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Exposure to Blood-borne Pathogens Free Speech, Distribution of Materials and
Persons with a disability requiring an Animal as an Accommodation are required to contact Support Services in the K. Ray Bailey Student Services Center to determine specific accommodations for which the individual may be eligible prior to being permitted to bring an animal to campus. Individuals approved for accommodations which include an animal will receive a letter of accommodation that must be kept with the animal at all times and must be provided to any campus official upon request.
Responsibilities of the College Community
If the need for a Service Animal is clear, individuals may not question the presence of the animal on campus. If the need for a Service Animal is not apparent, members of the campus community are permitted to ask the individual two questions: 1. Is the animal required because of a disability? 2. What work or task(s) has the animal been individually trained to perform? At no point may campus community members require a Service Animal to demonstrate the tasks for which they have been trained nor may they inquire as to the nature of the individual’s disability. If an individual indicates the animal is an Animal as an Accommodation (oftentimes referred to as an Emotional Support (“Comfort”) Animal in popular vernacular), the letter of accommodation must be provided to the requesting college official. If the letter of accommodation is not in the possession of the individual, the college official should contact Support Services for verification of accommodation or the animal may be removed from campus. Individuals with medical issues who may be impacted by the presence of a Service Animal or an Animal as an Accommodation should communicate with Support Services or Human Resources if they have a concern about exposure to said animal. The individual with the concern will be asked to provide medical documentation that identifies a disability and the need for a reasonable accommodation.
Consequences for Violations
The College has the authority to remove a Service Animal or Animal as an Accommodation from its facilities or properties if the animal becomes unruly or disruptive, unclean and/ or unhealthy to the extent that the animal’s behavior or condition poses a direct threat to the health or safety of others or otherwise causes a fundamental alteration in the College’s services, programs, or activities. The person with a disability is responsible for the costs of repair to any damage to College property caused by the service animal. It is a Class 3 misdemeanor “to disguise an animal as a service animal or service animal in training” (N.C.G.S. § 168-4.5). In other words, it is a crime under North Carolina law to attempt to obtain access for an animal under the false pretense that it is a service animal. In addition, it is a violation of the Asheville Animal Ordinance to conceal any animal for the purpose of evading any federal, state or local law. Additionally, any student who violates any portion of this procedure is subject to discipline under the Student Code of Conduct in addition to any applicable federal, state, or local laws.
