Policies and Procedures

Guidelines for Documenting a Disability 

Disability & Testing Services (DTS) provides opportunities for equal access in college programs, services, and activities, as we recognize that the Oregon Tech community is enriched through the contributions of all its members. In keeping with Sections 504 and 508 of the Rehabilitation Act of 1973, and Americans with Disabilities Act of 1990 (ADA) and its Amendments Act of 2008 (ADAAA), Oregon Tech is committed to providing appropriate academic accommodations and auxiliary aids, to ensure equitable access to higher education for individuals with disabilities. To effectively arrange accommodations and auxiliary aids, DTS requires students to engage in a determinative process. We ask all applicants to complete a formal request for services through our accessibility software (AIM) and submit supporting documentation for your qualifying condition. Once we have the necessary documentation, one of our DTS staff members will meet with you to discuss your eligibility for accommodations. Documentation of qualifying condition(s) may be prepared by a medical, mental health, or educational professional. Acceptable forms of documentation include psychoeducation reports, healthcare records, Section 504 Plans and IEPs, or an official letter on letterhead from your provider. Documentation should be current and up to date (How current the documentation needs to be will depend upon the individual and the diagnosis). Furthermore, once you have submitted your documentation, DTS may request additional information if needed before continuing to the next steps.

Your supporting document(s) should include the following: 

1. Letterhead, date, and signature from a qualified professional or provider who is not related to the student. 
2. A statement identifying your disability or disabilities, including specific diagnoses and/or impacts. 
3. A description of symptoms experienced, prognosis/progression, and severity of diagnoses. 
4. A description of how your disability is likely to impact your functioning in the academic and/or physical environment at Oregon Tech. 
5. Current and/or past accommodations received at other institutions.

Definition & Purpose 

While Service Animals (SA) and Emotional Support Animals (ESA) both are commonly used by individuals with disabilities, they each possess their own set of policies, rules, and restrictions. Failure to abide could result in violation of Oregon Tech Student Code of Conduct. Emotional Support Animals (ESAs) are not Service Animals and are not evaluated or treated in the same manner. 

This policy is specific to Emotional Support Animals (ESA) which can include a range of animal types and will provide emotional support and/or companionship to an individual with a disability. ESA require an approved housing accommodation through the Disability & Testing Services (DTS) office. DTS staff will determine, on a case-by-case basis, and in accordance with applicable laws and regulations, whether an individual’s request for an ESA is reasonable. In the case that a request for an ESA is approved by DTS, exceptions will be made to the Housing and Residence Life Animal Policy. The accommodation provides an exception to policies that prohibit animals from residing in Oregon Tech on-campus housing. It is provided to students whose ESA is considered a “reasonable accommodation” for an individual with a disability per HUD 24 CFR Part 5 (“Pet Ownership for the Elderly and Persons with Disabilities”), at the determination of the Disability & Testing Services (DTS) office.

Student Responsibility 

The student has full responsibility for the Emotional Support Animal (ESA). Additionally: 

• Student must register with Disability & Testing Services (DTS) and have the ESA accommodation approved by our office. 
• Student must provide the following information about their ESA to DTS prior to their ESA being approved: 
  • Animal’s name and gender 
  • Animal type / breed 
  • Animal’s age and size/weight 
  • Picture of the animal 
  • Vaccination records; if ESA does not require vaccinations (ex. some reptiles), then veterinary records showing animal is in good health 
  • A local contact who is available to care for the ESA in case of an emergency that makes the student unable to care for the ESA (ex. A roommate, peer, friend, other person residing within the Klamath Falls area)
• ESA may not move in until a week after the accommodation has been approved, unless special permission is granted by the Housing & Residence Life (HRL) staff. (Ex. An ESA approved on a Friday would not be able to move into campus housing until the following Friday, unless permission is granted by HRL office for earlier move-in for the ESA). 
• An ESA is approved for the university-housing environment only; specifically, the student’s room. ESAs are not to be taken into other campus buildings or in communal areas within the residence hall/housing. 
• Student holds sole responsibility for cleaning up after the ESA. All ESAs must be potty trained or in a cage/terrarium (as appropriate) where their cleanliness can be maintained promptly. 
• If necessary for the ESA to be out in public areas (to potty, exercise, transportation to/from vet appointment, etc.) they must always be under the student’s control (leash, carrier, cage, etc.). 
• Any expenses resulting from damage to university and/or peer property created by an ESA will be the responsibility of the owner. Consult the HRL office for any details on their policies. 
• Student is responsible for informing DTS and HRL offices of any changes in the ESA’s status

ESA Requirement

An ESA can be a variety of animal or breed, but it must meet these requirements:

• Have a documented, established, therapeutic relationship with the student. (Ex. Student cannot be approved for a future animal that they do not have yet.) 
• ESA must be old enough to be vaccinated at the direction of their veterinarian (if applicable); we require Rabies vaccination for all applicable animals and strongly recommend specific vaccinations for animal health/well-being, though defer to veterinary professional for recommended vaccinations: 
  • Dog = DHPP/DAPP 
  • Cat = FVRCP 
  • Rabbits = RHDV2 
• When vaccinations are not required for your ESA, we will still require documentation from your ESA's veterinarian ensuring that they are in good health. We believe that the ESA's health will have a direct impact on your own health, which is why we require this documentation. 
• ESAs are subject to local vaccination, registration, and licensure requirements, where applicable. (Ex. dogs who permanently reside in Klamath County are required to be registered with the county; if your permanent address is in another county/state, the animal must abide by those requirements.) 
• An ESA must not display any behaviors or noises that are disruptive to others such as barking, whining, growling or other behaviors that could be considered aggressive. Behavioral issues can be grounds for having the ESA removed from university-owned housing.

Request Process

Below is the process if a student, who is not already registered with Disability & Testing Services (DTS), requests to bring their ESA into on-campus housing: 

1. Student applies for DTS accommodation through the Access Information Management (AIM) system to initiate our interactive process for accommodation approval; available to all students via TechWeb (“Accommodations – Student”). 
   1. If the student is only requesting an ESA accommodation, they should use the Housing Accommodation application from the available options 
   2. As part of the application, the student will need to: 
      1. attach/upload documentation supporting the therapeutic need for an ESA, if available  
      2. provide information about the animal including name, type, breed, size, age, image, veterinary records showing vaccination history (if applicable); vaccination records are required prior to an ESA moving into university housing and also to continue living in university housing. 
2. The student will meet with their DTS Advisor who will review their application, documentation, and records. The student will have an opportunity to answer any questions their Advisor might have and also ask any additional questions they may have about the accommodation. 
3. The DTS Advisor will present the information provided by the student and their notes and the DTS office will collaboratively determine if the student’s request is reasonable and approved, or if additional information/documentation is needed. 

If the accommodation is approved, the ESA cannot move into campus housing for one week (7 calendar days), to allow the Housing & Residence Life (HRL) team time to perform any tasks within housing in preparation for the ESA’s arrival. Permission for the student to bring the ESA to campus sooner than one week is at the discretion of the HRL office.

ESA Request Process if Already Registered with DTS 

If student is already registered with DTS with other accommodation, they do not need to engage in the full interactive process above. They should contact their DTS Advisor to make an appointment to discuss the addition of the ESA accommodation. Additional documentation will likely be required, if previous accommodation approval was based on documentation that didn’t address the ESA specifically (ex. prior documentation addressed only academic barriers).

Exclusion of ESA 

An ESA may be excluded from the campus when that animal’s behavior poses a direct threat to the health and safety of others or itself, or if it is out of control of the owner. When an ESA is reported by students, staff, or administration, as committing infractions for exclusion, the infraction will be treated on an individual basis through a collaborative review process of university stakeholders. If the exclusion determination is made, the owner may be directed to remove the ESA from the campus housing, and the animal may return when/if the behavior has been remediated. Determination of exclusion of an ESA, whether permanent or temporary, will be accomplished through a collaborative process including the student, Disability & Testing Services, Housing & Residence Life, Campus Safety (if animal poses a threat to other people), and any other relevant departments/university representatives.

Emergency Situations 

This section pertains to responsibilities of each party in an emergency: 

Student Responsibility 

In the event of an emergency where the student can respond and participate (ex. fire drill, evacuation, etc.), the student is responsible for caring for and keeping possession of the ESA. They should not be left behind in the residence. In the event of an emergency where the student is not responsive or cannot participate (ex. student is hospitalized or otherwise unresponsive), the student is responsible for identifying a person in the Klamath Falls area to care and keep possession of the ESA (ex. Roommate, friend, classmate, family member, etc.). This contact is shared with DTS and HRL staff so the person can be contacted in this type of emergency.

University Responsibility 

In the event of an emergency, the Emergency Response Team (ERT) that responds should be informed and trained to recognize ESAs and to be aware that the animal may become disoriented from the smell of smoke in a fire or laboratory emergency, from sirens or wind noise, or from shaking and moving ground. The owner and/or ESA may be confused from the stressful situation, and the ERT should be aware that the ESA may react in a protective/defensive manner and, in its confusion, is not to be considered harmful. The ERT should make every effort to keep the Assistance Animal with its owner. However, the ERT’s first effort should be toward the owner; this may necessitate leaving the Assistance Animal behind in certain emergency evacuation situations. 

Oregon Tech is not responsible for the emergency response facilitated by outside entities or first responders.

ESA and Student Allergies 

It is common for people to have an allergic reaction to some animals. The consideration for the potential allergic reaction to other students in campus housing should be minimized by having the ESA reside only in the student’s room unless out for a specific purpose (to potty, exercise, etc.). If a student with an approved ESA is assigned a roommate with an allergy to their ESA, the Housing & Residence Life office should be contacted immediately to facilitate a change of roommates. DTS and HRL offices collaborate with housing accommodations (including ESAs) which help prevent conflicting roommate pairings.

Purpose 

While Service Animals (SA) and Emotional Support Animals (ESA) both are commonly used by individuals with disabilities, they each possess their own set of policies, rules, and restrictions. Failure to abide could result in violation of Oregon Tech Student Code of Conduct and result in the removal of the animal from campus. This policy is specific to Service Animals, which are highly trained animals who perform work/tasks for their owner’s disability. ESAs are not Service Animals and are not evaluated or treated in the same manner. Please see the Emotional Support Animal (ESA) Policy for specific information related to ESAs.

Service Animal Definition 

The ADA defines a Service Animal as: 

"[…] a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability."  The rule states that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals.

Types of Service Animals: 

• Guide dog is a carefully trained dog that serves as a travel tool by persons who are blind or have severe visual impairment. 
• Hearing dog is a dog who has been trained to alert a person with significant hearing loss or who is deaf when a sound, e.g., knock on the door, occurs. 
• Service/Assistance dog is a dog that has been trained to assist a person who has a mobility or health impairment. Types of duties the dog may perform include carrying, fetching, opening doors, ringing doorbells, activating elevator buttons, steadying a person while walking, helping a person up after the person falls, etc. 
• Sig dog is a dog trained to assist a person with autism. The dog alerts the owner to distracting repetitive movements common among those with autism, allowing the person to stop the movement (e.g., hand flapping). A person with autism may have problems with sensory input and need the same support services from a dog that a dog might give to a person who is blind or deaf. 
• Seizure response dog is a dog trained to assist a person with a seizure disorder; how the dog serves the person depends on the person’s needs. The dog may stand guard over the person during a seizure, or the dog may go for help. In some cases, these dogs have learned to predict a seizure and warn the person in advance.

Registration of Service Animal 

Students with a Service Animal (SA) are not required to register with Disability & Testing Services (DTS) - unless residing in on-campus housing. However, registration is recommended so that we are aware and can provide support if/when necessary. If the SA will be residing in campus housing, DTS will need to know so that we can communicate with Housing & Residence Life office staff. Please see the section below on the registration process.

Allowed Questions for Student 

In compliance with the law, you may be asked by university employees the following one or two questions when bringing your SA into a space otherwise not permitting animals (ex. campus buildings, classroom, etc.): 

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

If you encounter any other questions or difficulties regarding your SA, please contact our office immediately so that we can assist you. You can email us at: access@oit.edu.

Student Responsibility for Service Animal

The student holds full responsibility for their Service Animal (SA). If a Service Animal must be left under the supervision or control of fellow students, staff, faculty, or otherwise, the owner will need to make the necessary arrangements ahead of time. 

• A SA must not display any behaviors or noises that are disruptive to others such as barking, whining, growling or rubbing against people while waiting in lines. This includes aggressive behaviors. 
• All SAs must be potty trained and remain under the control of the owner. The owner holds the sole responsibility for cleaning up after the SA. 
• The SA must always be on a leash in public spaces; unless a leash interferes with the work or task the dog needs to provide for their owner. If a leash interferes with the task being performed, the SA will need to be under voice control. 
• Any expenses resulting from damage to property created by an SA will be the responsibility of the owner. 
• The SA must not initiate contact with someone without the owner’s direct permission. Furthermore, others should not initiate contact with an SA without permission from the owner. (A vest is helpful to communicate this to other people but is not required.) 
• SAs are subject to local vaccination, registration, and licensure requirements that are set in place for all dogs in the region.

Service Animal Requirements 

• Service Animals must be adult dogs, but there are no breed restrictions under the ADA (Americans with Disabilities Act). In some rare cases, miniature horses have been trained to be service animals, but no other animal types fall under the service animal category. 
• Oregon Tech staff is not permitted to ask an individual to provide proof or documentation pertaining to a Service Animal or ask for demonstration of a trained task pertaining to an individual’s disability. Service Animal vests or other forms of identification are not required. 
• The Service Animal must be as unobtrusive as possible. 
  • A Service Animal must not display any behaviors or noises that are disruptive to others such as barking, whining, growling or rubbing against people while waiting in lines. This includes aggressive behaviors. 
  • The Service Animal must not block an aisle or passageway. The Service Animal must never be more than 12 inches from the owner’s leg or side of the chair.

Registration Process 

Below is the process if wanting to register your SA with the DTS office: 

1. The student submits an application through Access Information Management (AIM) system; available to all students via TechWeb (“Accommodations – Student”). 
2. If the student is only registering their SA, they should select the application specific to “Service Animal Registration” and provide information about the animal including name, type, breed, size, age, image, veterinary records showing vaccination history (if applicable);  
3. The student will not need to meet with their DTS Advisor who will review their application, documentation, and records. The student will have an opportunity to answer any questions their Advisor might have and also ask any additional questions they may have about the accommodation.

Exclusion of Service Animals 

There are instances when it may be considered unsafe for animals in such places as medical facilities, laboratories, mechanical rooms or any other place where the safety of the Service Animal, owner, or other students and staff may be threatened. Additionally, there may be instances in which the Service Animal’s involvement in an environment will compromise the educational activity taking place such as those taking place in sterile areas. The determination of these instances in which a Service Animal may be excluded from certain environments is accomplished through a collaborative process involving faculty, the student/owner, and Disability Services staff. This will be dependent upon the nature of the facility, laboratory, room, and/or activity in question, the nature of the individual’s disability, and the task that the Service Animal is performing for the student. When it is determined unsafe for the Service Animal to be in one of these areas, reasonable accommodation will be provided to assure the student equal access to the activity. The alternative reasonable accommodations will be determined through the same collaborative process. If the Service Animal is able to wear protective equipment in one of these areas, this can often be a solution that will allow them to remain in the environment. In this case, the owner will be responsible for purchasing any and all equipment.

Service Animals and On-Campus Housing 

An exclusion of all policies that prohibit animals from the Oregon Tech campus and within on-campus housing must be provided for dogs who meet the ADA definition of a Service Animal.

Emergency Situations 

In the event of an emergency, the Emergency Response Team (ERT) that responds should be trained to recognize SAs and to be aware that the animal may be trying to communicate the need for help. The SA may become disoriented from the smell of smoke in a fire or laboratory emergency, from sirens or wind noise, or from shaking and moving ground. The owner and/or SA may be confused from the stressful situation. The ERT should be aware that the SA is trying to be protective and, in its confusion, is not to be considered harmful. The ERT should make every effort to keep the SA with its owner. However, the ERT’s first effort should be toward the owner; this may necessitate leaving the SA behind in certain emergency evacuation situations. 

Oregon Tech is not responsible for the emergency response facilitated by outside entities or first responders.

Conflicting Disabilities 

It is common for persons to have a disability that precipitates an allergic reaction to animals. Persons making an asthmatic/allergy/medical complaint are to be directed to make that complaint with the Disability Services Office. Action will be taken to consider the needs of both persons and to resolve the problem as efficiently and expeditiously as possible. This will be done through a collaborative process between the students involved, Disability Services staff, and Housing and Residence Life. In the event this cannot be resolved, the institution will invoke first-person rights. 

First Person Rights

If the person uses a Service Animal and is registered in a course or present in a college area, and another person arrives with serious allergies, you cannot remove the first person to accommodate the second person. (Disability Compliance for High Education [July 1996] Vol. 1, No. 12, p. 4 & 5).

This section outlines the procedure a student should follow if you believe you were denied your rights to an accessible and equitable education through denial of approved accommodations. 

To file a complaint or grievance related to denied access to approved accommodations, you must first have established yourself as a student registered with Disability & Testing Services (DTS), with documentation supporting your qualified disability/condition(s). 

For grievances that are related to discrimination of any type – including disability discrimination – please engage with the Diversity, Inclusion, and Cultural Engagement (DICE) Office. Visit the DICE webpage for information on discrimination claims and contact details. They perform investigations into discrimination claims for the university. If you need guidance on what constitutes discriminatory harassment and the potential consequences of engaging in such behavior, please refer to “Student Conduct Code” as set forth in the current edition of the Oregon Tech Student Handbook. 

While individuals with grievances may, by law, file their complaints at any time with external enforcement agencies, Oregon Tech and the DTS office encourages individuals to utilize the following internal procedure before filing a complaint with another agency.

Internal Complaint Procedure 

We encourage our students to: 

• Attempt an informal resolution by bringing it to the attention of the person who has allegedly denied an approved accommodation, as well as informing your Disability & Testing Services (DTS) Advisor of this situation as soon as possible. 
  • Often, denial of an approved accommodation is an honest mistake (ex. Faculty changed the Canvas exam details and forgot to reapply the Extra Time accommodation, etc.) and can be resolved between the student and instructor. 
• Should the situation fail to reach a resolution, the next step would be to address the concern with the individual’s supervisor, which in the case of faculty, would be the department chair. Your DTS Advisor is available to participate in this process at the student’s request.

If you have any questions on the informal resolution process, contact your DTS advisor (their contact information can be found in your AIM Dashboard) and/or the ADA Compliance Officer (access@oit.edu). The ADA Compliance Officer serves as a resource for potential student grievances, providing resolution, mediation, and investigation functions for claims where accommodation was not provided.

Formal Grievance Procedure 

If the above informal procedure was not used or was not successful in resolving the grievance, a formal complaint must be filed with the ADA Compliance Officer (access@oit.edu). A formal complaint must: 

• Be emailed from the student’s Oregon Tech email address (not a personal email address; ex. Gmail) or hand signed 
• The letter should include: 
  • Student’s name and Oregon Tech ID# 
  • Student's Oregon Tech email address and additional preferred contact information 
  • Description of the alleged denial of approved accommodation and any actions (or attempted actions) to resolve that have been attempted (ex. From the informal process). 

Students are also able to submit their grievance as an audio/video recording, if the recording: 

• Is in an acceptable format (MP4, AVI, WMV, MP3) 
• Is sent from the student’s Oregon Tech email account 
• Includes the above information related to the grievance 

If you need assistance in documenting your complaint, contact the ADA Compliance Officer (access@oit.edu).

Formal Complaint Filing and Resolution 

Complaints alleging denial of approved accommodation are to be filed within fourteen (14) calendar days following the alleged denial of approved accommodation or the date on which the complainant knew or reasonably should have known of said denial. This deadline may be extended with the approval of the ADA Compliance Officer. Following the submission of a complaint, the ADA Compliance Officer shall conduct an appropriate investigation. This grievance procedure is intended to ensure a timely and thorough review, providing all involved parties the opportunity to present relevant evidence. If a potential or actual conflict of interest exists, the ADA Compliance Officer shall remove themselves from the investigation, and a third party shall be designated by the Dean of Students or Vice President of Student Affairs to conduct the investigation.

Investigation Timeline 

In most cases, this process can be done quickly (within a few business days), though the timeline is affected by the response time from the parties involved. Due to the length of academic terms, DTS is committed to expediting the process as quickly as possible. Prompt responses and actions are greatly appreciated. Once a grievance has been received by the ADA Compliance Officer, they will reach out to the student to clarify any questions about the grievance and offer support. Once information has been received and clarified (if necessary), the ADA Compliance Officer will contact the other parties (ex. Instructor) to inform them of the submitted grievance and request any information that they can provide. The information can be gathered through submitted email chains, interactive interview (ex. Phone, video-call, in-person), and will be collected by the ADA Compliance Officer.

Decision and Findings 

Once all pertinent and applicable information regarding the claim has been collected, the ADA Compliance Officer will convene a meeting with other neutral third parties (ex. Dean of Students, representative from DICE) to review and determine if the claim is founded. Through this panel, guidance on resolution will be determined and shared with all involved parties. Appealing the Decision If either party wishes to appeal the decision, they are encouraged to contact and meet with the Vice President of Student Affairs.

Members of the Public 

Members of the public who believe they have been subjected to illegal discrimination based on disability are urged to contact the ADA Compliance Officer (access@oit.edu). Applicants for admission or employment at Oregon Tech, and those attending or wishing to attend events on Oregon Tech property, may be considered members of the public. Complaints alleging other illegal but non-disability related discrimination are referred to appropriate state and federal agencies, primarily the Oregon Bureau of Labor and Industries (BOLI), the U.S. Department of Education, and the U.S. Equal Employment Opportunity Commission.