Guidelines

The University at-large, with the exception of staff responsible for implementing this policy, will not ask about the nature or extent of a person’s disability to determine whether a person’s animal qualifies as a service animal. However, when it is not readily apparent that an animal is a service animal, members of the UT Austin community may make two inquiries to determine whether the animal qualifies as a service animal, which are:

1. Is the animal required because of a disability?
2. What work or task has the animal been trained to perform for the benefit of your disability?

Responsibilities

Animals are permitted on campus grounds and, in some cases, are permitted into UT Austin buildings, provided the animal’s handler follows federal, state, and local laws and those rules covered in this policy. An individual bringing an animal to campus is expected to be mindful that the animal may constitute a hazard to others, especially in confined or closed spaces. Such hazards may include allergies and bites. In addition, the presence of an animal in certain areas may distract or interrupt activities or may create a nuisance, including the nuisance caused by animal waste, noise, and damage to property.

An individual bringing an animal to campus is required to exercise reasonable control over their animal in order to minimize the risk to others and to property. The animal handler is responsible and liable for the animal at all times while the animal is on campus. Any injury to a member of the University community or damages to UT Austin property caused by an animal will be the responsibility of the animal handler. Additionally, the following rules apply to animals on campus:

• Animals must comply with any and all county and state laws including, but not limited to, animal license requirements, vaccination, and identification tags.
• An animal’s handler must keep the animal under control and take effective action when it is out of control.
• An animal’s handler must secure the animal to a leash, cord, chain, or similar direct physical control of a maximum length of six (6) feet, the other end of which is restrained by a person. If this constraint interferes with the animal’s work or if the individual’s disability prevents using these devices, the individual must maintain control of the animal through voice, signal, or other effective means.  Physical constraint of the animal does not apply to approved animals kept within an individual’s University housing assignment.
• Animals must not be tethered to a stationary fixture or tree, or left unattended on campus.
• Animals must not be abandoned on campus. Abandonment of an animal may be considered a cruel and illegal act under Texas’ anti-cruelty statutes.
• An animal’s handler is responsible for feeding and exercising the animal.
• An animal’s handler is responsible for cleaning up after the animal and disposing of its waste.
• An animal’s handler is responsible for paying for the costs associated with repair or replacement for any damage caused by the animal.
• UT Austin may take reasonable efforts to remove an animal confined in a vehicle when there appears to be imminent danger to the animal due to inadequate ventilation or temperature. UT Austin is not liable for any associated repair/damage costs to the vehicle for this action and the animal’s owner assumes full responsibility.
• Individuals must not falsely claim that an animal is a service animal or emotional support animal when it is not. Such an action is in violation of state and federal law.
• Under Texas state law, it is a crime to hurt, maim, attack, or kill a service animal or emotional support animal.
• Under Texas state law, a person who habitually abuses or neglects to feed or otherwise neglects to properly care for his or her animal is subject to having the animal seized and removed.

Removal of an Animal

In all cases, the handler of the animal is responsible for the animal’s behavior. In the event that removal of a service animal or emotional support animal is determined to be necessary, the person with a disability will still have the opportunity to participate in the service, program, or activity without having the animal present. UT Austin may remove or require an individual to remove an animal from campus if:

• The animal is out of control and the handler fails to control it.
• The animal’s waste is not being properly disposed of or the animal is damaging campus property.
• The animal poses a threat to the health or safety of others.
• The animal’s handler does not provide the standard of care required by state law, including, but not limited to, the failure to provide the necessary food, water, care, or shelter for an animal in the person’s custody.
• The animal does not have the licenses, vaccinations, and identification required by state law.

Does a service animal have to be on a leash?

It depends. Service animals must be under control, which means harnessed, leashed, or tethered, unless the device interferes with the service animal’s work or the individual’s disability prevents using the device. In that case, the individual must maintain control through voice, signal, or other effective controls.

When can service animals be excluded or removed?

Service animals are allowed in public facilities. If a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded or asked to be removed from the premises. Service animals may be excluded from certain areas where the animal’s presence may compromise a sterile environment. In teaching labs where hazardous materials may harm a service animal, the instructor of record should have an interactive conversation about the hazards with any student accompanied by a service animal. If an animal is excluded, the individual with a disability is given the opportunity to participate in the service, program, or activity without having the service animal on the premises.

What can UT Austin affiliates ask to determine if an animal is a service animal?

The University at-large, with the exception of staff responsible for implementing this policy, will not ask about the nature or extent of a person’s disability to determine whether a person’s animal qualifies as a service animal. However, when it is not readily apparent that an animal is a service animal, members of the UT Austin community may make two inquiries to determine whether the animal qualifies as a service animal, which are:

1. Is the animal required because of a disability?
2. What work or task has the animal been trained to perform for the benefit of your disability?

What is an emotional support animal?

Emotional support animals provide emotional support, well-being, comfort, or companionship to their owners. An emotional support animal must be domesticated, and well-behaved. Their presence is generally limited to an individual’s UT Austin housing assignment.

Is an emotional support animal considered a service animal?

No. An emotional support animal is not a service animal and not afforded access to all public places. Emotional support animals are afforded protections under the Fair Housing Act (FHA).

Does the Americans with Disabilities Act require service animals to be professionally trained?

No. Service animals can be trained by their owner or by another handler. People with disabilities are not required to use a professional service animal training program.

Is a service animal required to wear a service vest, patch or special harness identifying them as a service animal?

No. The ADA and the State of Texas do not require service animals to wear a vest, ID tag, or specific harness.

Is a service animal or emotional support animal required to have vaccinations?

Yes. Individuals with service animals and emotional support animals are not exempt from local animal control or public health requirements.

What is the difference between a service animal, an emotional support animal, and a pet?

A service animal is specially trained to perform certain tasks for a person with disabilities. The traditional service animal most people are familiar with is a seeing-eye dog. Service animals can be trained to assist with many different types of visible and invisible disabilities, including seizures and mobility limitations. A service animal is generally permitted to be on UT Austin property in any place where the animal’s handler is permitted to be. In certain limited situations, a service animal may be prohibited for safety and health reasons. Although most service animals are dogs, in some circumstances, a miniature horse may be considered as a service animal.

An emotional support animal is an animal that is necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling when there is an identifiable relationship or nexus between the person’s disability and the assistance the animal provides. While emotional support animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the Americans with Disabilities Act.

A pet is generally a domestic or tamed animal kept for companionship that is not trained to provide any emotional, therapeutic, or medical services or tasks.

I have an approved animal in my residence and will be away for a period of time. May I ask someone to care for my animal?

Generally, no. The handler (owner) has primary responsibility for the approved animal and therefore should keep the animal in his or her possession at all times when possible and/or make arrangements for the animal to be housed off-campus during an extended period of leave.

Is a pet permitted on campus?

Pets are permitted in outdoor areas open to the general public.

What if an animal damages or destroys property and/or injures another animal or individual?

Any handler whose animal causes damage to property may be charged for replacement and repair of UT Austin or other individuals’ assets, including grounds, personal property and improvements.

If the presence of an animal poses a direct threat to the health and safety of others, UT Austin reserves the right to remove or exclude an animal from UT Austin property. In such a situation, UTPD may be contacted to assist in the removal of the animal.

What about Bevo?

Bevo is explicitly allowed on campus pursuant to the policy and is overseen by trained handlers.

Are service animals allowed in dining areas?

Yes. Individuals with disabilities are permitted to be accompanied by their service animals while visiting dining areas.

What needs to happen if a service animal is behaving aggressively towards others or a student is behaving aggressively towards a service animal?

Call campus police at 9-1-1.

What if someone brings a service animal to class and another student or employee has severe allergies around animal dander?

When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility. The final determination regarding how to manage the situation will be made on a case-by-case basis. Please contact Disability and Access (if a student) or Institutional Accessibility and Accommodation ( if an employee) for further information if a situation of this nature occurs.

Where can I go for additional resources?

Department of Justice FAQs at https://www.ada.gov/regs2010/service_animal_qa.html 

Office of the Texas Governor at https://gov.texas.gov/organization/disabilities/assistance_animals