Green Beret Kicked Off Campus For Having Service Dog

[Joker]

The issue is about a service dog being able to provide for its master, not a school nurse administering medications which I agree must have the documentation in order.

Originally Posted by GrumpyMedic

I can certainly see, respect and agree with your point WCH. On a personal level it outrages me that someone that should have the respect of the masses is treated so poorly, but as you said how was the LEO to know?

To me the greater concern is the idea that the COL (Ret.) is required to present a list of his diagnosis, not a document stating his need of a service animal. At what point does this become a violation of HIPAA? How is it the school's business what the animal is needed for? Why isn't the privacy of the person in need of an animal being protected?

HIPAA rules prohibit the release of the student's health records to the public without express permission (IE:the media), not the school asking the student for medical history, as FERPA does for their academic records.

http://www.hhs.gov/ocr/privacy/hipaa...e/privacyrule/

[Richard]

Originally Posted by Joker

The issue is about a service dog being able to provide for its master, not a school nurse administering medications which I agree must have the documentation in order.

You missed my point - "...requiring special medical attention, treatements, or provisions..." - the issue is about the school having on file and maintained IAW HIPAA guidelines the information as to why one of their students requires such an exception to their normal policies - whether it is medication or any other support requirements - to help provide reasonable support or to reconcile any problems with it.

For example - if the school like this one has to reconcile a scheduling or other issue related to a student such as the retired Colonel with a recognized need for a service dog and another student, staff, or faculty members who may have something like a diagnosed pet allergy or cynophobia.

These matters can be more complicated than one would think, and knowledge helps both those being supported and those doing the supporting.

Richard

IMO, there's more to this story than what has been posted here.

[JJ_BPK]

Originally Posted by Joker

The issue is about a service dog being able to provide for its master, not a school nurse administering medications which I agree must have the documentation in order.

Agreed, Being aware of prescription drugs on campus, be it pubic or private, K-12 or college, can not be described as the same as a service animal.

In the case of drugs, schools need to be aware of what is needed to help the student,, AND there are a million ambulance chasers willing to go court at the drop of a pill..

But what is any institution going to do for a service animal??

Check to see it's petted regularly??
Do a flee inspection??
Make sure the pet isn't fed peanuts??

I see the Col's service animal as a completely different pyridine to students needing medications.

As the Col had registered his service dog with the school and it was an acknowledged service animal, the attitude and actions of the doughnut chaser is not acceptable. The school is also in a fail mode for non-support.

[MtnGoat]

Okie thanks for that post on HIPPA & ADA. I never knew that

Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

For me I understand that people have rights and everything, but today to much can be purchased off the internet and people take advantage of systems so they have the advantage that they shouldn't have. Any can buy a vest off the Internet and throw on their house dog called a service animal and walk into the grocery store, restaurant or any establishment. I think that establishment should be able to ask for a card or some type of documentation that shows that dog is a registered service dog with the, I don't care, health department or whatever agency to show that it is a actual service dog. Yes you can say that's all government control over people everything along that road, but I think a dog is different from a person in a wheelchair. Yes you can say what now you will be to start asking about shots on the dog showing records for that. IMO then rolled into an identification card, when the person gets the card issued for the animal all those veterinarian required shots and checks are already updated. Yes you can say it's like a state inspection sticker it's outdated once you roll out of that garage after checked, yes I know but it's something. Like here in North Carolina the state, through the vets knows that you have an animal and tax you based off of the animal is neutered fixed or not.

I think a business should be able to ask for an ID card showing the animal is a service animal.

Originally Posted by JJ_BPK

Agreed, Being aware of prescription drugs on campus, be it pubic or private, K-12 or college, can not be described as the same as a service animal.

In the case of drugs, schools need to be aware of what is needed to help the student,, AND there are a million ambulance chasers willing to go court at the drop of a pill..

But what is any institution going to do for a service animal??

Check to see it's petted regularly??
Do a flee inspection??
Make sure the pet isn't fed peanuts??

I see the Col's service animal as a completely different pyridine to students needing medications.

As the Col had registered his service dog with the school and it was an acknowledged service animal, the attitude and actions of the doughnut chaser is not acceptable. The school is also in a fail mode for non-support.

Here's a few things that I have heard:


1. Smith a SPC student for 4 years, had not complied with the campus ADA procedures prior to the incident.


2. The only "doughnut chasers" involved in this incident were the City of Clearwater Police who were responding to a call from Col Smith (has he been vetted?).

3. Smith left before the police officers arrived at the campus.

4. SPC has says that as far as they are concerned the matter has been settled. The can't comment further because of student privacy laws (FERPA).

It appears that Smith brought this on himself.

Some/much of what was written in the articles linked here appears to be incorrect.

[Richard]

Originally Posted by Brush Okie

Richard FYI the rules have changed since 2011

Thanks. Those are some major changes. Although I can appreciate what they are attempting to do, I'm not sure I agree with them all, though.

For example, in school related matters, what the rules say may work in a larger school with large classrooms and hundreds of students offering a great number of choices for class scheduling of the same course and opportunites for separation, but what of smaller schools with much smaller 20-30 student-sized classrooms or in required upper level courses with limited course offerings which are held with <15 students and a professor seated together at a single table in an even smaller room. I've experienced both environments in both public and private schools, colleges, and universities.

Who is accomodated? Or is that where the "...if possible..." wording in the ADA regulations comes into play.

I agree with WCH and it will be interesting to see how this all shakes out in the final wash.

Not having to deal with these sorts of issues any longer is a perk to being retired and getting to spend time walking the fields with my two dogs as they look for pheasant, quail, rabbits, ducks, geese, an occasional King or Gopher Snake and anything else they can manage to scare up out there and I only have to concern myself with them scaring up a skunk or coyote.

Richard

The more I read and hear about this case, the more I believe that Bill Smith is in this for a paycheck from the taxpayers.

Has it been verified that he is in fact SF qualified?

[MR2]

Disabled Pasco woman sues nudist community over service dog

[Lan]

Originally Posted by WCH

How would campus a security guard/police officer(?) know that Smith was a Vet, or what his service record was when he approached him at that table?

The only thing that matters in this case is the ADA, not his military service, or his age (senior citizen).

The hat Col. Smith had on his table, facing the cop, has something on the front and back; could it be a Special Forces Crest with Special Forces on the back? Col. Smith is wearing what looks like a GBF hat, and a Special Forces Crest on his shirt in the picture from the article, so based on the evidence presented, I think it's reasonable to believe Col. Smith was wearing something that indicated his service during the encounter with the cop.

The cops weight and flattop haircut lead me to believe Col. Smith was singled out because Col. Smith is in pretty good shape, comparatively. Billy badass had an opportunity to show a real badass who's boss, so that's my take.

Update from Google: Colonel Smith Air Force Colonel?? Is this the same guy?

[Lan]

Originally Posted by echoes

Yes. It Is.

Holly

I'm very sorry. I meant to say that I cannot do it because I have very little knowledge about spotting a fake. I have learned a lot from the Hall of Shame forum so I'll get more involved when I have the ammo I need to make those assertions in a public setting. I've only once run across a person wearing a Special Forces hat, and I wasn't about to probe in his gun store. I think I may have just popped my cherry! (see previous post)

Originally Posted by Lan

The hat Col. Smith had on his table, facing the cop, has something on the front and back; could it be a Special Forces Crest with Special Forces on the back? Col. Smith is wearing what looks like a GBF hat, and a Special Forces Crest on his shirt in the picture from the article, so based on the evidence presented, I think it's reasonable to believe Col. Smith was wearing something that indicated his service during the encounter with the cop.

The cops weight and flattop haircut lead me to believe Col. Smith was singled out because Col. Smith is in pretty good shape, comparatively. Billy badass had an opportunity to show a real badass who's boss, so that's my take.

Update from Google: Colonel Smith Air Force Colonel?? Is this the same guy?

1. The picture in the article was NOT taken at the time of the incident.

2. A do you really believe that most people know what SF insignia are?
I don't. Besides, such items are readily available to anyone who has the money to buy them.

3. Col Smith was confronted by Campus Security not police officers. One was a woman.

4. Smith called the city PD, but didn't bother to stay till they arrived a few minutes later.

My response to your statements in red.... You gotta be shitting me!

BTW, I live near SPC, which has a number of campuses. I use their library, and know people that are employed there. From what I have heard, Col Smith has been a trouble maker since he has been on campus. IMO, he set this up so he can get a paycheck at the expense of the taxpayers.

[Requiem]

Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

MtnGoat said: I think a business should be able to ask for an ID card showing the animal is a service animal.

Agree. Service animals should be required to have a handicap license tag on their collar that anyone can ask to see.

If it takes a special tag to park a vehicle in a parking lot, how much more important is it that animals in public places also have a tag?

S.

[The Reaper]

Originally Posted by Requiem

Agree. Service animals should be required to have a handicap license tag on their collar that anyone can ask to see.

If it takes a special tag to park a vehicle in a parking lot, how much more important is it that animals in public places also have a tag?

S.

I agree.

There is a lot of abuse with people bringing their non-service trained pets with them and using the ADA as cover.

A certificate of training should be issued and ID carried when the animal is present.

TR