Assistance Animals - Emotional Support Animals
Effective Date: August 23, 2024
Board Policy Reference: FAB
Purpose
The Blinn College District (hereinafter referred to as the “College District”) is committed to providing support for students with disabilities in compliance with state and federal laws regarding individuals with disabilities, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Fair Housing Act.
This regulation outlines the rules and guidelines for granting authorization to a student of the College District for an emotional support animal (ESA). The regulation outlines the procedures to request an ESA, the expectations for students if an ESA request is granted, and guidance to those who come into contact with such animals on campus.
Definitions
- Approved Trainer
- An individual who is certified by a state organization whose primary mission is to train animals for the purpose of assisting individuals with disabilities.
- Assistance Animals
- Animals that work, perform tasks, assist, and/or provide therapeutic emotional support. There are two types of assistance animals: (1) service animals and (2) Emotional Support Animals (ESA).
- Direct Threat
- A significant risk to others that cannot be eliminated or reduced to an acceptable level by reasonable modifications to the College District’s policies, practices, or procedures or by the provision of appropriate auxiliary aids or services.
- HUD
- U.S. Department of Housing and Urban Development
- Emotional Support Animal (ESA)
- One type of assistance animal. An animal companion that offers some type of benefit to an individual with a disability, intended to provide companionship and emotional support that helps alleviate one or more identified symptoms or effects of a person’s disability, as defined by the Americans with Disabilities Act (ADA).
- Fair Housing Act (FHA)
- An Act that prohibits discrimination against individuals when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. The FHA prohibits discrimination in housing because of race, color, national origin, religion, sex, familial status, and/or disability. The FHA requires a housing provider – including an institution of higher education – to make reasonable accommodations and allow reasonable modifications to allow a person with a disability to enjoy their housing. This may include allowing an individual with a disability to keep an animal for emotional support even when their housing provider has a general “no pets allowed” policy or rule. Campus housing on a public institution is subject to the FHA.
- Handler
- As defined under the ADA, the “Handler” is the person with a disability who is using a service animal.
- Individual with a Disability
- As defined under the ADA, a person with a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.
- Owner
- The individual who has requested and received approval of an accommodation to bring an emotional support animal into College District housing.
- Public Facility
- Includes a street, highway, sidewalk, walkway, common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public conveyance or mode of transportation; a hotel, motel, or other place of lodging; a public building maintained by any unit or subdivision of government; a retail business, commercial establishment, or office building to which the general public is invited; a college dormitory or other educational facility; a restaurant or other place where food is offered for sale to the public; and any other place of public accommodation, amusement, convenience, or resort.
- Service Animal
- One type of assistance animal. A dog that is individually trained to do work or perform tasks for a person with a disability. Examples include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, and alerting/protecting a person who is having a seizure. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purposes of defining a service animal. Under certain circumstances, miniature horses may also be trained as service animals and be permitted within university buildings, where reasonable. Other species of animals, whether wild or domestic, trained or untrained, are not service animals and will not be allowed.
- Service Animal in Training
- A dog undergoing training by a trainer and/or their handlers. Under certain circumstances, miniature horses may also be trained as a service animal. Individuals with Service Animals in Training have the same rights and responsibilities as applicable to Service Animals.
- Task
- A specific action that a dog is trained to do when needed to assist the person with a disability. For example, a dog trained to detect the onset of a seizure and help the person remain safe during the seizure.
Policy Overview
Generally, animals and pets are not allowed in College District facilities or on College District grounds. The College District recognizes that some individuals with disabilities use assistance animals. There are two types of assistance animals: (1) service animals and (2) Emotional Support Animals (ESA). Separate rules and procedures apply to these two categories. Below are the rules and procedures specific to ESAs. For information specific to service animals, see the Administrative Regulations titled “Assistance Animals — Service Animals.”
Students with questions regarding assistance animals should contact the College District’s Office of Disability Services (ODS). Employees with questions regarding assistance animals should contact the College District’s Human Resources Office.
Unlike service animals, which may have access to all facilities and buildings on campus, an ESA must remain in the student’s personal residence and cannot have access to other buildings or other parts of campus.
When an animal does not qualify as a service animal under the ADA, the College District will evaluate whether the animal qualifies as an ESA under the Fair Housing Act (FHA). In contrast to service animals, ESAs require:
- Prior authorization
- Are only allowed in the student’s personal residence
- Cannot be brought to public common spaces in the residence halls or elsewhere on campus
When outside the student’s personal residence, an ESA must be restrained in an animal carrier or restricted with a harness, leash, or other tether, unless the Owner’s disability precludes the use of a restraint or if the restraint would interfere with the animal’s safety. If an animal is not tethered, it must be otherwise under the Owner’s control, whether by voice control, signals, or other effective means.
The College District will require that a student requesting authorization of an ESA in campus housing complete the Emotional Support Animal Authorization form and provide supporting documentation, as outlined below, that establishes the following:
- The individual has a disability for which the animal is needed
- A description of how the animal assists the individual, including whether the animal has received special training
- The relationship between the disability and the assistance that the animal provides
The Emotional Support Animal Authorization form is located at https://www.blinn.edu/disability/service-assistance-animals.html
Responsibilities of Individuals with Emotional Support Animals
Owners with ESAs have certain responsibilities. The ESA is considered an extension of the Owner and must comply with the same public rules and regulations that the Owner must comply with. Just as a person cannot be disruptive, neither may an ESA.
- Owners are responsible for the control, care, and supervision of their animals at all times and must comply with all applicable laws and regulations, including vaccination, licensure, animal health, and leash laws.
- It is the Owner’s responsibility to know, understand, and pay any fees associated with these ordinances, laws, and regulations.
- While formal training is not required for ESAs, obedience and training programs are highly recommended.
- When appropriate for the type of animal, collars and tags must be worn at all times.
- The animal must be in good health and care. Owners must seek veterinary care for sick animals and bear all associated costs.
- Owners must take regular preventive measures against flea and tick infestations. Residences may be inspected for pests and, if infestations are found, the Owner must pay for approved professional extermination.
- Owners, other residents, and/or College District staff must promptly notify the Office of Residence Life when fleas or ticks are observed. Housing staff may not use chemical agents or insecticides to exterminate fleas and ticks.
- The Owner must pay for extermination costs after vacating the residence hall and for any pest treatment beyond standard management.
- Owners must ensure immediate clean-up and proper disposal of all animal waste.
- Routine cleaning of floors, kennels, cages, and litter boxes must occur. Animal odors emanating from a residence are not acceptable.
- The Owner bears sole liability (criminal or civil) for the actions of the animal.
- A surcharge for assistance animals is not permitted, but charges for damages caused by the animal may apply.
- Owners should provide an emergency contact to the Office of Housing and Residence Life.
- If an emergency contact is not available, the College District will board the animal at the Owner’s expense.
- ESAs may not be left overnight in College District housing to be cared for by anyone other than the Owner. The Owner must take the animal if absent overnight.
- The Owner must promptly notify BCPD and residence life staff if an ESA escapes or cannot be located within one hour.
- Any animal left unattended in a vehicle that is perceived to be in distress will be reported to the Blinn College District Police Department (BCPD).
- Unauthorized animals found in campus facilities may be impounded. Owners will be responsible for any impoundment or license fees.
Emotional Support Animals in Blinn College District Housing
Employees receiving requests for accommodation of an assistance animal should direct students or applicants to the Office of Disability Services or the ESA Authorization link. ODS will handle these requests confidentially.
Some students may have medical conditions that are adversely impacted by the presence of another person’s assistance animal (e.g., respiratory disease, asthma, severe allergies). ODS will consider the needs of all persons involved on a case-by-case basis.
If the animal qualifies as an ESA, no deposit or fee will be charged for the animal.
Students with a disability who wish to reside with an ESA must submit a request to ODS. No animal will be allowed in campus housing until the authorization process is finalized. The process may take up to seven (7) business days. ODS will notify students by College District email regarding the status of their request, and, if approved, ODS will notify the Office of Housing and Residence Life.
The submission of an ESA authorization request does not allow a student to bring their animal into their residence. Unauthorized animals must be removed immediately and may result in disciplinary action. Approval of an ESA is not retroactive. Any disciplinary action accrued prior to approval will remain on the student’s record.
The ESA authorization requires the following documentation:
- A letter, on official letterhead, dated within the past 12 months from the student’s physician and/or licensed health care professional including:
- A statement that the provider knows the student and has personal knowledge of the individual (Tele-health assessments are recognized; documentation from online websites is generally not acceptable and is not recognized by HUD)
- A statement that the student has a disability; the letter does not need to include the specific disability diagnosis but must include:
- The dates of treatment and the date the diagnosis was first made
- The symptoms for which treatment is needed
- A statement that treatments other than use of an ESA have been used for symptom reduction
- The date on which the use of an ESA was prescribed
- A statement confirming the therapeutic need for the ESA as it relates to the student’s disability, including evidence of the connection between the diagnosis/symptoms and use of the ESA.
- A statement, on official letterhead, dated within the past 12 months from a licensed veterinarian stating the animal has all required vaccinations, is being consistently treated for fleas/ticks/heartworm, and is in general good health.
- Proof of current and preventative treatment plan for fleas/ticks/heartworms as required for the type of animal
- The statement must name the student as the owner of the ESA
- Information about the animal and the animal’s care, including:
- Name and age of the animal
- Physical description
- Height and weight
- Confirmation the animal is housebroken or confined such that housebreaking is not necessary (e.g., fish in a fishbowl)
- List of equipment for the care of the animal (crate, bed, etc.)
- A color photo of the animal
- If applicable, a Roommate Acknowledgment Form obtained from Housing and Residence Life is required each semester
If the request packet is incomplete or insufficient, the accommodation is not required to be granted unless the requester has had a reasonable opportunity to provide the necessary information. The student will be notified via College District email if additional information is needed.
The request for an ESA must be completed each academic year. Documentation must meet these requirements each academic year.
Emotional Support Animals may include dogs, cats, small birds, rabbits, hamsters, gerbils, other rodents, fish, turtles, and other small domesticated animals traditionally kept in the home for pleasure. Requests to keep a unique or uncommon type of animal must include substantial evidence of a disability-related therapeutic need for that specific animal.
Removal of an Emotional Support Animal
The College District may require removal of an ESA from the premises under the following circumstances:
- The ESA is out of control and the Owner does not take effective action to control it;
- The animal or its presence creates an unmanageable disturbance or interference with the College District community;
- The ESA is not housebroken;
- The Owner does not comply with these regulations;
- Admitting ESA would fundamentally alter the nature of the service or program;
- The animal poses a direct threat to the health or safety of others;
- The specific animal would cause substantial property damage that cannot be reduced or eliminated by reasonable accommodation.
Decisions to remove an ESA will be based on the actual behavior of the animal, not speculation or fear. Any removal will be in consultation with ODS. If immediate removal is required, the Owner will receive written notice via College District email and 24 hours to remove the animal. Owners have procedural and appeal rights as outlined in the ODS accommodation request process.
If no immediate threat exists, written notice of violation will be given via email. The Owner can submit a written action plan within two (2) business days to address the problem. The plan must be approved by Residence Hall Director and ODS staff. If the violation is not corrected, the plan not followed, or there is an immediate threat, the Owner will receive notice to remove the ESA within 24 hours. Noncompliance may result in disciplinary action, including housing contract cancellation.
If the ESA is removed, the Owner must fulfill housing obligations for the remainder of the housing contract. If the Owner does not take possession of the animal, the College District will attempt to contact the emergency contact. If unsuccessful, the College District will work with a local animal shelter to care for the animal at the Owner’s expense. The College District must inform the Owner of the location of the animal within 24 hours of removal. The Owner is responsible for all costs related to the ESA’s removal and care.
Penalties for Violating Service and Assistance Animal Laws
- Representing an untrained animal as a trained service animal is a misdemeanor punishable by a fine of not more than $300 and 30 hours of community service.
- Denying entry or service to a person with a disability who uses a service animal is a misdemeanor, also punishable by a fine of not more than $300 and 30 hours of community service.