The Cleveland Institute of Art (CIA) is committed to providing a supportive and inclusive environment for students with disabilities, as well as to complying with all applicable provisions of the Americans with Disabilities Act (ADA), as amended, Section 504 of the Rehabilitation Act of 1972, and the Fair Housing Act (FHA). Students utilizing a service animal, as established by the ADA, shall not be excluded from CIA facilities, housing, or activities.

While not required for non-residential students, it is strongly recommended that students utilizing a service animal connect with Wellness + Accessibility Services (WAS) ([email protected]) to discuss additional accommodations and services from which they may benefit. Residential students are strongly encouraged to notify WAS as early as possible regarding the presence of a service animal in on-campus housing so that roommate and housing-related arrangements can be facilitated.

Students interested in utilizing an emotional support animal, not a service animal, are required to work with Wellness + Accessibility Services and follow the associated policies and procedures for emotional support animals.

The ADA defines service animals as “dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with post-traumatic stress disorder during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or tasks a dog has been trained to provide must directly relate to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.”

In addition to provisions related to service dogs, the ADA has separate provisions relating to miniature horses that have been individually trained to do work or perform tasks for people with disabilities. As defined by the ADA, “Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 lbs.” ADA regulations set out four assessment factors to assist in determining whether miniature horses can be accommodated in a facility: 

1. Whether the miniature horse is house broken. 

2. Whether the miniature horse is under the owner's control.  

3. Whether the facility can accommodate the miniature horse's type, size, and weight. 

4. Whether the miniature horse's presence will not compromise legitimate safety requirements necessary for safe operation of the facility. 

While dogs are the primary service animal recognized under Titles II and III of the ADA, entities must also make reasonable modifications to permit certain trained miniature horses where appropriate. Students wishing to utilize a miniature horse as a service animal are required to meet with Wellness + Accessibility Services to discuss the four provisions detailed above.

The ADA allows service animals accompanying persons with disabilities to be anywhere that is open to members of the public, students, staff, and faculty. There may be individual exceptions in places where the presence of the service animal may compromise safety or a sterile environment and/or interfere with the fundamental nature of the activities being conducted.

Per the ADA, “When it is not obvious what service an animal provides, only limited inquiries are allowed.” Questions related to the student’s disability, requiring medical documentation, requiring special identification or training documentation for the animal, or asking for the animal to demonstrate its ability to perform the work or task are prohibited. By law, CIA staff may ask two questions: 

1. Is the dog a service animal required because of a disability? 

2. What work or task has the dog been trained to perform? 

• The handler must provide care and supervision of the service animal at all times. The College, and any other member of the CIA community, is not responsible for the animal’s care or supervision.
• The animal cannot pose a direct threat to the health and safety of others. Allergies to or fear of animals, by themselves, do not constitute a direct threat.
• The handler must abide by local ordinances regarding animals including requirements for immunization, licensing, noise, restraint, and at-large animals.
• The handler must be in full control of the animal at all times. Per the ADA, “A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual's disability prevents using these devices or these devices interfere with the service animal’s safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.”
• The handler is liable for damage caused by the animal.
• The handler is responsible for instructing others on appropriate interactions with the animal and setting and enforcing clear expectations.
• The handler is responsible for properly managing and removing animal waste.
• The animal must not be placed in a location blocking access for others.
• The handler must ensure the animal is in good health, clean, and free of fleas and ticks.

A service animal may be excluded from any authorized area and the student handler may be subject to disciplinary action under the Student Code of Conduct in the following instances:

1. The service animal displays aggressive or disruptive behavior or noises and effective action is not taken to control it; unless such noise or behavior is part of the needed disability service to the handler.
2. The service animal is not housebroken.
3. The service animal poses a direct threat to the health and safety of others. Allergies to or fear of animals, by themselves, do not constitute a direct threat.
4. The service animal is not in good health, well-groomed, or cared for.
5. The service animal inappropriately infringes into the personal space of others.
6. The handler intentionally uses the service animal to block identified emergency exits. 

In the event that restriction or removal of a service animal is determined to be necessary, every effort will be made to assure that the student maintains access to the programs, services, or activities of CIA, without the animal.

In the event that a service animal is excluded from any authorized area, whether related to the instances described in this policy or otherwise, a student reserves the right to appeal this decision. Appeals should be provided in writing to the Associate Vice President for Student Affairs (AVPSA) + Dean of Students by emailing [email protected]. The emailed appeal should include a statement specifically describing the nature and basis of the appeal. In reviewing the appeal, the AVPSA + Dean of Students may interview the student and other appropriate parties, request documents or other materials, and conduct appropriate reviews. The AVPSA + Dean of Students will attempt to resolve the appeal request within a reasonable period, generally not exceeding five business days after receipt of all requested information. Appeal decisions made by the AVPSA + Dean of Students are considered final.