615 Animals in University Facilities and on University Grounds - OU Administrative Policies and Procedures

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SUBJECT:	ANIMALS IN UNIVERSITY FACILITIES AND ON UNIVERSITY GROUNDS
NUMBER:	615
AUTHORIZING BODY:	VICE PRESIDENT FOR FINANCE AND ADMINISTRATION
RESPONSIBLE OFFICE:	ENVIRONMENTAL HEALTH & SAFETY
DATE ISSUED:	AUGUST 2010
LAST UPDATE:	AUGUST 2010
RATIONALE: This Policy is intended to enhance the safety and health of faculty, students, staff, contractors, vendors and other visitors, and to supplement the existing Oakland University Ordinances, by providing rules and restrictions regarding the presence of animals in Oakland University (“University”) facilities.
POLICY: No person shall bring any animal(s) into a University Facility unless otherwise permitted by this Policy.
SCOPE AND APPLICABILITY: This Policy applies to all University faculty, students, staff, contractors, vendors and visitors.
DEFINITIONS: *Service Animals:* Means “Service Animals” as that term is defined in 28 CFR § 36.104, as it may be amended from time-to-time. Generally speaking, Service Animals include any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but 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. *University Facility or University Facilities:* Means any building, facility, structure or improvement, open or enclosed, that is owned, licensed, leased by, or under the control of, the University.
PROCEDURES: No person shall bring any animal(s) into a University Facility except as follows; provided, however, that any such animal brought into a University Facility is properly licensed, vaccinated and tagged as required by applicable law: A. Service Animals while they are assisting individuals with a “disability,” as defined in 28 CFR § 35.104 as it may be amended from time-to-time, unless the service animal poses a direct threat to the health or safety of others or the presence of the service animal will result in a fundamental alteration of the services, programs or activities with a University Facility or an area of such a University Facility. Individuals with a disability who wish to bring a service animal into a University Facility must contact the University’s Office of Disability Support Services (students) or the University’s ADA Coordinator (faculty, staff and others); and B. Animals under the control of a law enforcement officer acting in the course of his or her duties; and C. Animals approved by the University for use in research or for instructional purposes are permitted only in the University’s Biomedical Research Support Facility or other University Facilities as approved by the University’s Institutional Animal Care and Use Committee ; and D. Animals kept in the residence halls, student apartments, family housing and greek cottages as approved by the Department of University Housing; and E. Animals kept in private homes in the Meadow Brook Subdivision in accordance with the terms of any applicable lease agreements; and F. Animals required for an event sponsored by the University or a student organization; provided, however, that the event has been approved in writing by the vice-president for the sponsoring school or department, or by the Vice President for Student Affairs in the case of a student organization, and the University’s Director of Risk Management; and G. Other animals when authorized in writing by the University’s president, or his or her designee, or when required by law. No person shall feed, bait, build shelter for or inject medication into Wildlife occupying University Grounds. Sighting of injured or potentially dangerous wild animals on campus should be reported to the Oakland University Police Department at (248) 370-3331. Individual Responsibilities. An individual who brings an animal into a University Facility or onto University Grounds as permitted by this Policy is solely responsible for: (i) the full control, supervision and care of the animal; (ii) ensuring that the animal does not urinate or defecate in any University Facility; (iii) cleaning and removing any urine from a University Facility or feces from a University Facility or University Grounds; (iv) reimbursing the University for any costs associated with the repair of any real and/or personal property and/or University Facility damaged directly or indirectly by the animal or the animal’s presence in a University Facility; (v) complying with all other applicable University ordinances, policies, practices and procedures, including without limitation Ordinance No. 4.17; and (vi) complying with any applicable local, state or federal ordinances, statutes and regulations. Removal and Restricted Areas. The University may require the removal of any animal that is in a University Facility as permitted by this Regulation, or prohibit animals from designated areas within University Facilities, if the University determines, in its sole and exclusive discretion, that the animal: (i) has damaged any real or personal property or University Facility; (ii) is a threat to the health or safety of others; (iii) is disruptive (e.g., barking, wandering, displaying aggressive behavior) and, if the animal is a service animal the behavior is outside the duties of the service animal; (iv) is ill, unhygienic, unclean and/or unsanitary; (v) may fundamentally alter the nature of a University program or activity (e.g., research labs, areas requiring protective clothing, food preparation areas); or (vi) as otherwise permitted or required by law. The University may also require the removal of any animal from a University Facility if the University determines, in its sole and exclusive discretion, that the individual bringing the animal into the University Facility has failed to comply with the requirements of this Policy. In addition, any unattended animals may be impounded and/or turned over to Oakland County Animal Control. Reporting Violations of this Policy. Violations of this Policy, and animals that are threatening other animals or humans, should be reported to the Oakland University Police Department at (248) 370-3331. Violations of this Policy. In addition to removal of animals as provided in this Policy, any violation of this Policy by: (i) any University faculty, staff or other employee may result in discipline up to and including termination of employment (subject to the grievance, discipline and other provisions of any applicable collective bargaining agreement); (ii) any University student may result in discipline up to and including expulsion; and (iii) any other person may result in the person being prohibited entering any University Facility and/or entering upon the University’s campus. Persons violating this Policy may also be subject to civil and/or criminal penalties as provided for in any applicable University policy or ordinance and/or any local, state or federal laws or regulations. Assistance. Please contact the Office of Environmental Health and Safety at (248) 370-4196 for assistance in interpreting this Policy.
RELATED POLICIES AND FORMS: OU AP&P # 640 Oakland University Ordinances, including without limitation Sections 4.14. 4.17 and 4.27
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