ABILENE CHRISTIAN UNIVERSITY EMOTIONAL SUPPORT ANIMAL (ESA) POLICY AND AGREEMENT
Abilene Christian University recognizes the importance of “Service Animals” as defined by the Americans with Disabilities Act Amendments Act (ADAAA), and of Emotional Support Animals (ESAs), supported by the Fair Housing Act*. The university 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. ACU is also committed to allowing ESAs, necessary to provide individuals with mental health disabilities 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. ACU reserves the right to amend this Policy as circumstances require. This policy applies solely to ESAs that may be necessary in University housing. It does not apply to “service animals” as defined by the ADAAA, and whose presence on campus is explained in the ACU Animals on Campus Policy.
Although it is the policy of ACU that individuals are generally prohibited from having animals of any type in University housing, ACU will consider a request by an individual with a disability for reasonable accommodation from this prohibition to allow an ESA that is reasonable and necessary because of a mental health disability. 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. Any requests for animals in residence for individuals with disabilities that are neither service animals nor ESAs should be directed to the Disability Services Office.
*The Fair Housing Act uses the term “Assistance Animal” which is a broad category that can include both service animals and ESAs.
I. Definitions
1. Emotional Support Animal (ESA)
An Emotional Support Animal (ESA) is an animal that provides therapeutic emotional support for an individual with a diagnosed mental health disability. Unlike service animals that are trained to perform specific tasks that are important to the independence or safety of their disabled handler, ESAs are generally not trained to perform disability-specific tasks. Their therapeutic support is a function of their presence and interaction with the person with a disability. ESAs are not pets, but they typically are animals commonly kept in households as pets. An ESA may be a dog (most common), cat, small bird, rabbit, hamster, gerbil, fish, turtle, or other small, domesticated animal that is traditionally kept in the home for pleasure. The animal must be at least 12 months of age. Under guidelines from HUD, reptiles (other than turtles), barnyard animals, monkeys, and other non-domesticated animals are not considered common household animals. Exceptions to these guidelines regarding animals serving as ESAs will be considered on a case-by-case basis.
The question in determining if an ESA will be allowed in University housing is whether or not the ESA is necessary because of the individual’s disability to afford the individual an equal opportunity to use and enjoy University housing and its presence in University housing is reasonable. However, even if the individual with a disability establishes 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.).
2. Owner
The “Owner” is the individual who has requested the accommodation and has received approval to bring an Emotional Support Animal into University Housing.
3. Alpha Scholars Office
The Alpha Scholars Office (“Alpha”) collaborates with individuals, faculty, and staff to ensure that individuals with disabilities have equal access to all ACU programs and activities.
II. Procedures For Requesting Emotional Support Animals in University Housing
The procedure for requesting ESAs follows the general procedures set forth in the Reasonable Accommodation Policy for University Housing (“Reasonable Accommodation Policy”) and the requirements set forth below. However, to the extent the requirements and procedures in this Policy conflict with the Reasonable Accommodation Policy, this Policy shall control.
ACU will accept and consider requests for Emotional Support Animals in University housing at any time. The individual making the request for an ESA should complete the required ESA request form (“Request Form”) and provide necessary documentation as practicably possible before moving into University housing. However, if the request for accommodation is made fewer than 30 days before the individual intends to move into University housing, ACU cannot guarantee that it will be able to meet the individual’s request during the first semester or term of occupancy. ESA’s may not enter the hall until the student has been cleared to do so by the Residence Life office. If an ESA is found in the hall unapproved, the animal must be removed immediately.
Requests for ESA’s will be tracked using a log that is subsequently connected to the request form. The date a request was submitted, status updates, any additional supporting medical documentation that was provided or requested, and the completion date will be recorded.
III. Criteria for Determining If Presence of the ESA is Reasonable
- University housing is unique in several aspects including the mandatory assignment of roommates for many individuals and the mandate that individuals must share a room or suite in certain residence halls. To ensure that the presence of ESA’s is not an undue administrative burden or fundamental alteration of University housing, ACU reserves the right to assign an individual with an ESA to a single room without a roommate. Additionally, if roommates/suitemates have objections to sharing their living quarters with the ESA, alternative living arrangements may be necessary. Such decisions will be made on a case-by-case basis.
- However, for all requests for an ESA, the Alpha office shall nonetheless consult with Residence Life in making a determination on a case-by-case basis of 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.
- ACU 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 Emotional Support Animals:
- The size of the crate/cage in which the animal will be housed is too large for available assigned housing space;
- The animal's presence would force another individual from individual housing (e.g. serious allergies);
- The animal's presence otherwise violates individuals' right to peace and quiet enjoyment;
- The animal poses health risks from zoonotic diseases or safety concerns regarding containment that cannot be sufficiently mitigated for inclusion in the communal living setting;
- The animal is not housebroken or is unable to live with others in a reasonable manner;
- The animal's vaccinations are not up-to-date;
- 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
- The animal causes or has caused excessive damage to housing beyond reasonable wear and tear.
ACU will not limit room assignments for individuals with ESAs to any particular building or buildings because the individual needs an ESA because of a disability.
IV. Access to University Facilities By Emotional Support Animals
A. Emotional Support Animals
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 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.
B. 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.
V. Owner’s Responsibilities for Emotional Support Animals
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:
A. 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.
- 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 ACU.
- 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.
- ACU will not ask for or require an individual with a disability to pay a fee or surcharge for an approved ESA.
- An individual with a disability may be charged for any damage caused by his or her 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.
- 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.).
- ESA’s 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 his/her residence hall overnight or longer, the animal must accompany the Owner. The Owner is responsible for ensuring that the ESA is contained, as appropriate, when the Owner is not present during the day while attending classes or other activities.
- 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.
- 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 Alpha 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 when requesting a different animal.
- ACU 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.
- The individual must provide written consent for Alpha 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, 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.
- The State of Texas and the ASPCA believe that cats and dogs over the age 4 months should be spayed/neutered.
VI. Removal of Emotional Support Animal
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 Deputy ADA Coordinator and may be appealed to Abilene Christian University’s ADA/Section 504 Compliance Officer following the procedure set forth in Paragraph 5 of the
Reasonable Accommodation Policy. 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 his/her housing obligations for the remainder of the housing contract.
VII. Non-retaliation Provision
ACU will not retaliate against any person because that individual has requested or received a reasonable accommodation in University housing, including a request for an Emotional Support Animal. For grievance procedures, please see the ‘University Housing Reasonable Accommodation Policy’ section five.
ABILENE CHRISTIAN UNIVERSITY EMOTIONAL SUPPORT ANIMAL (ESA) PROCESS & PROCEDURE
Step 1. Obtain relevant documentation from your treating provider. Please use the Provider Information Form as a guide to ensure your treating provider has provided all required documentation.
- Please note: your provider does not have to use the specific form provided here, however, all information indicated on this form MUST be included in your submitted documentation.
Step 2. Complete this form to notify Alpha Scholars of your request for an accommodation. Relevant documentation must be included with the submission of this form.
Step 3. Meet with an Alpha Scholars representative (in-person or virtual) to discuss your request for accommodation. This step of the process provides us with an interactive process that allows us to best understand your needs and potential solutions.
Step 4. If your accommodation is approved, it will be sent to Residence Life for implementation. If your request is denied, you can submit an appeal by following the steps outlined in the Alpha Scholars Student Handbook.
Step 5. Once your accommodation has been sent to Residence Life, you will need to meet with a Residence Life representative to review relevant policies and any additional requirements you may need to meet.
Step 6. Accommodations will be fully implemented.
If you have any questions or concerns while completing this process, please reach out to Alpha Scholars at alpha@acu.edu for assistance.
CONTACT INFORMATION
Alpha Scholars
alpha@acu.edu
Residence Life
reslife@acu.edu
325-674-6321
