For students, faculty, and staff with disabilities across Michigan, the presence of a Psychiatric Service Dog, or PSD, can be invaluable for navigating daily life, including the demanding environment of a university campus. Unlike emotional support animals, or ESAs, Psychiatric Service Dogs are specifically recognized and protected under federal law, granting them broad access rights across Michigan university grounds and facilities.
Understanding the ADA and PSDs in Michigan
The foundational law governing PSDs is the Americans with Disabilities Act, or ADA. Under the ADA, a service animal is defined as a dog, or in rare cases, a miniature horse, that has been individually trained to do work or perform tasks for the benefit of an individual with a disability, including a psychiatric disability. This “work” or “tasks” must be directly related to the person’s disability. Examples of tasks a PSD might perform include reminding a handler to take medication, interrupting self-harming behaviors, providing deep pressure therapy during an anxiety attack, or guiding a handler to an exit during disorientation. The key here is specific, trained tasks, not just comfort or companionship. Michigan’s laws align with the federal ADA in this definition. This means that a PSD, unlike an ESA, is not merely a companion animal; it is considered a working animal, an extension of the person’s disability mitigation tools.
Full Michigan Campus Access for PSDs
Michigan universities, as public accommodations, are legally obligated under the ADA to allow PSDs to accompany their handlers in all areas where members of the public are generally allowed to go. This includes, but is not limited to, classrooms and lecture halls where PSDs are permitted to be present during academic instruction. Libraries and study areas are also accessible, allowing students to bring their PSDs into quiet study spaces. In dining halls and cafeterias, PSDs are allowed in areas where food is served and consumed by the general public. Administrative and academic offices are also accessible, meaning PSDs can accompany handlers to meetings, advising sessions, and other administrative functions. Student unions and common areas, as public spaces, are accessible to handlers and their PSDs. Within residence halls and campus housing, while ESAs are also allowed in university housing under the Fair Housing Act, PSDs have even broader access rights within a handler’s residential unit and associated common areas. Campus transportation, such as university buses and shuttles, must also permit PSDs.
What Michigan Universities Can (and Cannot) Ask
When a student, faculty member, or staff member brings a PSD to a Michigan university, university personnel may only ask two specific questions if the disability and the service animal’s work are not readily apparent. These questions are: “Is the dog a service animal required because of a disability?” and “What work or task has the dog been trained to perform?” University staff cannot ask about the nature of the person’s disability, require medical documentation, demand special identification cards or training documentation for the dog, or ask the dog to demonstrate its tasks.
Responsibilities of the Michigan PSD Handler
While PSDs have broad access, the handler maintains significant responsibilities. The PSD must be under the control of its handler at all times, typically meaning on a leash, harness, or tether, unless doing so would interfere with the dog’s ability to perform its tasks, in which case the handler must maintain control through voice, signal, or other effective means. The PSD must also be housebroken. The PSD must not be disruptive; excessive barking, uncontrolled behavior, or aggression are grounds for a university to request the removal of the animal. The handler is also responsible for the care and supervision of the PSD, including feeding, waste removal, and veterinary care.
When a PSD Can Be Excluded from a Michigan Campus Area
While full access is the general rule, a Michigan university can ask a handler to remove a PSD under certain limited circumstances. These include if the animal is out of control and the handler does not take effective action to control it, or if the animal is not housebroken. An animal can also be removed if its presence would pose a direct threat to the health or safety of others that cannot be mitigated, which is assessed based on objective facts about the animal’s behavior, not on stereotypes about breed. Furthermore, if the animal’s presence would fundamentally alter the nature of the goods, services, programs, or activities of the university, it may be excluded, though this is a very high bar and rarely applies to a well-behaved PSD. In highly specialized areas like sterile operating rooms or certain research laboratories where the animal’s presence would genuinely compromise a sterile environment or the integrity of research, limited exclusions may apply. However, universities must still consider alternative accommodations.
Psychiatric Service Animals in Training in Michigan
Michigan law, specifically Public Act 75 of 2022, provides specific protections for service animals in training, allowing them similar access to public places, including universities, when accompanied by a trainer or raiser for the purpose of training or socializing the animal. This extends campus access beyond fully trained PSDs for training purposes, provided the animal is under control and housebroken.
Navigating Michigan University Policies
While federal and state laws provide the framework, most Michigan universities will have their own specific policies regarding service animals on campus. Students with PSDs are encouraged to review their university’s disability services or accessibility office policies. While registration is never legally required, engaging with these offices can help facilitate a smooth experience, address any potential issues proactively, and ensure the university is aware of the PSD’s presence for emergency planning or other logistical purposes.
Key Distinctions for Michigan PSDs
It’s vital to remember that a Psychiatric Service Dog in Michigan is distinct from an Emotional Support Animal. A PSD performs specific tasks directly related to a disability, while an ESA provides comfort through its presence alone. This distinction grants PSDs broad access rights under the ADA that ESAs do not possess in public accommodations.
Ensuring Michigan Campus Safety and Compliance
Michigan universities have a responsibility to ensure a safe environment for all students and staff. This includes the appropriate management of service animals. Handlers are expected to ensure their PSDs do not pose a direct threat or cause undue disruption, helping universities maintain compliance with ADA regulations while respecting the rights of individuals with disabilities.
The Role of Michigan’s MDCR
The Michigan Department of Civil Rights (MDCR) serves as a valuable resource for both individuals with disabilities and public accommodations, including universities. They can provide guidance on the interpretation and enforcement of service animal laws in Michigan, helping to resolve misunderstandings and ensure compliance.
For individuals with psychiatric disabilities, a PSD in Michigan can be a lifeline for accessing and fully participating in campus life. Understanding these detailed access rights empowers handlers and ensures Michigan universities uphold their legal obligations under the ADA.
