Service and Emotional Support Animals on Campus

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Cottey College has a general no-pets policy for all campus buildings. Pets may be allowed on the campus grounds when leashed and under control. Service animals are generally allowed to accompany their handler in any public building or space where their handler is permitted. Emotional Support Animals may be allowed in specific areas of the campus with prior approval. The following policies regarding Service Animals and Emotional Support Animals are intended to ensure equal and equitable access for persons with disabilities while also ensuring the health and well-being of all members of the campus community.

This policy and the following requirements are designed to facilitate a process for assuring equal access while addressing health and safety concerns, particularly in the residence halls. This policy supports Cottey College’s commitment to comply with state and federal laws, rules, and regulations pertaining to the Americans with Disabilities Act of 1990, as amended and related laws, rules, and regulations, including without limitation Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794) and comply with the Fair Housing Act as it applies to college residential settings. Adherence to these policies and requirements is essential to support a foundation of understanding, comfort, and security that makes Cottey College a welcoming and accessible place for all.

Definitions

A person with a disability: An individual who has a physical or mental condition that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment. (Source: http://www.ada.gov/cguide.htm, as accessed 7/9/2018.)
Handler/owner: A person with a disability that a Service Animal assists or a personal care attendant who handles the animal for a person with a disability
Service Animal: Any dog* individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability, and meets the definition of “service animal” under the Americans with Disabilities Act (“ADA”) regulations at 28 CFR 35.104. The work or tasks performed must be directly related to the individual’s disability.(*Note: Under particular circumstances set forth in the ADA regulations at 28 CFR 35.136(i), a miniature horse may qualify as a service animal.)
Emotional Support Animal (ESA): An ESA is an animal that provides passive support that partially alleviates the symptoms or impact of a disability. ESAs do not have the same rights of access as Service Animals but may be deemed to be an appropriate accommodation in some instances.

Students who wish to bring a Service Animal to Cottey College are protected by Title II of the ADA and thus may bring their service animals to campus. To ensure the College is able to meet the needs of all students, the College requests that individuals who will be using Service Animals on campus notify the director of student accessibility (students) or the ADA coordinator (faculty, staff, and guests) before arriving on campus with their Service Animal. Service Animals are permitted in all public areas of campus, except in rare instances where there exists a health or safety hazard. In some instances, the College will provide alternate accommodations as needed to ensure access. Missouri State laws also support access to public places for service animals and their handlers. The policies below apply to students as well as visitors, guests, and temporary residents.

Service Animal Tasks

In order to meet the federal definition of a Service Animal, the work or tasks performed by the animal must be specifically trained and directly related to the individual’s disability. The crime-deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition (ADA, March 15, 2011).

Identification

If a Service Animal’s role is not obvious, staff may ask the two questions below to determine if a dog is a Service Animal:

Is the dog a service animal required because of a disability?
What work or task(s) has the dog been trained to perform on your behalf?

The director of student accessibility and academic success or the ADA coordinator may, in some limited circumstances, ask follow-up questions to clarify an animal’s trained task(s). Otherwise, staff may not ask about the individual’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.

Control Requirements

All animals must be housebroken and be under their handler’s control (in proximity to the handler and responsive to commands, in harness, leashed, or in a carrier). An animal’s behavior is considered the handler’s behavior; the animal will be held to the same basic standard of conduct as its handlers. If they are disruptive to college business or community behavioral expectations for educational, medical, and residential environments, handlers may be asked to correct the animal’s behavior or remove it from the environment.

Care of Animals

Handlers are expected to:

Attend to the well-being and cleanliness of their animal
Control animals at all times, avoiding disruption to others, or they may be removed
Be responsible for the removal of animal waste and maintaining clean conditions
Have a plan in place for animal care in the event of an emergency
Arrange an alternative shelter if the animal has to be removed from campus due to disruptive or unsafe behavior, environmental conditions, or if the handler becomes unable to care for the service animal
Comply with all state and local licensing requirements

Animals in College Housing

Service Animals, as defined by the Americans with Disabilities Act, as amended, are allowed in College residence life. To ensure that the College is best able to meet the needs of all residents, we do request that students notify College staff (the director of student accessibility and academic success or the director of campus and residence life) of their intent to have a Service Animal reside in campus residence life before arrival on campus.

Under the Fair Housing Act, a person with a disability may request to keep an Emotional Support Animal (ESA) as an accommodation when there is an established need for the therapeutic nature of the animal that is connected to the individual’s disability. An Emotional Support Animal provides emotional support to persons with disabilities who have a disability-related need for such support. An ESA is not a pet. It is an animal deemed necessary by a qualified healthcare/mental healthcare professional for an individual with a disability to have equal access to and enjoyment of their residence life. Unlike a Service Animal, an Emotional Support Animal is not specifically trained to assist a person with a disability with activities of daily living or required to accompany that person at all times. Emotional Support Animals may be considered in conjunction with access to College residence life, but they are not permitted in other areas of the College (e.g. the Library, academic buildings, classrooms, dining areas, labs, work areas, student centers, etc.). To qualify for such an accommodation, the emotional support animal must be necessary to afford the individual an equal opportunity to use and enjoy a dwelling or to participate in the residential life program. Further, there must be a relationship, or nexus, between the individual’s disability and the assistance that the presence of the emotional support animal provides.

To Request Such an Accommodation

Students requesting to have an Emotional Support Animal (ESA) residing in College residence life must register with the director of student accessibility, provide supporting documentation of a disability, and provide a support document from a qualified healthcare provider that indicates that the animal is a necessary accommodation to ensure equal access and enjoyment of campus residence life.
Students requesting ESAs as residence life accommodations are required to make ESA-related residence life requests in a timely manner. Students should submit a written request to the director of student accessibility outlining the reason for the request and why it is necessary, no later than June 1 for the fall semester or October 1 for the spring semester; otherwise, 30 days in advance during the school year and 30 days prior to room assignments for the following year.
Students must obtain approval for the ESA prior to bringing their ESA to campus.
The director of student accessibility will initially review all requests and determine whether the necessary information or documentation is present. The director will decide, in cooperation with the director of campus and residence life and with other appropriate College staff, whether this is a reasonable accommodation.
Upon approval, the student will be notified and asked to review the College policies for proper care and control of the animal as described in other sections of this policy with the director of student accessibility and academic success or the director of campus and residence life (or other designated residence life staff).
Alternative accommodations may be discussed during this process and offered where appropriate.

Restrictions

Service Animals are not allowed in some very specific instances/locations in which the animal poses a health or safety risk. Handlers will be provided with appropriate alternate accommodations as needed to meet their access needs in the unlikely event this occurs.
Emotional Support Animals must be kept in student rooms; they are not allowed in public areas of the residence halls/house except to enter or exit the building, and they are not allowed in other campus buildings. Emotional Support Animals may be allowed in the student’s assigned suite only with the signed agreement of all suitemates.
Animals that may pose a health risk or danger to others will not be permitted.

Responsibilities for Animals in College Residence Life

The handler/owner is responsible for assuring that the service or emotional support animal does not unduly interfere with the routine activities of the residence or cause difficulties for students who reside there.
The handler/owner is financially responsible for the actions of the animal, including bodily injury or property damage. The handler/owner’s responsibility covers, but is not limited to, the replacement of furniture, carpet, window, wall covering, and/or moving out.
The handler/owner is responsible for any expenses incurred for cleaning above and beyond a standard cleaning or for repairs to College premises that are assessed after the student and animal vacate the residence. The College shall have the right to bill the account of the student handler/owner for unmet obligations.
The handler/owner must notify the director of student accessibility in writing if the Service or Emotional Support Animal is no longer needed or is no longer in residence.
To replace an approved Emotional Support Animal, the owner must notify the director of student accessibility and wait to move the animal into campus residence life until after submitting the animal’s health information and receiving move-in approval. This process may take longer in instances where the handler is replacing an approved ESA with an animal of a different species.
The handler/owner’s residence may be inspected for fleas, ticks, or other pests once a semester as needed. The director of campus and residence life will schedule the inspection. If fleas, ticks, or other pests are detected through inspection, the residence will be treated using approved fumigation methods by a College-approved pest control service. The handler/owner will be billed for the expense of any pest treatment above and beyond standard pest management in the residence halls.
In the event that one or more roommates or suitemates of the handler/owner of a service or emotional support animal find the presence of said animal problematic, the non-approving roommates or suitemates or (far less commonly) the
owner/handler may be reassigned to an alternate suite, as determined on a case-by- case basis by the director of campus and residence life and the director of student accessibility.
Service Animals may travel freely with their owner throughout College residence life (and other areas of the College, except where restrictions apply for health and safety reasons).
Emotional Support Animals must be contained within the privately assigned residential area (student room only, unless permission has been granted to have the animal in the suite's shared areas) at all times, except when transported outside the private residential area in an animal carrier or controlled by leash or harness.
Service and emotional support animals may not be left overnight in College residence life to be cared for by another student. Animals must be taken with the student if they leave campus for more than one day.
Residence life staff have the ability to relocate the handler/owner and service or emotional support animal as necessary according to current contractual agreements.
The handler/owner agrees to continue to abide by all other residential policies.
Reasonable accommodations that may constitute an exception to a policy that otherwise would prohibit having an animal that does not constitute an exception to any other policy.
Any violation of the above rules may result in the immediate removal of the animal from the College, and the violation may be reviewed through the College judicial process. The owner will be afforded all rights of due process and appeal as outlined in that process.
Should the service or emotional support animal be removed from the premises for any reason, the owner is expected to fulfill the residence life obligations for the remainder of the residence life contract, unless a waiver is granted. Alternative accommodations will be discussed with the student as appropriate.
The owner undertakes to comply with animal health and well-being requirements as set forth in this policy.

Guidelines for Maintaining an Animal on Campus

Introduction

The following guidelines apply to all service and emotional support animals and their handlers/owners unless the nature of the documented disability of the handler/owner precludes adherence to these guidelines, or permission for a variance from the guidelines has been granted.

Care and Supervision

Care and supervision of the animal are the responsibility of the individual who benefits from the animal’s use. Handlers/owners are required to always maintain control of the animal. Handlers/owners are also responsible for ensuring the cleanup of the animal’s waste and, when appropriate, must use relief areas designated by the College consistent with the reasonable capacity of the owner. Indoor animal waste, such as cat litter, must be placed in a sturdy, securely tied plastic bag before being disposed of in outside trash dumpsters. Litter boxes should be placed on mats so that waste is not tracked onto carpeted surfaces.

Animal Health and Well-Being

Vaccination - In accordance with local ordinances and regulations, the animal must be immunized against diseases common to that type of animal. Dogs must have a current vaccination against rabies and wear a rabies vaccination tag. Cats should have the normal shots required for a healthy animal. Local licensing requirements are followed, and documentation must be provided upon request.
Health - Animals to be housed in College residence life must have an annual clean bill of health from a licensed veterinarian. Documentation can be a vaccination certificate for the animal or a veterinarian’s statement regarding the animal’s health. The College has the authority to direct that the animal receives veterinary attention.
Licensing - The College reserves the right to request documentation showing that the animal has been licensed.
Behavior - Service animals must be properly trained.

Removal of Service or Emotional Support Animal

The College may exclude/remove approved service or emotional support animal when

The animal poses a direct threat to the health or safety of others;
The owner does not comply with the owner’s responsibilities in College residence life; or
The animal or its presence creates an unmanageable disturbance or interference with the Cottey community.

Damage

Handlers/owners of service and emotional support animals are solely responsible for any damage to persons or College property caused by their animals.

Appeals and Grievances

Any person dissatisfied with a decision concerning a service animal or an emotional support animal may contact the vice president for student life and enrollment at ext. 2126 from any campus phone or in person in the Office of Student Life and Enrollment, or by email at ladams@cottey.edu, or the director of human resources at ext. 2103 from any campus phone or in-person in Main Hall, or by mail at kirvin@cottey.edu.