Service and Assistance Animals Policy

I. Purpose

The University of Mount Saint Vincent (the “University”) recognizes that Service Animals and Assistance Animals (as defined below) provide individuals with disabilities enhanced autonomy and independence. This Service and Assistance Animals Policy (the “Policy”) establishes the requirements, guidelines, and conditions under which Service Animals or Assistance Animals may or must be permitted access to University grounds and facilities, including Student Housing (as defined below). Pets are otherwise prohibited on University property, including Student Housing. The University reserves the right to amend these guidelines as it deems necessary.

II. Scope

This Policy applies to all students, faculty, staff, guests, and visitors at the University.

III. Policy

Other than Service and Assistance Animals, no pets are allowed at the University. In accordance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (“ADA”), the Fair Housing Act (“FHA”), and state and local law, the University will accommodate persons with disabilities who require the assistance of a qualified Service Animal or an Assistance Animal. Approved Service Animals are generally permitted throughout the campus, including Student Housing.

Unlike a Service Animal, an Assistance Animal does not assist a person with a disability with activities of daily living, nor does it accompany a person with a disability at all times. Therefore, approved Assistance Animals are permitted in Student Housing, but Assistance Animals are prohibited from all other University property (e.g., dining areas, libraries, academic buildings, classrooms, labs, student center, offices, etc.). Furthermore, the University may prohibit the use of Service Animals or Assistance Animals in certain locations because of health and safety restrictions (e.g., where the animals may be in danger). Restricted areas include, but are not limited to, the following areas: custodial closets, boiler rooms, facility equipment rooms, research laboratories, athletic fields, rooms with heavy machinery, vacant housing units, and areas outlined in state law as being inaccessible to animals.

IV. Procedures for Requesting a Service Animal or Assistance Animal

• Required documentation for requesting a Service Animal
  1. Completed and signed Request for Service or Assistance Animal Form. Note: There are separate forms for students and faculty and staff;
  2. Signed copy of Rules and Responsibilities Agreement;
  3. Current “Clean Bill of Health” documentation of the Service Animal’s clean bill of health from a licensed veterinarian. Acceptable documentation is a veterinarian’s statement certifying that the animal is in good health and that all required vaccinations are up to date (executed on office letterhead);
  4. Vaccination: In accordance with local ordinances and regulations, the Service Animal must be immunized against diseases common to that type of animal. Dogs must have current vaccinations against rabies and wear a rabies vaccination tag. Cats must have a current vaccination against rabies. Vaccination proof must be executed on office letterhead; and
  5. A current, clear close-up photograph of the Service Animal.

• Required documentation for requesting an Assistance Animal (students only)

1. 1. Completed and signed Request for Service or Assistance Animal Form for Students;
   2. Completed Documentation for Accommodation Requests. The form must be current (dated within the last 6 months) documentation of the individual’s disability completed and signed by their licensed physician, psychiatrist, social worker, or other licensed mental health professional that states how the animal serves as an accommodation for the verified disability and how the need for the animal relates to the ability of an individual to participate in Student Housing. IMPORTANT NOTE: The University will not accept documentation for an Assistance Animal generated from fee-for-service entities whose business purpose is to supply assistance animal certification via online questionnaires and/or video or phone interviews. The mental health professional or physician providing the documentation must have a bona fide, active, and continuous treatment relationship with the Owner requesting accommodation and must attest to such treatment relationship in writing. The University has sole discretion to determine whether a treatment relationship meets this criterion.
   3. Signed copy of Rules and Responsibilities Agreement;
   4. Current “Clean Bill of Health” documentation of the Approved Animal’s clean bill of health from a licensed veterinarian. Acceptable documentation is a veterinarian’s statement certifying that the animal is in good health and that all required vaccinations are up to date (executed on office letterhead);
   5. Vaccination: In accordance with local ordinances and regulations, the animal must be immunized against diseases common to that type of animal. Dogs must have current vaccinations against rabies and wear a rabies vaccination tag. Cats must have a current vaccination against rabies. Vaccination proof must be executed on office letterhead; and
   6. A current, clear close-up photograph of the Assistance Animal.

• How, Where and When to Submit Requests for Service Animals or Assistance Animals
  • For Students:
    1. Students must complete the Request for Service or Assistance Animal Form for Students and submit a signed copy of the form together with all required documentation to the Center for Specialized Academic Support Services at least 30 days prior to service and/or assistance animal’s arrival on campus.
    2. Students who develop a need for a Service Animal or an Assistance Animal after arriving on campus must complete the Request for Service or Assistance Animal Form for Students and submit a signed copy of the form together with all required documentation to Center for Specialized Academic Support Services at least 30 days prior to bringing their Service Animal or Assistance Animal on campus.

• Decisions on Requests
  • Once the required documentation is submitted to the Center for Specialized Academic Support Services (Office for Accessibility Services) a committee will review the documentation. The individual requesting the accommodation will be notified as to whether the request has been approved or denied, or that additional information is needed. For students, the Approved Animal will be registered with the appropriate offices and Office of Housing and Residence Life will establish a move-in date for the Approved Animal.
  • The University is not required to provide accommodations that would pose a direct threat to the health or safety of others. Therefore, if a particular animal requested by an individual with a disability has a history of dangerous behavior or an unsafe disposition, the University will deny the request. The University will also deny requests that would: (1) result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by a reasonable accommodation; (2) pose an undue financial and administrative burden on the University; or (3) fundamentally alter the nature of the University’s operations.

• Annual Renewal of Request
  • Owners must submit annual documentation of the Approved Animal’s “Clean Bill of Health” documentation including vaccination records for renewal of the accommodation (the date of the initial application approval).

• Roommates
  • For students who live with assigned roommates, please be advised that the Office of Housing and Residence Life will notify the roommates within the housing assignment that the Approved Animal will be residing in a shared assigned living space (15 days before bringing the Approved Animal). If the roommates do not agree to live with an animal, the Office of Housing and Residence Life will work with the parties to determine a resolution. The University reserves the right to move the parties to alternative housing assignments.

• Guests and Visitors
  • Guests of residents of Student Housing who wish to bring a Service Animal into Student Housing overnight must contact the Office of Housing and Residence Life in writing at least fifteen (15) days in advance to provide the dates of their visit, the type, and breed of the Service Animal, to attest to the Assistance Animal being up to date on vaccinations and comply with the requirements set forth in these guidelines.

• Appeals
  • Individuals whose request for a Service Animal or an Assistance Animal through this process is not granted or whose formerly Approved Animal is removed because of a violation of this Policy will have the opportunity to appeal such decisions. All appeals should be submitted to the Center for Specialized Academic Support Services by e-mailing oas@umsv.edu within 5 business days of the decision. Students will receive information about the appeals process upon notification of the decision of the request for disability accommodations.

V. Definitions

Service Animals: Any dog or miniature horse 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. 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 work or tasks include but are not limited to: (i) assisting individuals who are blind or have low vision, (ii) alerting individuals who are deaf or hard of hearing, (iii) pushing or pulling a wheelchair, (iv) assisting an individual during a seizure, (v) retrieving items such as medicine or the telephone, and (vi) helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. Dogs whose sole function is to provide comfort or emotional support are not Service Animals but may qualify as Assistance Animals.

Assistance Animals: Animals that provide emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Assistance Animals include animals that are commonly referred to as “emotional support animals or “ESAs.” Because they are not individually trained to perform work or tasks, Assistance Animals are not Service Animals.

Individual with Disability: A person who 1) has a physical or mental impairment that limits one or more of a person’s major life activities or 2) has a record of having or being perceived as having a physical or mental impairment.

Owner: Individual with a disability who has requested housing accommodation and has received written approval to bring the “Approved Animal” on the University property.

Pet: An animal kept for ordinary use and companionship. A pet is not considered a Service Animal or an Assistance Animal. Pets are not permitted at the University, including Student Housing.

Approved Animal: Service Animal or Assistance Animal that has been approved as a reasonable accommodation under this Policy.

Student Housing: Any facility operated by the University for the purpose of housing residential students.

No Pets: Non-approved animals are not allowed on the University property or in Student Housing without an approved Service Animal or Assistance Animal application. No visiting, babysitting, or pending foster or adoption animals are allowed.

Service and Assistance Animals Policy Rules and Responsibilities Agreement

 Owners of an approved Service Animal or Assistance Animal (“Approved Animal”) are required to follow the procedures outlined in the Service and Assistance Animals Policy (the “Policy”). All capitalized terms used herein are defined in the Policy. The student receiving the accommodation assumes the role of “Owner.”

Owners of Approved Animals must abide by the following rules and responsibilities. Failure to abide by these rules and responsibilities may lead to sanctions including removal of the Approved Animal from the University campus, including student housing.

Rules and responsibilities for all Owners:

1. The Owner must submit all required documentation as outlined in the Policy to the appropriate office.
2. All Approved Animals must always wear an identification tag after receiving approval. In addition, the Owner must display on their residence hall door a marker that will allow identification of apartments with animals in case of emergency. The Housing Office will provide the identification tag and the door marker.
3. The Owner must always be in full control of the Approved Animal (for example, leash, harness, crate, etc.).
4. The Owner is solely responsible for the Approved Animal’s well-being, care, and cleaning including, but not limited to, regular feeding, bathing, grooming, daily care, and veterinary services. If animal neglect or cruelty is suspected, the University maintains the right to investigate and/or contact outside resources such as the NYPD.
5. The Owner of an Approved Animal that is a dog must always walk the dog on a leash while on University property, including in residential premises. University reserves the right to impose disciplinary action, including but not limited to a fine via the Student Conduct Process on an Owner who fails to comply with this leash requirement.
6. It is the responsibility of the Owner to ensure the Approved Animal does not interfere with the quality of life of other residents on campus. This includes controlling noise violations by the Approved Animal (e.g., barking or other disruptive noise).
7. Dogs as Approved Animals must be “housebroken,” and cats as Approved Animals must be litter box trained. Other smaller animals (e.g., gerbils, rabbits, guinea pigs, etc.) as Approved Animals must be caged and may not be left loose while on campus, including in student housing.
8. Fecal matter deposited on grounds or within the facilities must be removed immediately and disposed of properly by the Owner. The Owner must arrange for immediate removal of fecal matter if the Owner is unable to perform the task personally.
9. The Owner will hold University harmless in the event the Approved Animal goes missing. University is not responsible for the retrieval of the missing Approved Animal in the event the animal escapes or becomes lost. Furthermore, the Owner will defend, indemnify, and hold University harmless for any claims, costs, expenses, suits, obligations, demands, damages, liabilities, judgments, and losses arising in connection with any physical or mental injury or disability to, or death of, any person or damage to or destruction of any property caused by, resulting from, incidental to, or growing out of any activity, act or conduct of the Owner’s Approved Animal.
10. The Owner must submit annual documentation of the Approved Animal’s “Clean Bill of Health” documentation for annual renewal.
11. The Owner will be financially responsible for any and all damages to the University’s property caused by an Approved Animal and will be required to pay for any repair or replacement costs.
12. The Owner must notify in writing the office that granted approval if the Approved Animal is no longer needed as a Service Animal or Assistance Animal or is no longer in the residential facilities. To replace an Approved Animal, the Owner must complete a new set of required documentation for the new Service Animal or Assistance Animal.
13. Approved Assistance Animals will remain in the Owner’s assigned room and are not permitted in other students’ rooms or the common areas of the residential facilities and other areas of the University campus such as classrooms, academic buildings, administrative buildings, libraries, dining services areas, fitness, center, pool, etc.
14. To minimize the possibility of pest and allergy problems, the Owner is required to utilize a veterinarian-recommended flea control program. It is recommended that the Owner regularly use a vacuum with anti-allergen chemicals.
15. When an Approved Animal is left unattended by its Owner in student housing, the Owner must secure the Approved Animal in the Owner’s licensed space (e.g., Owner’s bedroom with the door closed) so that the Approved Animal cannot roam freely in any shared space in the apartment. This will allow University or student housing staff who routinely access the residential facilities for maintenance and other routine tasks to do so without posing a risk to the animal or staff.
16. The Owner of an Approved Animal in a residence hall will provide to the Office of Housing and Residence Life emergency contact information of an individual (a non-UMSV contact) who will be on call to care for and remove the Approved Animal in the event the Owner is unable to care for the Approved Animal and/or has extended leave for more than 24 hours.
17. If the Owner takes vacation, leaves campus for break periods, is hospitalized, or has extended leave (more than 24 hours) for any reason, the Approved Animal must be removed from student housing. If the Approved Animal is to be left alone for more than 24 hours at a time, the Owner must make alternate living arrangements for the Approved Animal. Alternative living arrangements include having the Approved Animal boarded or kept off campus. The emergency contact must be within 130 miles of distance from the Approved Animal residence at the University. The Owner cannot pay or seek volunteer assistance from another student or University employee.
18. The Owner is responsible for assuring that the Approved Animal does not interfere with the routine of the residence hall or cause difficulties for individuals who reside in the registered living space. Sensitivity to residents with allergies and to those who fear animals is important to ensure a positive residential community.
19. The Division of Student Engagement may remove or require the removal of the Approved Animal that poses a threat to the health or safety of others on campus, disrupts University’s educational environment of and/or residential community, or if the Owner does not comply with the rules and responsibilities as set forth in the Policy.

I have read and understand the rules and responsibilities as outlined above and agree to comply with the Policy and the rules and responsibilities at all times while my Approved Animal is on campus, including in student housing. Should I fail to comply with the Policy and/or these rules and responsibilities, I understand my approved accommodation may be suspended or revoked, my Approval Animal may be removed from campus and/or student housing, and/or I may be charged with a violation of University policies.