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Policy Number: AS.038
Effective Date: 03/11/21
Approval Date: 03/11/21
Purpose
Life University (“Life” or “University”) recognizes the importance of “Service Animals” as defined by the Americans with Disabilities Act(“ADA”) and the broader category of “Emotional Support Animals” (“ESA”) under the Fair Housing Act and that such animals provide physical and/or emotional support to individuals with disabilities. Life is committed to accommodating disabled individuals who require the use of a Service Animal on campus to facilitate their full-participation and equal access to the University’s programs and activities. Life is also committed to accommodating the needs of ESAs when necessary to provide disabled individuals with an equal opportunity to use and enjoy University housing. This Policy explains the specific requirements applicable to an individual’s use of an ESA in University housing. Life reserves the right to amend this Policy as circumstances require. This Policy applies solely to “Emotional Support Animals” which may be necessary in University housing. This Policy does not apply to “service animals” as defined by the ADA.
Although it is the policy of Life University that individuals are generally prohibited from having animals of any type in University housing, Life will consider a request by an individual with a disability for reasonable accommodation from this prohibition to allow an ESA that is necessary because of a disability and reasonable. However, no ESA may be kept in University housing at any time prior to the individual receiving approval as a reasonable accommodation pursuant to this Policy.
Definitions
a). “Emotional Support Animals” are a category of animals that may work, provide assistance or provide necessary emotional support to an individual with a mental or psychiatric disability that alleviates one or more identified symptoms of an individual’s disability, but which are not considered Service Animals under the ADA and Life’s Service Animal Policy. The question in determining if an ESA will be allowed in University housing is whether or not the ESA is reasonably necessary, because of the individual’s disability, in order to ensure that the individual has an equal opportunity to use and enjoy University housing and the ESA’s presence in University housing. However, even if the individual with a disability establishes the necessity for an ESA and it is allowed in University housing, an ESA is not permitted in other areas of the University (e.g. dining facilities, libraries, academic buildings, athletic buildings and facilities, classrooms, labs, individual centers, etc.).
b). Owner. The “Owner” is the individual who has requested the accommodation and has received approval to bring an ESA into University housing.
c). Disability Services Office. Student Success Center Disability Services (“Disability Services”) collaborates with individuals, faculty, and staff to ensure that individuals with disabilities have equal access to all Life programs and activities
Policy Title
Life University Emotional Support Animal Policy
Policy Statement
Life University (“Life” or “University”) recognizes the importance of “Service Animals” as defined by the Americans with Disabilities Act(“ADA”) and the broader category of “Emotional Support Animals” (“ESA”) under the Fair Housing Act that provide physical and/or emotional support to individuals with disabilities. Life is committed to allowing individuals with disabilities the use of a Service Animal on campus to facilitate their full-participation and equal access to the University’s programs and activities. Life is also committed to allowing ESAs when an ESA is necessary to provide individuals with disabilities an equal opportunity to use and enjoy University housing.
Procedure(s)
Procedures For Requesting ESA in University Housing
The procedure for requesting an ESA follows the general procedures set forth in the Reasonable Accommodation Policy for University Housing and the requirements set forth below. However, to the extent the requirements and procedures in this Policy conflict with the Reasonable Accommodation Policy for University Housing, this Policy will control.
Criteria for Determining If Presence of the ESA is Reasonable
University housing is unique in that it requires individuals agree to the mandatory assignment of roommates and that individuals must share a room or suite in certain residence halls. To ensure that the presence of an ESA is not an undue administrative burden or creates a fundamental alteration of University housing, Life reserves the right to assign an individual with an ESA to a single room without a roommate.
When receiving a request for an ESA, Disability Services will consult with Housing and Residence Life in making a determination, on a case-by-case basis, whether the presence of an ESA is reasonable. A request for an ESA may be denied as unreasonable if the presence of the animal: (1) imposes an undue financial and/or administrative burden; (2) fundamentally alters University housing policies; and/or (3) poses a direct threat to the health and safety of others or would cause substantial property damage to the property of others, including University property.
Life may consider the following factors, among others, as evidence in determining whether the presence of the animal is reasonable or in the making of housing assignments for individuals with ESAs:
1.) The size of the animal (e.g., it is too large for available assigned housing space);
2.) The animal’s presence would force another individual from individual housing (e.g.serious allergies);
3.) The animal’s presence otherwise violates individuals’ right to peace and quiet enjoyment;
4.) The animal is not housebroken or is unable to live with others in a reasonable manner;
5.) The animal’s vaccinations and/or health certifications are not up-to-date (which may require that the animal be removed).
6.) The animal poses or has posed in the past a direct threat to the individual or others such as aggressive behavior towards or injuring the individual or others; or
7.) The animal causes or has caused excessive damage to housing beyond reasonable wear and tear.
Life will not limit room assignments for disabled individuals with ESAs to any particular building or buildings because the individual needs an ESA nor will it require an individual needing an ESA as an accommodation to pay a fee or surcharge.
Access to University Facilities By ESAs
An ESA must be contained within the Owner’s privately assigned individual living accommodations (e.g., room, suite, apartment) except to the extent the individual is taking the animal out for natural relief. When an ESA is outside the private individual living accommodations, it must be with the Owner and in an animal carrier or controlled by a leash or harness. ESAs are not allowed in any University facilities other than University residence halls (e.g. dormitories, suites, apartments, etc.) to which the individual is assigned.
Dominion and Control
Notwithstanding the restrictions set forth herein, the ESA must be properly housed and restrained or otherwise under the dominion and control of the Owner at all times. No Owner shall permit the animal to go loose or run at large. If an animal is found running at large, the animal is subject to capture and confinement and immediate removal from University housing.
Owner’s Responsibilities for ESAs
If the University grants an Owner’s request to live with an ESA, the Owner is solely responsible for the custody and care of the ESA and must meet the following requirements:
General Responsibilities
The Owner must abide by current city, county, and state ordinances, laws, and/or regulations pertaining to licensing, vaccination, and other requirements for animals. It is
the Owner’s responsibility to know and understand these ordinances, laws, and regulations. The University has the right to require documentation of compliance with such ordinances, laws, and/or regulations, which may include a vaccination certificate. The University reserves the right to request documentation showing that the animal has been licensed.
1.) The Owner is required to clean up after and properly dispose of the animal’s waste in a safe and sanitary manner and, when provided, must use animal relief areas designated by Life.
2.) The Owner is required to ensure the animal is well cared for at all times. Any evidence of mistreatment or abuse may result in immediate removal of the ESA and/or discipline for the responsible individual.
3.) An individual with a disability may be charged for any damage caused by their ESA beyond reasonable wear and tear to the same extent that it charges other individuals for damages beyond reasonable wear and tear. The Owner’s living accommodations may also be inspected for fleas, ticks or other pests if necessary as part of the University’s standard or routine inspections. If fleas, ticks or other pests are detected through inspection, the residence will be treated using approved fumigation methods by a University-approved pest control service. The Owner will be billed for the expense of any pest treatment above and beyond standard pest management in the residence halls. The University shall have the right to bill the Owner’s account for unmet obligations under this provision.
4.) The Owner must fully cooperate with University personnel with regard to meeting the terms of this Policy and developing procedures for care of the animal (e.g., cleaning the animal, feeding/watering the animal, designating an outdoor relief area, disposing of feces, etc.).
5.) ESAs may not be left overnight in University Housing to be cared for by any individual other than the Owner. If the Owner is to be absent from their residence hall overnight or longer, the animal must accompany the Owner. The Owner is responsible for ensuring that the ESA is contained (in a crate), as appropriate, when the Owner is not present during the day while attending classes or other activities.
6.) The Owner agrees to abide by all equally applicable residential policies that are unrelated to the individual’s disability such as assuring that the animal does not unduly interfere with the routine activities of the residence or cause difficulties for individuals who reside there.
7.) The animal is allowed in University housing only as long as it is necessary because of the Owner’s disability. The Owner must notify the Disability Services Office in writing if the ESA is no longer needed or is no longer in residence. To replace an ESA, the new animal must be necessary because of the Owner’s disability and the Owner must follow the procedures in this Policy and the Reasonable Accommodation Policy for University Housing when requesting a different animal.
8.) Life personnel shall not be required to provide care or food for any ESA including, but not limited to, removing the animal during emergency evacuation for events such as a fire alarm. Emergency personnel will determine whether to remove the animal and may not be held responsible for the care, damage to, or loss of the animal.
9.) The individual must provide written consent for Disability Services to disclose information regarding the request for and presence of the ESA to those individuals who may be impacted by the presence of the animal including, but not limited to, Housing and Residence Life personnel and potential and/or actual roommate(s)/neighbor(s). Such information shall be limited to information related to the animal and shall not include information related to the individual’s disability.
Removal of an ESA
The University may require the individual to remove the animal from University housing if:
1.) the animal poses a direct threat to the health or safety of others or causes substantial property damage to the property of others;
2.) the animal’s presence results in a fundamental alteration of a University program; 3.) the Owner does not comply with the Owner’s Responsibilities set forth above; or 4.) the animal or its presence creates an unmanageable disturbance or interference with
the University community.
The University will base such determinations upon the consideration of the behavior of the particular animal at issue, and not on speculation or fear about the harm or damages an animal may cause. Any removal of the animal will be done in consultation with the Director of Disability Services or their designee and may be appealed to the Grievance Committee following the procedure set forth in the Grievance Process. The Owner will be afforded all rights of due process and appeal as outlined in that process.
Should the ESA be removed from the premises for any reason, the Owner is expected to fulfill their housing obligations for the remainder of the housing contract.
Non-retaliation Provision
Life will not retaliate against any person because that individual has requested or received a reasonable accommodation in University housing, including a request for an ESA.
Other Notes
Revised on 6/18/2020
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