Dogs/Animals on Campus Property

I. Policy Statement 

1. Animals are permitted on the campus in certain circumstances. This policy lays out the circumstances under which individuals may bring animals to campus and distinguishes between Service Dogs (SD), Emotional Support Animals (ESA), and pets.

2. Only SDs and authorized ESAs are allowed in campus buildings and on campus transportation vehicles (including any campus shuttle, bus, Loop cart, or other fleet vehicle).

3. Pets are allowed on campus open spaces, green spaces, plazas, and pathways if they are kept in compliance with this policy.

II. Definitions

For the purposes of this Policy:

1. Emotional Support Animal (ESA) - a category of animals that may work, provide assistance, or perform physical tasks, for an individual with a disability. ESAs are not trained to perform specific tasks directly related to an individual’s disability; instead, the animal’s owner derives a sense of well-being, safety, calm, or comfort from the animal’s companionship and presence. ESAs may provide necessary emotional support to an individual with a mental or psychiatric disability but are not considered a Service Animal under the Americans with Disabilities Act (ADA). ESAs can also be identified as a companion animal, therapy animal, assistance animal, or support animal. ESAs are allowed on campus as an accommodation for a person with a disability. They must be approved by campus to live in campus housing or enter campus buildings, including work and academic areas. See “Procedures” below for further information about approval authority. 

2. Pet - a domestic animal, sufficiently tamed to live with an individual(s) and kept and cared for as a companion. 

3. Service Dog (SD) - any dog¹ that is individually trained to do work or perform a task for an individual with a disability, including physical, sensory (deaf or blind), psychiatric, intellectual, or other mental disability. The work or tasks performed by the Service Animal must be directly related to the individual’s disability. This does  not include:

1. Animals that solely serve to deter crime; or

2. Emotional Support Animals. 

Service Dogs do not need to be approved by campus authorities.

4. Service Dogs in Training - a dog handled by disabled people or professional trainers may access the same spaces as Service Dogs. They must be leashed and wearing a state issued identification tag²

5. University property - includes all the grounds and buildings of UC Berkeley including UC Berkeley Housing. 

III. Scope of Policy

1. This policy affects all members of the campus community, including administrators, faculty, staff, and students, and all non-affiliates, including but not limited to contractors, tenants, guests, and visitors. 
2. UC property is a public trust per the California Constitution; therefore, private property laws apply. Individuals not affiliated with the university must abide by the Regental Regulations Governing Conduct of Non-Affiliates in the Buildings and on the Grounds of the University of California.  
3. This policy does not apply to police dogs or animals used in research, teaching, and testing.
4. The policy applies to all university property.

IV. Why We Have This Policy

1. To protect public health and safety, UC Berkeley regulates the types of animals allowed on university property. State and local regulations provide the basis for university policies intended to protect the campus community from potential health and safety hazards posed by animals brought to campus. The UC Berkeley campus is intensively developed. At peak times, more than 45,000 people are visiting, working, and studying within its 180-acre central area. Because campus property is used by a multi-purpose community and by a wide variety of people, policy is needed to describe when and how animals may be appropriately integrated in a way that does not disrupt or interfere with the University of California’s mission as an institution of academic learning and research. Also, UC Berkeley numbers thousands of disabled people among students, staff, and faculty. It is imperative that UC Berkeley prevents the interruption, harassment, or harm of Service Dogs or Emotional Support Animals which disabled community members rely on to live, work, and learn on our campus.
2. The purpose of this policy is to maintain campus health, safety, and security standards relative to animals allowed on university property; to outline services for members of the campus community seeking accommodations involving Service Dogs and Emotional Support Animals; and, to identify the distinction between those animals and other animals and pets.

V. Procedures

1. Leashing on campus open spaces, green spaces, plazas, and pathways: 

1. All animals shall be on a leash that does not exceed six feet in length. Owners/guardians of leashed animals may not tether the leash to an object except in special circumstances such as for a mother breast-feeding a child or for a person operating a wheelchair when accompanied by a Service Dog.

2. Any pet, ESA, or SD on campus property must conform to the following requirements prior to being present on campus: 

1. Must have relevant license(s) from local authority of where the animal resides, if required.

2. Must be free from offensive odors and infectious diseases.  

3. Must conduct itself in a manner appropriate to a campus environment (e.g., must be housebroken).  

4. Must not engage in behavior that disrupts or interferes with campus operations (e.g., by excessively barking).  

5. Must not show signs of endangering the health or safety of others (e.g., by biting). 

6. Dogs and cats must be six months or older and should be spayed or neutered. 

7. Must have all current vaccinations recommended for the species by local authorities. 

3. Approval of ESAs 

1. Students, faculty, staff, and residents should contact the appropriate office as directed on DAC’s webpage, “Emotional Support Animal (ESA) approval steps for students, faculty, staff and residents.”

2. ESAs are not recognized by the ADA and therefore are generally not allowed in classrooms or labs. However, if the presence of an ESA will allow a student to participate who otherwise would be unable to participate without the presence of the ESA, the Disabled Students’ Program (DSP) will review the student’s request for the accommodation of an ESA as it would any other request for academic accommodation. 

3. ESA approvals may be withdrawn where the ESA user fails to ensure their ESA conforms to the requirements in Section V.B. of this policy, or the ESA user fails to comply with this policy. 

4. Point of Clarification: Service Dogs do not require campus approval. The Housing Disability Specialist requires certain information, however, to acknowledge and note the dog in housing records, facilitate its integration into housing, and document who is to take possession of the dog if the user is unable to care for it in some circumstances. 

5. Protection of Service Dogs 

1. For disabled people to have equal access to campus, they must be free from interference with, or attacks on, their SDs. It is therefore a violation of this policy: 

1. For any person to harass or obstruct an SD, or to allow their animal to attack or interfere with an SD. 

2. For a person to fraudulently and knowingly represent themselves to be the owner or trainer of any canine qualifying as an SD, or to fraudulently represent an animal as an SD when that animal attacks a person or animal on campus. 

6. Events involving animals

1. Any University program, activity, or event involving animals on university property not covered previously must be reviewed and approved by the Office of Environment, Health and Safety (EH&S) in conjunction with the Campus Fire Marshal prior to bringing the animal(s) on university property. 

2. All animal owners and handlers bringing animals onto campus must comply with this policy.

VI. Responsibilities

1. Individuals may contact DAC at access@berkeley.edu: 

1. with questions regarding those portions of the policy pertaining to Service Dogs and Emotional Support Animals; 

2. to appeal a denial of approval of an ESA, and residents may appeal to the Director of UC Berkeley Housing.

2. Where a person or animal has interfered with or attacked a Service Dog, the dog user may contact UCPD at 510-642-6760 to report the incident. 

3. Campus responsibility:  

1. Provide and facilitate a process to request approval of ESAs, a grievance process where there are alleged violations of ESA or SD user rights under this policy, and a reporting mechanism for alleged violations of this policy or California state law on protection of SDs.  

2. UC Berkeley Housing Accommodations, Disability Management Services (DMS), Disability Access & Compliance (DAC), People and Culture, DSP, Office for the Prevention of Harassment and Discrimination (OPHD), and the UC Police Department (UCPD) shall collaborate as needed to identify and address any threat or disruption to the campus environment related to this policy.  

3. UC Berkeley Housing Accommodations, DMS, DAC, People and Culture, DSP, OPHD, and UCPD collaboration may include contacting SD or ESA users, their suitemates, immediate or adjacent co-workers, supervisors, building managers, and others where appropriate. 

4. Animal owners are responsible for complying with this policy and all applicable laws relating to their animal(s), including: 

1. Controlling animal(s) at all times. 

2. Maintaining health, safety, and appropriate disposal standards of animal waste and hazardous material in the living environment, communal areas, and public spaces.

3. Compensating the damaged party for any damage to campus property caused by the animal.  

4. Refraining from bringing ESAs into campus buildings without following the procedures outlined on DAC’s webpage, “Emotional Support Animal (ESA) approval steps for students, faculty, staff and residents.”. 

5. Where an animal owner has been denied approval of an ESA, or had ESA approval removed, they can file a complaint with OPHD at ask_ophd@berkeley.edu.

VII. Consequences of Violating This Policy

1. Non-affiliates and Affiliates may be disciplined per criminal statutes, such as California Penal Codes, California Health and Safety Codes, or the California Code of Regulations.  

2. Any person who, without legal justification, intentionally interferes with the use of a SD by harassing or obstructing the SD, is in violation of California law, including California Penal Code § 365.6, California PC § 600.2, California Penal Code § 600.5, and California Penal Code § 600.5, may be punishable by fines or imprisonment. They may also be barred from campus property and subject to the consequences outlined in Section VII of this policy.  

3. Any person whose dog attacks or interferes with a Service Dog may be sanctioned and subject to the consequences outlined in Section VII of this policy. Their animal may also be barred from campus property. 

4. Any person found to have fraudulently and knowingly represented themselves, through verbal or written notice, to be the owner or trainer of any canine licensed as a Service Dog is in violation of this policy and of California law and will be reported to the proper authority.

5. Any person who fraudulently represents an animal as a Service Dog, where that animal attacks a person or animal, may be barred sanctioned. The misidentified animal may also be barred from campus. 

6. Any person found to be in violation of this Policy may be disciplined under appropriate policies, including but not limited to the Faculty Code of Conduct, the University of California’s Standards of Ethical Conduct, Personnel Policies for Staff Members, and / or an applicable collective bargaining agreement.

VIII. Related Policies and Procedures

1. UCOP Academic Accommodations guidance document on Service Animals and Emotional Support Animals in the classroom 

¹_{Miniature horses are also allowed as a service animal; however, it is exceedingly rare and requests to bring miniature horses onto campus will be addressed on a case-by-case basis.}

^{2 California Civil Code S 54(c): Identification tag can be "issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Division 14 of Food}

^{and Agricultural Code. In addition, the person shall be liable for any provable damage done to the premises of facilities by their dog.}