Eastern Mennonite University recognizes the importance of:
- "Service Animals" as defined by the Americans with Disabilities Act Amendments Act (ADAAA), and
- the broader category of "Assistance Animals" under the Fair Housing Act, that provide physical and/or emotional support to individuals with disabilities.
EMU is committed to allowing individuals with disabilities the use of a Service Animal on campus to facilitate their full participation and equal access to EMU's programs and activities.
EMU is also committed to allowing Assistance Animals necessary to provide individuals with disabilities equal opportunity to use and enjoy campus housing.
This Policy explains the specific requirements applicable to a student's use of an Assistance Animal in University housing. EMU reserves the right to amend this Policy as circumstances require. This policy applies solely to "Assistance Animals" which may be necessary in campus housing. It does not apply to "Service Animals" as defined by the ADAAA.
Although it is the policy of EMU that students are generally prohibited from having animals of any type other than fish in campus housing, EMU will consider a request by an individual with a disability for reasonable accommodation from this prohibition to allow an Emotional Support Animal that is necessary because of a disability, and reasonable. However, no Emotional Support Animal may be kept in campus housing at any time prior to the individual receiving approval as a reasonable accommodation under this Policy.
I. Definitions
A. Emotional Support Animals (ESA) are a category of animals that provide necessary emotional support to an individual with a mental, emotional or psychiatric disability that alleviates one or more identified symptoms of an individual's disability, but which are not considered Service Animals under the ADAAA and EMU's Service Animal Policy. Some ESAs are professionally trained, but others provide the necessary support to individuals with disabilities without any formal training or certification. Dogs are commonly used as ESAs, but any animal may serve a person with a disability as an ESA. (A number of other names are used for emotional support animals, including companion animal, comfort animal, and therapy animal.)
The question in determining if an Emotional Support Animal will be allowed in campus housing is whether or not the ESA is necessary, because of the individual's disability, to afford that individual an equal opportunity to use and enjoy campus housing and its presence in campus housing is reasonable. However, even if the individual with a disability establishes necessity for an ESA and it is allowed in campus housing, an ESA is not permitted inside other buildings of the campus or in the common areas of the Residence Halls.
B. The Owner is the individual who has requested the accommodation and has received approval to bring an Emotional Support Animal into campus housing.
C. The Office of Academic Access (OAA) within the Academic Success Center (ASC) provides disability services for students and collaborates with individuals, faculty, and staff to ensure that individuals with disabilities have equal access to all EMU programs and activities.
D. Residence Life - provides oversight and direction for campus housing facilities: ensuring student safety, providing reasonable accommodations & amenities, and governance of campus policies and community standards within the residence halls.
II. Procedures for Requesting an Emotional Support Animal in Campus Housing
The procedure for requesting an ESA follows the general procedures for receiving Reasonable Accommodation for students with disabilities and the requirements set forth below. See the last page of this policy for the specific request process.
Ill. Criteria for Determining If Presence of the Emotional Support Animal is Reasonable
A. Campus 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 ESAs is not an undue administrative burden or fundamental alteration of campus housing, EMU reserves the right to assign an individual with an ESA to a single room without a roommate.
B. However, for all requests for ESAs, the OAA and Residence Life will make 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 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.