A Handler/Owner who violates this policy may be subject to charges under the "Student Code of Conduct" or the "Visitor Code of Conduct." Any person may contact the NMSU Police Department to report an abused, neglected, vicious, or dangerous animal.

PART 5: RULE STATEMENTS

Previously authorized animals may be permitted on University Premises should their purpose be to aid education, research, and public service missions. There is an application and eligibility process to determine if an Emotional Support Animal (ESA) may be permitted to reside in University Housing for therapeutic purposes based on a documented disability. Only Service Animals are permitted in the classrooms, labs, or other buildings on campus.

A.  General Rules

     1. Owner/Handler Responsibilities: The Owner/Handler or other person in custody of a companion
         or other assistive animal on University Premises shall:
         a. Comply with this Rule and all applicable federal, state, and local laws and regulations pertaining to
             animal control, including current vaccination and licensure;
         b. Ensure that ESAs, to the extent possible, always wear a legible identification tag provided by 
             NMSU and a current rabies tag;
         c. Have the animal on a leash; Exception: Service Animals are not required to be leashed as long
            as they are under the complete control of the Handler/Owner, especially when a leash would
            interfere with the animal performing a task on behalf of their Handler/Owner;
         d. Keep the animal clean. Daily grooming and/or occasional baths may be necessary to minimize
             animal odor. Adequate flea prevention and control are also required;
         e. Provide complete care for the animal while in their possession and arrange for someone else to
             care for the animal while the Handler/Owner is away for longer amounts of time that extend
             beyond the typical time away to attend classes or school activities. Students who cannot care for
             their ESA animals overnight must secure an alternate caregiver who can care for the animal
             somewhere other than university housing for the entire time the student will not have the animal
             in their personal possession;
          f. Pay for, and otherwise hold the university harmless from damage caused by the animal;
         g. Comply with the animal welfare law as set forth in New Mexico statutes Annotated: 
              https://aldf.org/wp-content/uploads/2019/01/Animal-Protection-Laws-of-New-Mexico-2018.pdf

    2. Exclusion from University Property: Notwithstanding a Service Animal's right to public access,
        there may be certain circumstances requiring the excluson of animals, including the examples listed
        below.  If the Handler/Owner will not cooperate with a request for immediate removal of the animal,
        the NMSU Police Department or other appropriate law enforcement agency may be called for
        assistance.  The animal may be subject to impound and the Handler/Owner will be subject to the
        laws imposed by the State of New Mexico.  While every case is subject to an independent
        investigation prior to any action being taken, examples of previously permitted animal removal
        include, but are not limited to the following:
        a. The animal continuously or repeatedly urinates or defecates inside a university;
        b. The animal causes significant property damage or injury to person(s) or other Service Animals or
            Emotional Support Animals;
        c. The animal poses a direct threat to the health or safety of itself or others;
        d. The animal’s presence fundamentally alters the nature of a program or activity; This will be
           determined on a case-by-case basis;
        e. The Handler or Owner is unable to adequately manage the safety risk created by the presence of
            the animal;
        f. The animal is unsupervised or otherwise not under the control of the Handler/Owner.

B.  Service Animals; Service Animals in Training

1. Public Access: A person with a disability who uses a service animal shall be admitted to any university facility open to the public, including buildings and common carriers, subject to rare exception based on direct threat of significant harm to the health or safety of others. Service Animals shall be at all times under the control of the Owner, Handler or trainer of the service animal. Questions or concerns relating to public access by a service animal, and requests for reasonable accommodation in the workplace or academic setting not involving a service animal should be referred to either the Office of Institutional Equity (employees and visitors) (575-646-3635 or equity@nmsu.edu), or the Office of Student Accessibility Services, 575-646-6840 or sas@nmsu.edu.
   1. The law does not require Service Animals to wear a vest; however, NMSU encourages the use of a vest or other service animal identification provided by NMSU.
   2. Students with disabilities who desire to use a service animal on campus, including in classrooms, are encouraged, but not required to contact Disability Access Services, 575- 646-6840 or das@nmsu.edu.
   3. Employees with disabilities who desire to use a service animal in offices or areas of campus not open to the general public are required to adhere to NMSU ARP 3.40 Process for Disability Accommodation.  Employee requests for reasonable accommodations, including requests to have a service animal at work are facilitated by the Office of Human Resources.
   4. Service animals accompanying visitors with disabilities are welcome in all areas of campus that are open to the public. Specific questions related to the use of service animals on the NMSU campus should be directed to Disability Access Services, 575- 646-6840 or     das@nmsu.edu.
   5. Persons with disabilities who use a Service Animal on University Property shall not be required to pay a fee that others (without animals) are not required to pay (e.g., pet deposits);
   6. In an emergency requiring transportation or relocation of an Owner, Handler, trainer of a Service Animal or Service Animal in Training, to the extent possible, accommodations shall be made for the Service Animal or Service Animal in Training to remain with or be reunited with the Owner/Handler, or trainer. When arrangements cannot be made that would allow the Service Animal, or Service Animal in Training to remain with the Owner, Handler, or trainer, the Service Animal or Service Animal in Training shall be placed pursuant to the instructions provided by the Owner, Handler, or trainer;
   7. Misrepresentation of an animal as an authorized Service Animal or Service Animal in Training will be addressed by NMSU and may be subject to legal implications and consequences. New Mexico’s Service Animal Act, 28-11-1.1 et seq., NMSA 1978, which took effect on June 14, 2013, also prohibits a person from misrepresenting a dog as a Service Animal and provides penalties for violations, including a $1,000 fine and/or jail time. Additionally, in New Mexico, Service Animals in Training are allowed the same public access as a fully trained Service Animal.
   8. Inquiries by University Representatives: When it is readily apparent that an animal is trained to do work or perform tasks for a person with a disability (e.g., a dog is observed guiding a person with a visual disability), university representatives should not inquire about the Service Animal, unless there is a separate concern about disruption or other issues. It is recommended that faculty, staff, and/or students consult with the Office of Disability Access Services or the Office of Human Resources about any perceived issues.

                *  If it is not readily apparent that an animal is a Service Animal, university representatives
                    shall not ask about the nature or extent of the person’s disability, but may ask the following
                    two questions under the Americans with Disabilities Act:
                    - Is the animal a service animal required because of a disability?
                    - What work or task has the animal been trained to perform?     
                *  University representatives shall not request documentation, such as proof that the animal
                    has been certified, trained, or licensed as a Service Animal; nor shall they ask the Handler/
                    Owner to have the animal demonstrate the tasks.

             i. Control, Care and Maintenance: Subject to limited exceptions required due to a Handler’s/
               Owner’s particular disability, Owners, Handlers and trainers of Service Animals and Service
               Animals in Training shall comply with the requirements relating to animal control, care, and
               maintenance.
            j. Service Animals in Training: Based on New Mexico law, Service Animals in Training shall be 
                  admitted to facilities open to the public on the same basis as a Service Animal.
     2. Denial of Public Access: Any decision to exclude a Service Animal from a particular area of the
         university shall be made on a case-by-case basis, in coordination with the person with the disability
         and, if possible, in coordination with either the Office of Disability Access Services (for students) or
         the Office of Human Resources (for employees and visitors). 
         a. ADA Complaint Resolution: Persons with disabilities who believe their rights under the ADA are
            not being honored may file either an internal complaint of disability discrimination with the Office
            of Institutional Equity (575-646-3635 or equity@nmsu.edu), or may file an external complaint
            with appropriate state and/or federal agencies. Internal complaints received will be promptly
            investigated and resolved. Appropriate corrective action will be taken for violations of this Rule, in
            correlation with the severity of the offense.

C.  Emotional Support Animals Permitted in Restricted Areas

Federal law recognizes that under certain circumstances, a request for the presence of a defined Emotional Support Animal (ESA) may be granted by the appropriate university office (the Office of Disability Access Services, for students, and the Office of Human Resources, for employees) as a reasonable accommodation for a person with a disability. Each request will be evaluated on a case-by-case basis. All approved requests will result in an Accommodation Agreement that addresses animal access issues and the individual’s need for accommodation.

       1. A request for an Emotional Support Animal must be based upon medical documentation indicating
           that the animal’s presence alleviates psychological symptoms or effects associated with the
           disability of its Handler/Owner.
       2. While the law requires a nexus between the person’s disability and the comfort provided by an
           Emotional Support Animal, it does not require the animal to be trained to perform specific task(s)
           directly for their Handler/Owner. Emotional Support Animals may be permitted access only to the
           areas specifically identified in an Accommodation Agreement authorized by the appropriate
           university office or other entity.
       3. Persons with disabilities authorized to utilize an Emotional Support Animal, by either the Office of
           Disability Access Services or by the Office of Human Resources, shall always carry a copy of the
           Accommodation Agreement with them. The use of a vest or other identification as an ESA is
           encouraged. An animal identification tag provided by the University is required. Animal
           identification tags must be renewed every year.
       4. If it is not clear that an animal should be allowed access to a particular university venue, university
           representatives shall ask for or seek disability-related information.  If the animal is identified as an
           Emotional Support Animal, personnel may ask to see a copy of the Accommodation Agreement
           authorizing access, or the name of the university official or other entity granting similar approval.
       5. Misrepresentation of an animal as an authorized Emotional Support Animal will be addressed and
           sanctioned based on university procedural guidelines.
       6. Control, Care and Maintenance: Handlers/Owners of Emotional Support Animals are subject to
           the requirements relating to animal control, care, and maintenance as defined in departmental
           guidelines.
       7. ADA Complaint Resolution: Handlers/Owners with disabilities who believe their rights under the
           ADA are not being honored may file either an internal complaint of disability discrimination with the
           Office of Institutional Equity (575-646-3635 or equity@nmsu.edu), an external complaint with
           appropriate state and/or federal agencies. Internal complaints will be promptly investigated and
           resolved. Appropriate corrective action will be taken for violations of this Rule, in correlation with
           the severity of the offense.

 

D.  Dispute/Complaint Resolution

Any person may bring an issue regarding a Rule violation or other problem with an animal on campus to the attention of any of the individual Rule administrators, and/ or directly to the Office of NMSU Disability Access Services or NMSU Office of Institutional Equity.

      1. Elements of Complaint or Other Concern: To the extent possible, complaints and other letters of
          concern shall provide date, time, and location of any alleged violation or incident; the party or
          parties charged, if applicable; any witnesses and any other relevant facts or inquiries made by
          authorities; as well as the relief sought by the complainant in writing to NMSU Disability Access
          Services at das@nmsu.edu or Office of Institutional Equity at equity@nmsu.edu.
      2. Complaint Prioritization: Complaints and other letters of concern will be processed in the order
          they are received, unless there is a health or safety risk involved, in which case, it will be
          expedited.

 E.  Education of University Community

The Office of Human Resources and/or the NMSU Office of Disability Access Services will ensure that appropriate training is provided to faculty, staff, and students regarding the legal requirements for non-discriminatory equal access to increase understanding and to reduce confusion about where distinct categories of animals are permitted on campus.

F.  Conflicts Involving Assistive and Companion Animals

PART 6: RELATED PROCEDURES AND FORMS

Consistent with NMSU policies, rules, and regulations, in consultation with the Companion and Assistive Animals Committee, and approval from their respective vice president or equivalent administrator, the Office of Disability Access Services (DAS), the  Office of Human Resources (HRS), the Office of Housing and Residential Life, and the University Police Department may issue supplemental procedural guidelines and/or forms to apply and enforce the ARP 3.45 Policy related to Service Animals and Emotional Support Animals (ESAs) on campus. These supplemental procedural guidelines are intended to facilitate the implementation, application, and enforcement within each separate department as they fit under the general rules and governance of the ARP 3.45 Policy. Such procedures and forms shall be posted on an appropriate NMSU website and linked from this Section.

NOTE:  Copies of this document may be provided in alternate formats.  Disability Access Services requires 10 business days' notice to honor requests for alternate formats.

Related

Cross-Reference:

RPM 1.10 - NMSU System Policies and Procedures
RPM 2.30 - University Boards
ARP 1.10 - Procedures to Revise NMSU Policies and Rules
ARP 11.01 - Research Oversight and Risk Management

Revision History:

04/06/2026 Approved by the President
2017 Recompilation, formerly Rule 3.06
12/13/2013 Policy adopted by Board of Regents