Animals on campus (STudents)

Service Animal

Per the American’s with Disabilities Act (ADA), “service animal means any dog that is 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.” In addition to the provisions about service dogs, the Department’s ADA regulations have a separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. The ADA goes on to say “Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.  The work or tasks performed by a service animal must be directly related to the individual’s disability.”

Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties.

Service Animals are working animals, not pets. The work or task a Service Animal has been trained to provide must be directly related to the person’s disability.

Dogs whose sole function is to provide comfort or emotional support do not qualify as Service Animals.

Emotional Support Animal (ESA)

“Emotional Support Animals are animals that provide emotional support which alleviates one or more identified symptoms or effects of a person's disability.

Some, but not all, animals that assist persons with disabilities are professionally trained. Other ESA’s are trained by the owners. In some cases, no special training is required. The question is whether or not the animal performs the assistance or provides the benefit needed as a reasonable accommodation by the person with the disability. Unlike a Service Animal, an ESA does not actively assist a person with a disability with activities of daily living, nor does it accompany a person with a disability at all times.

ESA’s may be considered for access to university housing, however, they are not generally permitted in other areas of the university (e.g. libraries, academic buildings, classrooms, labs, student center, etc.).

Service animals are the only animal which may accompany a person with a disability practically anywhere on campus that other students and the general public are allowed. Service animals are welcome in buildings on campus and may attend classes, meetings, or other events.  If there are any questions as to whether an animal qualifies as a service animal, a determination can be made by the Program Coordinator/ADA-504 Coordinator with Disability and Accessibility Resources.

If it is readily evident an animal is providing a service related to a disability such as a dog who guides a person with visual impairments, no further inquiry is allowed.  There currently are no certifications or identification methods, such as vests or ID cards, required or recognized under the laws for service animals.  Conversely, if an animal is observed to be wearing a vest or other identification method indicating they are service animal, this is not in and of itself sufficient to determine they are a service animal. In cases where it is not readily evident, the procedure that follows should be utilized.

Allergies and fear of dogs are not solely sufficient as reasons for denying access or refusing service to people using service animals. When a valid reason does exist to consider exclusion of the service animal, the university must consider the situation carefully to determine when the animal may be excluded.

A person with a disability cannot be asked to remove his service animal from the premises unless:

(1) the dog is out of control and the handler does not take effective action to control it or
(2) the dog is not housebroken.

When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to participate or obtain goods/services without the animal’s presence.

As a best practice, WVSU will use the following process to help us determine if an animal is a service animal under the ADA:

1. Is the animal a dog or a miniature horse?

• If “yes,” proceed to the next question.
• If “no,” the animal is not a service animal but may be another type of assistance animal for which a reasonable accommodation is needed.  Proceed to Animals in Residence Hall, Part II below.

2. Is it readily apparent* that the animal is trained to do work or perform tasks for the benefit of an individual with a disability?​

• If “yes,” further inquiries are unnecessary and inappropriate because the animal is a service animal.
• If “no,” proceed to the next question.

       *It is readily apparent when the animal is observed:

• guiding an individual who is blind or has low vision
• pulling a wheelchair
• providing assistance with stability or balance to an individual with an observable mobility disability.

3. If it is not readily apparent the animal is trained, WVSU should limit its inquiries to the following two questions:

• WVSU may ask in substance:
  • (1) “Is the animal required because of a disability?” and
  • (2) “What work or task has the animal been trained to perform?”

No employee of WVSU, including the Program Coordinator/ADA-504 coordinator, may ask about the nature or extent of the person’s disability, may not ask for documentation, nor ask that the animal perform the task identified.

• If the answer to question (1) is “yes” and work or a task is identified in response to question (2), the animal qualifies as a service animal. 
• If the answer to either question is “no,” “none,” or is unclear, the animal does not qualify as a service animal under federal law but may be a support animal or other type of assistance animal that needs to be accommodated.  Guidance for this process is included in the section regarding animals in residence halls.

Performing “work or tasks” means that the animal is trained to take a specific action when needed to assist the person with a disability.

• If the individual clearly identifies at least one action the animal is trained to take which is helpful to the disability other than emotional support, the animal should be considered a service animal and permitted on campus including in housing, public and common use areas.  WVSU should not make further inquiries. 
• If no specific work or task is identified, the animal should not be considered a service animal but may be another type of animal for which a reasonable accommodation may be required.  Emotional support, comfort, well-being, and companionship are not a specific work or task for purposes of analysis under the ADA and/or Section 504.

4. Considering special circumstances when a service animal may be excluded from certain spaces/locations on campus.

The ADA does not require the institution to modify policies, practices, or procedures if it would –

• fundamentally alter the nature of the goods, services, programs, or activities provided. 
• would pose a direct threat to health and safety of others
• overrule legitimate safety requirements 

If admitting service animals would fundamentally alter the nature of a service or program, pose a direct threat or present a legitimate safety concern, service animals may be prohibited.  In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded.

• In most settings, the presence of a service animal will not result in a fundamental alteration.  However, there are some exceptions.  If the animal’s presence interferes with the experiment which would make the lesson and/or research impossible to conduct. For example, if the lab is a sterile environment or houses hazardous pathogens, the animal may be excluded.
• A decision to exclude a service animal cannot be based on the notion that an animal might threaten the safety of others. It also cannot be based on assumptions or bad experiences with other animals.  Each service animal must be considered individually and each situation or location requires a Direct Threat or Needs Assessment.
• When a person who is allergic to pet dander or has a fear of the animal and a person who uses a service animal must spend time in the same room or facility, for example, in a classroom or a dorm room/suite, they both should be accommodated.  The Accessibility Specialist will be involved in the cases in which both parties are students.  If one party is a student and the other is faculty or staff, both the Accessibility Specialist and the ADA Coordinator will be involved in determining how best to accommodate the parties.  This may include assigning the parties, if possible, to different locations within the room or different rooms in the facility.

Q. What does "do work or perform tasks" mean?
A. The dog/miniature horse must be trained to take a specific action when needed to assist the person with a disability. The mere presence of an animal providing comfort to someone would not be considered a service animal under the ADA.  Service animal examples would include, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.
 
Q. Who is responsible for the care and supervision of a service animal?
A. The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, and grooming and veterinary care. Covered entities are not obligated to supervise or otherwise care for a service animal.

The Fair Housing Act as amended in 1988 requires housing providers, such as WVSU, to modify or make exceptions to policies governing animals when it may be necessary to permit persons with disabilities to utilize animals. Because HUD interprets the FHA to require access for individuals who use service animals, our Institution will initially follow the analysis that DOJ has determined is used for assessing whether an animal is a service animal under the ADA. The Department of Justice’s ADA regulations generally require state and local governments entities and public accommodations to permit the use of service animals by an individual with a disability. For support animals and other assistance animals that may be necessary in housing, although the ADA does not provide for access, housing providers must comply with the FHA, which does provide for access. 

Additionally, as WVSU is subject to Section 504 of the Rehabilitation Act of 1973, the Office of Civil Rights at the US Department of Education has indicated that such requests also should be considered through the interactive process outlined in the regulations. While Section 504 does not speak to animals - instead it addresses discrimination – it would require consideration of a modification to policy or procedure (such as a no-pet policy), if without the modification the person was denied access.  The burden of proof is on the student to prove how a no pet policy denied them access. 

Overall questions to be considered – Is the animal a service animal?  If not, how is the requested accommodation of an animal in the residence hall reasonable and necessary to afford the student to have an equal opportunity to use and enjoy student housing at WVSU?

With regards to emotional support animals, the accommodations must be reasonable and HUD does not require the Institution to permit animals that:

• pose a direct threat to the health and safety of others (that cannot be reduced or eliminated by another reasonable accommodation);
• would cause substantial physical damage to the property of others (including campus housing);
• would pose an undue financial and administrative burden on the University; or
• would fundamentally alter the nature of the University’s operations.

Approved assistance animals are allowed in the residence hall or campus apartment for which the individual with a disability is assigned by the Office of Housing and Residence Life. An individual with a disability may be asked to remove an assistance animal from campus housing if the animal:

• is out of control and the individual does not take effective action to control it,
• poses a direct threat to the health and safety of others (that cannot be reduced or eliminated by another reasonable accommodation),
• causes substantial physical damage to the property of others (including University housing), or
• poses an undue financial and administrative burden to the University.

SAR and Housing/Residence Life may place reasonable conditions or restrictions on approved animals, depending on the nature and characteristics of the animal.  This will be determined on a case-by-case basis using an interactive process involving the student and staff of the aforementioned offices.

If the accommodation is denied and the assistance animal is properly excluded when requested, the individual with a disability has the opportunity to use and enjoy campus housing without having the assistance animal on the premises. 

An assistance animal is not required to have special training, certification or be licensed as an assistance animal; however the animal shall be under the control of the individual. An assistance animal shall have a harness, leash, other tether, or cage (restraining device) unless either the individual is unable because of a disability to use a restraining device, or the use of a restraining device would interfere with the animal’s safe, effective performance of assistance, in which case the animal must be otherwise under the individual’s control (e.g., voice control, signals or other effective means). 

The University is not responsible for the care or supervision of an assistance animal. 

The University may ask about:

• the nature or extent of a person’s disability that substantially limits a major life activity,
• how the assistance animal is necessary for the student to use or enjoy his/her residence, and
• the relationship between the student’s disability and the relief that the animal provides.

The University may request veterinary verification of routine care of the animal, including vaccines.

The University will not charge the individual with a disability a surcharge, even if people accompanied by pets are required to pay fees. If the University normally charges individuals for damages caused by a pet, an individual with a disability may also be charged for damage caused by the assistance animal particular accommodation must be granted if it is deemed not reasonable or other suitable methods are available.

What is a service animal?

The university will utilize the previous method outlined under service animals to determine if the animal meets the criteria to be considered as such.  If not, the procedure outlined starting in Part II will be initiated. 

1. Has the individual requested a reasonable accommodation —that is, asked to get or keep an animal in connection with a physical or mental impairment or disability?

Note:  The initial request for a reasonable accommodation with respect to an emotional support animal may be oral or written.  To proceed through the interactive process, the student will need to submit the Request for Access/Accommodation form.

• If “yes,” proceed to Part III.
• If “no,” WVSU is not required to grant a reasonable accommodation that has not been requested. 

2) Does the person have an observable disability or does WVSU already have information giving us reason to believe that the person has a disability?    

Note:  Observable and Non-Observable Disabilities

Under the FHA and section 504, a disability is a physical or mental impairment that substantially limits one or more major life activities.  While some impairments may seem invisible, others can be readily observed.  Observable impairments include blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable symptoms or effects, such as intellectual impairments (including some types of autism), neurological impairments (e.g., stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions. Observable impairments generally tend to be obvious and would not be reasonably attributable to non-medical causes by a lay person.

Certain impairments, however, especially including impairments that may form the basis for a request for an emotional support animal, may not be observable. In those instances, WVSU may request information regarding both the disability and the disability-related need for the animal.

• If “yes,” skip to question #4 to determine if there is a connection between the person’s disability and the animal.
• If “no,” continue to the next question.

3) Has the person requesting the accommodation provided information that reasonably supports that the person seeking the accommodation has a disability?

• If “yes,” proceed to question #7.  WVSU, at its discretion, may make the truth and accuracy of information provided during the process part of the representations made by the student tenant under a lease or similar housing agreement to the extent that the lease or agreement requires the truth and accuracy of other material information.
• If “no,” WVSU is not required to grant the accommodation unless this information is provided but may not deny the accommodation on the grounds that the person requesting the accommodation has not provided this information until the requester has been provided a reasonable opportunity to do so. To assist the person requesting the accommodation to understand what information WVSU is seeking, WVSU provides a disability verification form with questions specific to an ESA.

Disability Determination

Note that under DOJ’s regulations implementing the ADA Amendments Act of 2008, which HUD also considers instructive when determining whether a person has a disability under the FHA, some types of impairments will, in virtually all cases, be found to impose a substantial limitation on a major life activity resulting in a determination of a disability. Examples include deafness, blindness, intellectual disabilities, partially or completely missing limbs or mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, muscular dystrophy, multiple sclerosis, Human Immunodeficiency Virus (HIV) infection, major depressive disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain injury, obsessive compulsive disorder, and schizophrenia. This does not mean that other conditions are not disabilities. It simply means that in virtually all cases these conditions will be covered as disabilities.

4) Has the person requesting the accommodation provided information which reasonably supports that the animal does work, performs tasks, provides assistance, and/or provides therapeutic emotional support with respect to the individual’s disability?

• If “yes,” proceed to Part IV.  WVSU, at its discretion, may make the truth and accuracy of information provided during the process part of the representations made by the tenant under a lease or similar housing agreement to the extent that the lease or agreement requires the truth and accuracy of other material information.
• If “no,” WVSU is not required to grant the accommodation unless this information is provided but may not deny the accommodation on the grounds that the person requesting the accommodation has not provided this information until the requester has been provided a reasonable opportunity to do so.  To assist the person requesting the accommodation to understand what information WVSU is seeking, the requester should reference the Disability Verification Form for ESA’s to ensure WVSU receives the disability-related information that is actually needed to make a reasonable accommodation decision.

5) Is the animal commonly kept in households?     

• If “yes,” the type of animal could be a reasonable accommodation under the FHA unless the general exceptions described below exist.
• If “no,” a reasonable accommodation need not be provided, but note the very rare circumstances described below.

Animals commonly kept in households. If the animal is a dog, cat, small bird, rabbit, hamster, gerbil, other rodent, fish, turtle, or other small, domesticated animal that is traditionally kept in the home for pleasure rather than for commercial purposes, then the reasonable accommodation should be granted because the requestor has provided information confirming that there is a disability-related need for the animal. For purposes of this assessment, reptiles (other than turtles), barnyard animals, monkeys, kangaroos, and other non-domesticated animals are not considered common household animals.

Once the student has met with the staff with Student Accessibility Resources for the intake/access consultation and submitted appropriate documentation, an initial determination will be made regarding further consideration of the ESA.  This determination will include if the student has a disability with substantial limitations for which having an ESA may be of assistance.  If deemed for further consideration, the request will be referred for consultation with the Special Housing Committee for a determination on a case-by-case basis of whether the presence of the requested 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.

WVSU will consider the following factors, among others, in determining whether the presence of the animal is reasonable or in the making of housing assignments for individuals with an ESA. WVSU will consider whether:

1. Undue Financial and/or Administrative Burdens
   1. The animal's presence would interfere with another individual’s use and enjoyment of housing
      1. The animal's presence otherwise violates other individuals' right to peace and quiet;
      2. The animal’s presence would force another individual from individual housing such as for serious allergies or intense fear;
2. Fundamental Alteration of University Housing Policies
   1. The size of the animal and/or it's containment system is too large for available assigned housing space
   2. The animal would make physical modification of the dwelling unit necessary or require WVSU Housing to provide services that are not part of its usual services in order to accommodate it.
3. Poses a Direct Threat
   1. The animal is not housebroken or is unable to live with others in a reasonable manner;
   2. 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
   3. The animal causes or has caused excessive damage to a leased space beyond reasonable wear and tear.

WVSU will not limit room assignments for individuals with ESA to any particular building or buildings. However, University housing is unique in several aspects including the assignment of roommates for individuals and the mandate that individuals must share a room or suite in certain residence hall types. To ensure that the presence of an ESA is not an undue administrative burden or fundamental alteration of University housing, WVSU reserves the right to assign a single occupancy room and/or relocate an individual with an ESA when necessary.

Once the Special Housing Committee determines the accommodation request is reasonable and is approved, the following will occur:

• The Program Coordinator with Disablity and Accessibility Resources will notify the student the request has been approved.
• The Residence Life staff will notify the student’s roommate(s) or suitemate(s) (if applicable) for their acknowledgement of the presence of an animal housed in their living environment.
• Residence Life staff will work with the student in order to complete all further necessary forms.  

The animal may not reside in campus housing until the following forms have been completed and submitted:

1. Owner’s Responsibilities for Emotional Support Animal (ESA) agreement form
2. Emotional Support Animal Registration Form
3. Required veterinary records
4. Roommate/Suitemate Acknowledgement Form (if applicable).

Should there be conflicting considerations between the student approved for an emotional support animal and the needs of roommate(s) or apartment mate(s) such as health/allergy conditions or fear of the animal, the University will engage with all parties involved.  The Program Coordinator will conduct an interactive process with the student who has health/allergy conditions or fear of animals that rise to the level of a disability.  For those who do not meet this threshold, the Director of Residence Life and any administrators in the affected area will be involved.  In either case, the university will come to a resolution that protects the rights of the student with a disability as well as takes into consideration the needs and rights of the other parties involved.

Options to be considered may include either the student requesting the assistance animal or the non-approving roommate(s) or apartment mate(s) being moved to a different location based on space availability.

If the Special Housing Committee determines the request is not reasonable, the student will be notified of the denial of the request in writing by the Accessibility Specialist.  The notice will include the specific reasons for the denial, advise the requestor they may submit additional information for reconsideration, and the option the requestor may appeal the decision of the Special Housing Committee through the Discrimination Grievance Procedure through the Office of Title IX/EEO.

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 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 in the previous section; 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 Accessibility Specialist with Student Accessibility Resources. The owner has the right to appeal by following the Disability Discrimination grievance process. The owner will be afforded all rights of due process and appeal as outlined in that process.
Unless exigent circumstances require otherwise, the owner will have 48-72 hours to remove the animal from the residence hall. If university housing cannot contact the owner to remove the animal, housing will contact the alternative caregiver listed on the Emotional Support Animal Registration Form. If the alternative caregiver is not available, Physical Facilities staff and the WVSU Police Department will be notified to remove the animal off the premise and taken to the local animal control facility, the Kanawha-Charleston Humane Society. 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.