[nagdu] Guide Dogs at School

Janice Toothman janice.toothman at verizon.net
Fri Dec 9 18:36:06 UTC 2011


what government office is DBTAC?
Janice and Destiny

On 12/9/2011 1:09 PM, Marion Gwizdala wrote:
> Steve,
>    Unfortunately, some of the information that many post secondary 
> schools are using to base their service animal policies is based upon 
> incorrect information disseminated by a DBTAC The attorney that once 
> assisted NAGDU with another issue involving a plasma donation site is 
> now working in the Education Division of the department of Justice. 
> She is very interested in resolving some of these issues for us.
>
> Fraternally yours,
> Marion
>
>
> ----- Original Message ----- From: "Steven Johnson" 
> <blinddog3 at charter.net>
> To: "'NAGDU Mailing List, the National Association of Guide Dog 
> Users'" <nagdu at nfbnet.org>
> Sent: Thursday, December 08, 2011 8:52 PM
> Subject: Re: [nagdu] Guide Dogs at School
>
>
>> Cindy,
>>
>> You are right as college dormitories are not necessarily covered 
>> under the
>> Fair Housing Act, but rather ADA Title III or II depending on certain
>> factors.  For instance, a college that receives Federal dollars i.e. 
>> Federal
>> Student Financial Aid, then ADA Title II/Section 504 of the Rehab 
>> would kick
>> in.  I am not an expert believe me although I have had lots of ADA and
>> related Civil rights training.  For clarification, I would go 
>> directly to
>> the experts and in this case, either HUD Fair Housing First, or the ADA
>> Help-Line which I tend to use the DBTAC which has now changed it's name.
>>
>>
>> HTH,
>>
>> Steve
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Cindy Ray
>> Sent: Thursday, December 08, 2011 7:31 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Guide Dogs at School
>>
>> Yeah, but at the end of that last message indications were that ADA 
>> covers
>> some shelters and educational housing, didn't it?
>>
>> Cindy
>>
>> On Dec 8, 2011, at 7:15 AM, Steven Johnson wrote:
>>
>>> Hi Mark,
>>> I am not 100% certain here, but in my past ADA and other civil rights
>>> trainings, somewhere in the back of my mind I recall that resident 
>>> housing
>>> is considered transient lodging and therefore not covered under the 
>>> Fair
>>> Housing Amendments Act.  I would consult with your DBTAC to verify 
>>> this;
>>> 1-800-949-4232.  The best to you,
>>>
>>> Steve
>>>
>>>
>>> -----Original Message-----
>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>>> Behalf
>>> Of Mark J. Cadigan
>>> Sent: Wednesday, December 07, 2011 12:21 PM
>>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>>> Subject: Re: [nagdu] Guide Dogs at School
>>>
>>> We all collectively know it is BS, and proceed anyway, that is in my
>> opinion
>>>
>>> the definition of insanity, however it will keep me from getting 
>>> harassed
>> by
>>>
>>> the SUPD. The school's legal department says it is legal, so that is 
>>> what
>>> the police department goes with. If you can get me some documentation
>>> demonstrating what we all know that it is a violation, I can see it 
>>> gets
>> to
>>> people with the power to change this rule, but until then, it's 
>>> something
>> we
>>>
>>> just have to deal with.
>>>
>>>
>>>
>>> Sometimes, you got to do what makes your life easier, and let 
>>> someone else
>>
>>> fight the battles. Someone with the time and qualifications to do it
>>> properly.
>>>
>>>
>>>
>>> ----- Original Message ----- From: "Marion Gwizdala" 
>>> <blind411 at verizon.net>
>>> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>>> <nagdu at nfbnet.org>
>>> Sent: Wednesday, December 07, 2011 8:26 AM
>>> Subject: Re: [nagdu] Guide Dogs at School
>>>
>>>
>>>> Mark,
>>>>   Sometime doing something in the interest of harmony creates bigger
>>>> issues in the long run. For instance, If we present documentation to a
>>>> restaurant manager who requests it from us, what would happen if 
>>>> someone
>>>> else, either not possessing the documentation or unwilling to 
>>>> compromise
>>>> their civil rights, refuses to do so? The end result would be
>>>> discrimination, so harmony has not been created. I believe the best
>> option
>>>
>>>> is to educate them on the law, not placate their violation of our 
>>>> civil
>>>> rights. JMHO!
>>>>
>>>> Fraternally yours,
>>>> Marion
>>>>
>>>>
>>>>
>>>> ----- Original Message ----- From: "Mark J. Cadigan" 
>>>> <kramc11 at gmail.com>
>>>> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>>>> <nagdu at nfbnet.org>
>>>> Sent: Wednesday, December 07, 2011 7:57 AM
>>>> Subject: Re: [nagdu] Guide Dogs at School
>>>>
>>>>
>>>>> So far, I am not having any problems.
>>>>>
>>>>>
>>>>>
>>>>> I provided them with the documentation requested in the interest of
>>>>> harmony and good working relations. Even though we all know, 
>>>>> including
>>>>> the office, that it is not worth the paper it is printed on.
>>>>>
>>>>>
>>>>>
>>>>> ----- Original Message ----- From: "Marion Gwizdala" 
>>>>> <blind411 at verizon.net>
>>>>> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>>>>> <nagdu at nfbnet.org>
>>>>> Sent: Tuesday, December 06, 2011 9:59 PM
>>>>> Subject: Re: [nagdu] Guide Dogs at School
>>>>>
>>>>>
>>>>>> Mark,
>>>>>>   There are parts of this policy that seem to be noncompliant 
>>>>>> with the
>>>>>> ADA, such as the requirement to present documentation and notify the
>>>>>> police department. We are working with a DOJ attorney in the 
>>>>>> Office of
>>>>>> Civil Rights Education Sector to get better guidance on this 
>>>>>> issue. It
>>>>>> seems as if there has been some misinformation disseminated to some
>>>>>> educational institutions that is causing some challenges here.
>>>>>>   As for housing, the Fair Housing Act is the law in effect for 
>>>>>> campus
>>>>>> housing. If you have any challenges, please feel free to get in 
>>>>>> touch
>>>>>> with me.
>>>>>>
>>>>>> Fraternally yours,
>>>>>> Marion Gwizdala
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> ----- Original Message ----- From: "Mark J. Cadigan" 
>>>>>> <kramc11 at gmail.com>
>>>>>> To: "NAGDU Mailing List, the National Association of Guide Dog 
>>>>>> Users"
>>>>>> <nagdu at nfbnet.org>
>>>>>> Sent: Tuesday, December 06, 2011 8:36 PM
>>>>>> Subject: [nagdu] Guide Dogs at School
>>>>>>
>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Due to the recent discussion about reasonable accommodations I 
>>>>>>> thought
>>
>>>>>>> I would ask the list's thoughts on a recent discussion I have 
>>>>>>> just had
>>
>>>>>>> with my schools ODS office.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Although I haven't posted on this list in a long time, as many 
>>>>>>> of you
>>>>>>> may know, I was considering getting a guyed dog. Well, I have 
>>>>>>> finely
>>>>>>> been accepted, and I will be receiving a dog from Fidelco on 
>>>>>>> January
>> 3.
>>>
>>>>>>> Because I live in the dorms on campus, I informed the Suffolk ODS
>>>>>>> office about my getting a guide dog. And, hear is a few excerpts 
>>>>>>> from
>>>>>>> there service dog policy. For the entire policy you can visit
>>>>>>> http://www.suffolk.edu/studenthandbooks/47571.html.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Requirements of Service Animals and Their Partners
>>>>>>>
>>>>>>> Training: To be present on campus, a service animal must be
>>>>>>> specifically trained to do work or perform tasks for the benefit 
>>>>>>> of an
>>
>>>>>>> individual with a disability.(no problem so far) Evidence of
>> successful
>>>
>>>>>>> completion of a recognized licensing or certification program for
>>>>>>> service animals, or a letter documenting the training, is required.
>>>>>>> (What does that mean?) A copy of the proof of certification 
>>>>>>> should be
>>>>>>> filed with the Disability Services Office (for CAS and SBS 
>>>>>>> students),
>>>>>>> the Dean of Students Office (for Law Students) or Human Resources
>>>>>>> Office (for faculty/staff/administrators). Visitors or guests 
>>>>>>> may be
>>>>>>> required to provide documentation to the Suffolk University Police
>>>>>>> Department.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> I am not a lawyer, but does that line up with the ADA?
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Note - Suffolk University will consider, on a case-by-case basis,
>>>>>>> requests by students who reside in residence halls for a service
>>>>>>> animal, including a dog or other animal, to reside in the residence
>>>>>>> hall. Please direct such requests to the Office of Disability 
>>>>>>> Services
>>
>>>>>>> at least 30 days prior to the date the animal is expected to be in
>>>>>>> residence.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> This sounds like they want the authority to refuse acksess to some
>>>>>>> service animals that don't meet with the ODS stamp of approval.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> On a different note, is on campus housing at a college covered 
>>>>>>> under
>>>>>>> the ADA, or the fare housing acksess act, or some other law I don't
>>>>>>> know about?
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Mark J. Cadigan
>>>>>>> Electrical Engineering Department
>>>>>>> Suffolk University
>>>>>>> kramc11 at gmail.com
>>>>>>>
>>>>>>>
>>>>>>>
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>>>>>>
>>>>>>
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>>>>>
>>>>>
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>>>>
>>>>
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>>
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