[nagdu] Guide Dogs at School

Fri Dec 9 18:09:11 UTC 2011

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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