling a wheelchair
   • assisting the person during a seizure
   • providing physical support to ensure balance or stability
   • preventing or mitigating disruptive or impulsive behaviors.
     
     
2. Service Animal in Training: An animal that is being trained to do work or perform tasks for the benefit of a person with a disability, including physical, sensory, psychiatric, intellectual or other mental disability.
   
   
3. Emotional Support Animal: An animal prescribed to a person with a disability by a mental or healthcare provider that is a significant component of a treatment process to eliminate or mitigate the symptoms of a disability (i.e. depression, anxiety, loneliness, and fears). An emotional support animal does not assist a person with disabilities with daily living activities, because it is not trained to do so. These animals do not qualify under the ADA and are not required to accompany the person at all times. ESAs are not permitted on KCTCS property. 
4. Handler: Person with a disability that has control of the Service Animal.
   
   
5. Person with a Disability: Pursuant to the ADA , a person with a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; or being regarded as having such an impairment.
   
   
6. Direct Threat: A significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, procedures, or use of auxiliary aids or services.

4. Service Animals on Campus

According to the ADA and state laws, people with disabilities are allowed public access rights for Service Animals that are trained to do work or perform tasks for their handler. Consequently, Service Animals and Service Animals in Training are legally allowed to accompany the person onto campus grounds and into all campus facilities where the public is normally allowed to go.

1. Handler Responsibilities
   1. The ADA requires the Service Animal be:
      1. Well behaved and under control, on a leash or harness o If the handler is unable to hold a tether because of a disability, the animal must be under control by other means.
      2. House-broken
      3. Well-groomed
      4. Vaccinated according to state and local laws
      5. Trained to perform one or more tasks for the person to help the person navigate their disability and accomplish major life activities
   2. Further, the handler is responsible for:
      1. Clean-up after the Service Animal
      2. Any damages the Service Animal may do.
         
         
2. College Responsibilities
   1. Service Animals are not pets. If a person’s need for a Service Animal and the qualifications of the animal are not obvious, college personnel may ask the handler only two specific questions:
      1. Is the Service Animal required because of a disability?
      2. What work or task is the animal trained to perform?
   2. Under the ADA, college staff may not request medical documentation that “proves” the need for the Service Animal, require training documentation or other special identification of the animal’s status as a Service Animal, require the animal to demonstrate its tasks, or inquire about the nature of the person’s disability. Colleges may host a voluntary registry of animals. This process might include confirming animal vaccinations. It is a violation of ADA provisions for College personnel to require an individual to register their service animal with the College.
   3. College staff may not exclude a Service Animal solely on the basis of another person’s fear of or allergy to the Service Animal. The college should engage in an interactive process that leads to a solution that accommodates both individuals.
   4. College personnel may ask a Handler to remove a Service Animal that: 
      1. Behaves in a manner that poses a direct threat to the health and safety of others 
      2. Behaves in an out of control manner that the handler fails to take effective action to control
      3. Is not housebroken
      4. Behaves in a manner that causes a fundamental alternation to programs, services, facilities, etc.
         If the animal is removed, College personnel must offer the person the opportunity to obtain the goods or services without the animal’s presence.
   5. KCTCS may prohibit or restrict the use of Service Animals or those in training in certain locations due to health or safety restrictions, such as certain health care areas or food preparation areas. Disability Support Services staff at each college can assist Handler with identifying restricted areas.
      
      
3. Campus Community Responsibilities
   Service Animals are not pets and are on campus to work and perform tasks for the Handler. Other members of the campus community must not:
   • Touch or feed a Service Animal without Handler’s express permission/invitation 
   • Deliberately distract, startle, or antagonize a Service Animal
   • Interfere with or separate a Service Animal from its Handler
     Any action that interferes with a Service Animal may be subject to disciplinary action.
     
     
4. Emotional Support Animals
   1. Emotional Support Animals (therapy or comfort animals) do not qualify as service animals under the ADA and are not permitted on college grounds or in college buildings.
   2. College personnel can request removal of an emotional support animal.
   3. Should the animal cause damage to or require clean-up of college facilities, it will be the individual’s responsibility to perform clean up or pay for damages caused by the animal.

5. Live Animals For Teaching and Instruction

The Federal Animal Welfare Act provides the United States Department of Agriculture (USDA) through is Animal Plant Health Inspection Service (APHIS) requirements to ensure the proper care for all laboratory animals and for providing humane care and facilities. According to the related policy, no KCTCS college shall use venomous insects or snakes in a KCTCS facilities. The use of venomous insects and snakes is expressly prohibited.

The insect Apis mellifera (honeybee) is not a venomous insect for the purposes of this procedure and may be used on campuses.

Institutional Responsibilities:

KCTCS colleges that wish to use vertebrate animals on their grounds or facilities must:

• Seek the proper APHIS registration,
• Form an Institutional Animal Care and Use Committee (IACUC) and
• Meet the requirements promulgated by the USDA

6. Live Animals for Events, Productions, and Performances

The presence of live animals in rehearsal or onstage can create safety and health hazards for cast, crew, patrons and the public. Implementation of this procedure also provides for the proper care and protection of an animal while in a production. 

1. Procedures
   Employees and approved outside entities may use live animals for approved official events on campus or in connection with an approved college-sponsored event only with the approval of the College President or her/his designate, subject to the terms of this procedure.
   
   
2. Approval
   1. Only a college employee may sponsor an event using live animals on campus, and such employee is responsible for enforcing the terms of this procedure. Outside entities that plan to use animals for an on-campus event must have an employee sponsor.
   2. Employees who wish to use or sponsor an outside entity to use live animals in an approved college event shall submit to the Chief Business Officer a written request for approval at least four (4) weeks before the first date the animal shall be on campus. The request shall include:
      • Explanation of the need for the animal(s);
      • Description of the use, number, and type of animals to be used;
      • Dates the animal(s) shall be on campus;
      • Location animal(s) will be housed before, during, and after use;
      • Animal health records;
      • Name and contact information of experienced animal handler;
      • Copy of insurance policy covering the outside entity’s liability exposure and a Certificate of Insurance naming the college and KCTCS as additional insureds for the on-campus event(s).
   3. The Chief Business Officer shall review and approve/disapprove the request within fourteen (14) days.
   4. Notifications: Once a request to use live animals on campus is approved, the following college offices and teams should be informed about the use of animals on campus:
      • President
      • Institutional Animal Care and Use Committee
      • Safety Officer
      • Marketing
        
        
3. General Requirements
   1. All animals used in any on-campus function shall be treated humanely. • See http://www.americanhumane.org/publication/guidelines-forproducersfilmmakers/ for guidance on how to handle specific species of animals.
   2. Animals may not enter into food preparation, service, or places where dining occurs.
   3. Unless approved as part of the performance, animals may not be in contact with nonperforming people.
   4. The college employee is responsible for submitting a contract or agreement related to an event or performance to the Chief Business Officer for review and then forward such documents and all attachments/appendices to System Office Business Services at contracts@kctcs.edu. System Office Business Services shall perform an initial review and coordinate review of the document(s) by other offices as appropriate.
   5. Patrons and the public must be notified of the use of an animal by appropriate signs in the area of intended use.