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Code of Student Rights and Responsibilities

Appendix B: Support and Emotional Support Animals

Saint Mary-of-the-Woods College is committed to reasonably accommodate persons with disabilities who require the assistance of service or emotional support animals. However, the College is also mindful of the health and safety concern of the campus community. Thus, the College must balance the need of the individual with the disability with the potential impact of animals on other campus patrons. The successful implementation of the policy requires the cooperation of all students, faculty, and staff.

Definitions

Disability: Disability is defined by ADA as a physical or mental impairment that substantially limits one or more of the major life activities, a record of such impairment or being regarded as having such an impairment.

Service Animal: A service animal is a dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability. These tasks include but not limited to guiding individuals with impaired vision; altering individuals who are hearing impaired to intruders or sound; pulling a wheelchair; or fetching dropped items.

Emotional Support Animal: An emotional support animal is an animal selected to play an integral part of a person’s treatment process. Such an animal must demonstrate a good temperament and reliable, predictable behavior. An emotional support animal is prescribed to an individual with a disability by a healthcare or mental health professional. An emotional support animal is not a service animal. Unlike a service animal, an emotional support animal does not assist a person with a disability at all times. However, an emotional support animal may be incorporated into a treatment process to assist in alleviating the symptoms of that individual’s disability. This treatment occurs within a person’s residence and therefore may be considered for access to campus housing. Fair Housing regulations only apply to housing facilities; therefore, emotional support animals are not permitted in other areas of the College (e.g., Library, dining hall, academic buildings, athletic fields, events indoors or outside, etc.).

Pet: A pet is an animal kept for ordinary use and companionship. A pet is not considered a service animal or an emotional support animal, and therefore, is not covered by this policy. Non-approved pets are not permitted on college property. For further details about approved and non-approved pets, see the Pet Policy.

Service and Emotional Support Animals in Campus Housing

Service Animals

Many people with disabilities use a service animal to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking, picking up items for a person who uses a wheelchair, or alerting a person who has hearing loss when someone is approaching from behind. The ADA requires State and local government agencies businesses, and non-profit organizations (covered entities) that provide goods or services to the public to make “reasonable modifications” in their policies, practices, or procedures when necessary to accommodate people with disabilities. Accordingly, entities that have a “no pets” policy generally must modify the policy to allow service animals into their facilities.

General Rules

In situations where it is obvious that the dog is a service animal, staff may ask only two questions:

  1. Is the dog a service animal required because of a disability? And

  2. What work or task has the dog been trained to perform?

Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person’s disability. The ADA does not require service animals to wear a vest, ID tag, or specific harness. The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, grooming, and veterinary care. Service animals must be allowed to accompany their handler anywhere that is open to the general population.

Emotional Support Animals

An emotional support animal may not reside in Campus housing without the expressed written approval of College officials. Such requests are processed as follows:

  1. A person requesting an emotional support animal needs to contact the Director of Academic Services for Student Success, ADA Advisor, for a form to be completed by the person’s healthcare or mental health provider who has recommended the emotional support animal as part of treatment.

  2. The ADA Advisor will inform the person if the request has been approved or denied.

  3. Upon approval by the ADA Advisor will send the approval to the Associate Vice

    President for Student Affairs who will contact the person to discuss the next steps.

  4. Meet with the Associate Vice President for Student Affairs.

  5. Provide documentation.

  6. Once approved by Associate Vice President for Student Affairs, sign the Emotional

    Support Animal Student Housing Agreement.

*No emotional support animals may be kept in College housing at any time prior to the student receiving full approval for an emotional support animal from both the ADA Advisor and the Associate Vice President for Student Affairs.

Guidelines and Requirements for Emotional Support Animals

An accommodation is granted for approved animals provided that their behavior, noise, odor, and waste do not exceed reasonable standards for a well-behaved animal and that these factors do not create an unreasonable living environment or frequent disruptions for other residents. If the noise (crying, barking, meowing, etc., especially when the student is not around) is excessive, as judged by residence hall staff, it is grounds to rescind permission for the specific emotional support animal to be in campus housing. The following factors (among others) are used as evidence in determining whether the presence of the animal is reasonable:

  • The size of the animal is too large for available assigned housing space (according to the Animal Welfare Act Regulations)

  • The animal’s presence would force another individual from their assigned housing (e.g., serious allergies)

  • The animal is not housebroken or is unable to live with others in a reasonable manner

  • The animal’s vaccinations and licensing are not up to date

  • The animal poses or has posed a direct threat to the individual or others, such as

    aggressive behavior towards or injuring the individual or others, or the potential of

    transmission of zoonotic diseases

  • The animal causes or has caused excessive damage to the Residence Hall space beyond

    reasonable wear and tear

    Conflicting Disabilities

    Students with medical condition(s) that are affected by animals (respiratory diseases, asthma, severe allergies) should contact the Associate Vice President for Student Affairs if they have a health or safety related concern about exposure to a service or emotional support animal. The AVP for Student Affairs will have an interactive dialogue with the student to determine whether there is a need for accommodation and what accommodations would be appropriate. The College may use the Student Health Services Center as a resource for information on health issues.

    Responsibility of Persons with Service or Emotional Support Animals

    Care and Supervision: Care and supervision of the animal is the sole responsibility of the individual who benefits from the animal’s use. The person is required to maintain control of the animal at all times. The person is also responsible for ensuring that clean-up of the animal’s waste, when appropriate, must toilet the animal in areas designed by the College.

    Housebroken: The animal must be housebroken prior to arrival on campus. According to the American Kennel Club a dog must be one year of age before it can be considered fully housebroken. Animals younger than one year of age will not be approved as emotional support animals.

Vaccination: The animal must be immunized against disease common to that type of animal. Dogs must have current vaccination against rabies and wear a rabies vaccination tag.

Health: The animal must be in good health. Animals to be housed in campus housing must have an annual clean bill of health from a licensed veterinarian. The College has authority to direct that the animal receives veterinary attention.

Insurance: The owner is required to document that they have liability insurance covering the emotional support animal for a minimum of $300,000.00.

Licensing: The animal must be appropriately licensed in accordance with the city of Terre Haute ordinances. City of Terre Haute pet licensing: https://www.terrehaute.in.gov/departments/board-of-public-works/pet-licensing.html.

Leash/Control: The animal must be on a leash or under the owner’s control, at all times.

Other Behavioral Guidelines: Service or emotional support animals may not be used to entice visitors to a student’s room or as a mascot for an event or student organization. For example – an invitation to visit a student’s room solely to spend time with/interact with a service/emotional support animal is not appropriate.

Other Conditions: Saint Mary-of-the-Woods College may place other reasonable conditions or restrictions on the animals depending on the nature and characteristics of the anima