residential accommodation policies including guidance ... · c. emotional support animals: esas are...

16
1 Residential Accommodation Policies including Guidance Relating to Service Animals, Emotional Support Animals, and Service Animals in Training 2019-2020 I. General Overview of Residential Accommodations, Including ESAs Policy Statement It is the policy of Florida Southern College to comply with the most recent interpretations of the law, including Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act as Amended by the ADA Amendments Act of 2008 (ADA), the Fair Housing Act (FHA), and other applicable federal and state regulations that prohibit discrimination on the basis of disability. Florida Southern College values diversity and is committed to ensuring equal access to the full range of college experiences, including safe and healthy housing, for all students with qualifying and documented disabilities. Accordingly, the college supports the availability of residential accommodations, including medically necessary single rooms, disability-related access accommodations (e.g., first floor rooms or access to an elevator), the presence of personal appliances and equipment in the campus residence, and Service and Emotional Support Animals (ESAs) to individuals with disabilities and has established the following policies and processes regarding Service Animals, ESAs, and Service Animals in Training. Florida Southern College reserves the right to amend this policy as circumstances require. NOTE: The process for requesting an ESA as an accommodation and does not apply to Service Animals. To learn more about having Service Animals in residence halls and across campus under the ADA, please see the designated information below and/or contact the Coordinator for Student Disability Services, and see also online guidance at http://www.flsouthern.edu/campus- resources/student-disability-services.aspx II. Requesting Reasonable Residential Accommodations including ESAs (excludes requests for Service Animals under the ADA). The Office for Student Disability Services (SDS) is responsible for evaluating whether to grant or deny residential disability accommodation requests. Decisions on whether or not residential accommodations are necessary and reasonable are made in collaboration with the Office of Community Living and other officers of the college, based on the college’s discretion. SDS will communicate final accommodation decisions. There is a process in place to appeal these decisions (please see end of document). The first step to obtaining residential accommodations is to self-identify as a person with a disability who is seeking residential accommodations to the SDS Coordinator by phone, in writing, or in person. The SDS Coordinator, Dr. Marcie Pospichal, can be reached at Carlisle

Upload: others

Post on 19-Jul-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

1

Residential Accommodation Policies including Guidance Relating to Service Animals, Emotional Support Animals, and Service Animals in Training

2019-2020

I. General Overview of Residential Accommodations, Including ESAs Policy Statement It is the policy of Florida Southern College to comply with the most recent interpretations of the law, including Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act as Amended by the ADA Amendments Act of 2008 (ADA), the Fair Housing Act (FHA), and other applicable federal and state regulations that prohibit discrimination on the basis of disability. Florida Southern College values diversity and is committed to ensuring equal access to the full range of college experiences, including safe and healthy housing, for all students with qualifying and documented disabilities. Accordingly, the college supports the availability of residential accommodations, including medically necessary single rooms, disability-related access accommodations (e.g., first floor rooms or access to an elevator), the presence of personal appliances and equipment in the campus residence, and Service and Emotional Support Animals (ESAs) to individuals with disabilities and has established the following policies and processes regarding Service Animals, ESAs, and Service Animals in Training. Florida Southern College reserves the right to amend this policy as circumstances require.

NOTE: The process for requesting an ESA as an accommodation and does not apply to Service Animals. To learn more about having Service Animals in residence halls and across campus under the ADA, please see the designated information below and/or contact the Coordinator for Student Disability Services, and see also online guidance at http://www.flsouthern.edu/campus-resources/student-disability-services.aspx

II. Requesting Reasonable Residential Accommodations including ESAs (excludes requests for Service Animals under the ADA).

The Office for Student Disability Services (SDS) is responsible for evaluating whether to grant or deny residential disability accommodation requests. Decisions on whether or not residential accommodations are necessary and reasonable are made in collaboration with the Office of Community Living and other officers of the college, based on the college’s discretion. SDS will communicate final accommodation decisions. There is a process in place to appeal these decisions (please see end of document). The first step to obtaining residential accommodations is to self-identify as a person with a disability who is seeking residential accommodations to the SDS Coordinator by phone, in writing, or in person. The SDS Coordinator, Dr. Marcie Pospichal, can be reached at Carlisle

Page 2: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

2

Rogers Bldg. room 120, tel: 863-680-4197, fax: 863-680-4195, email: [email protected]. An appointment with Dr. Pospichal can also be made through Ms. Lee Amundson at the Student Development Administrative Office (Carlisle Rogers Bldg., room 123; tel: 863-680-4206; email: [email protected]). In response to this request, SDS will begin an interactive process with the student to identify disability impacts, barriers to access to their college experience, and what kinds of accommodations could address these barriers. III. Documenting a Disability and Requesting Specific Housing Accommodations Following self-identification as a person with a disability who is seeking residential accommodations, students must obtain documentation from a reliable third party using the Guidance Form at the end of this document. The college generally limits its documentation requirements to include (1) verification that the student is a person with a disability, including identifying the substantial limitations and impacts on major life activities that must be mitigated due to the disability; (2) exactly how the accommodation being sought will address or alleviate these identified effects of the disability; and (3) how the accommodation is necessary to remove barriers to an equivalent residential experience and/or to provide the individual with equal opportunity to use and enjoy their college dwelling. Students with a readily apparent disability (e.g., the student is using a wheelchair for mobility and requires an accessible room) need only explain the type of accommodation being sought. No documentation of a disability or necessity is required under these circumstances. For other students, a reliable third party is someone who is familiar with the individual’s disability and the necessity for the requested accommodation. Generally, the college requires documentation from a third-party evaluator who practices in the State of Florida or in the student’s home state. As explained in the Guidance Form, the third party documentation will need to be on letter head with the evaluator’s licensing, certification, and other professional information.

If the reliable third party returns the Guidance Form without sufficient information for SDS to determine whether an accommodation is necessary and reasonable, the SDS Coordinator will continue the interactive process with the student. Barring exceptional circumstances, SDS will notify the student in writing within ten (10) working days after the receipt of both request and documentation that the student is verified as a person with a disability for which the requested accommodation is deemed necessary and reasonable or that SDS is requesting additional information, including speaking directly with the individual supplying the third-party verification. IV. Time Tables The individual requesting the accommodation must collaborate with SDS in a timely manner to provide necessary information. An accommodation may be requested at any time. The student should contact SDS as soon as possible before moving into college housing to make a formal request. However, because residential accommodations may impact the greater community and may require actions such as housing reallocation or modification or collaboration with roommates, if the individual makes the

Page 3: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

3

accommodation request fewer than 6 weeks prior to moving into college housing, FSC cannot guarantee that it will be able to meet the individual’s accommodation needs during the first term of occupancy. If the accommodation is requested when a student already resides in a campus dwelling, the college cannot guarantee it will be able to meet the accommodation needs during the semester in which it was received. If a student is verified as a person with a disability for whom identified residential accommodations have been approved, the college will notify the student in writing of the “next steps” or timetable of accommodation implementation. V. Reasonableness SDS shall consult with Community Living to determine if implementing a residential accommodation is reasonable. SDS may deny the requested accommodation if it is unreasonable. An accommodation may be deemed “not reasonable” if it (1) is not supported by the student-provided documentation; (2) imposes an undue financial and/or administrative burden; (3) fundamentally alters housing policies; (4) poses a direct threat to the health and safety of others or would cause substantial property damage to the property of others, including college property; and/or (5) is otherwise unreasonable to the operation of the college. In addition to the above examples, which apply to all residential accommodations including ESAs, the college reserves the right to limit approval of proposed ESAs for additional reasons, including:

1. The space needed for the animal is too large for available assigned housing space 2. The animal's presence otherwise violates individuals' right to peace and quiet enjoyment; 3. The animal is not housebroken or is unable to live with others in a reasonable manner; 4. The animal's vaccinations are not up-to-date or is not otherwise meeting the city, county, and state ordinances pertaining to licensing and other requirements for animals; 5. The animal cannot be vaccinated or otherwise treated to prevent the potential transmission of zoonotic diseases

Consequently, for ESAs to be considered “reasonable”: Although each animal is considered on a case-by-case basis, typically, each animal must meet the applicable “Animal Approval” requirements established by the college to be permitted in campus residences. Animals that are identified as invasive, protected, or endangered, or that require a permit under the Florida Fish and Wildlife Conservation, will not be permitted on campus. Generally, the presence of only one (1) ESA will be approved as reasonable for a student, in order to fulfill the intent of the FHA requirements in providing support to the student with a mental health or psychiatric disability.

Page 4: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

4

Very young dogs are usually not mature enough to be housebroken and may have other developmental issues incompatible with being pre-trained and under the Animal Handler’s control at all times before they enter a campus residence environment. Consequently, dogs must usually be at least 10 months of age, be housebroken, and have received their first rabies vaccination to be approved as “reasonable”. If particular accommodations are deemed unreasonable for an otherwise qualified student with a disability, SDS will continue the interactive process to explore alternative accommodations or adjustments that could provide an equivalent/reasonable outcome to student access. No accommodation shall be implemented, practiced, or physically brought into the student’s residence until the student receives approval in writing that this accommodation is reasonable and approved. Some examples include that ESAs and personal appliances requiring prior approval may not be in college housing until such approval has been issued in writing, and a student may not move from one room to another before receiving college authorization to do so. Section II: Animals on Campus DEFINITIONS

A. DISABILITY: According to the Americans with Disabilities Act, a disability is an

impairment that substantially limits one or more major life activities. Major life activities include, but are not limited to, seeing, hearing, walking, standing, lifting, sleeping, speaking, learning, reading, concentrating, thinking, communicating, experiencing emotional and mental healthiness, working, and major bodily functions.

B. SERVICE ANIMAL: A Service Animal is dog that has been individually trained to do work

or perform tasks for the benefit of an individual with a disability. In some cases a miniature horse may be permitted as a Service Animal but, presently, other animals do not qualify as such. Examples of the work or tasks Service Animals provide 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. Animals whose sole function is to provide comfort or emotional support do not qualify as Service Animals but are “ESAs” (see below).

DETERMINING THE STANDING OF A SERVICE ANIMAL: 2 PERMISSABLE QUESTIONS Members of the college community may make two inquiries only in order to determine if a dog (or, under special circumstances, a miniature horse) is a Service Animal, if the need for the animal is not readily apparent:

1. Is this an animal that is required because of your disability? 2. What work or tasks has the animal been trained to perform?

Page 5: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

5

The Animal Handler may not be asked about the nature of the disability, demonstration of the tasks the animal is trained to perform, or for certification of an animal’s Service Animal status. Even these two questions may not be asked if the need for the Service Animal is readily apparent (e.g., a dog guiding a person who is blind or vision-limited). If an animal’s presence in campus buildings or facilities is in question, FSC community members are directed contact the SDS office and allow them to make appropriate inquiries.

C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks for an individual with a disability and/or provide necessary emotional support to an individual with a mental health or psychiatric disability that alleviates one or more identified symptoms of a student’s disability, but which are not considered Service Animals under the ADA and Florida Southern College’s Service Animal Policy.

D. Approved ESAs: An animal that has been approved as a reasonable residential accommodation for a student with a mental health or psychiatric disability. An approved ESA must be contained in the Animal Handler’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.

E. SERVICE ANIMAL IN TRAINING: In the State of Florida, a Service Animal - while it is

engaged in training- and a Service Animal in Training Handle of such an animal- while the Handler is engaged in training- have the same rights as a fully trained Service Animal and a Service Animal Trainer has all the rights and responsibilities of a disabled student with a Service Animal. The Trainer will provide the college with evidence that the dog is a bona fide Service Dog candidate with an authorized Service Animal organization. The dog must be in good standing with the Training organization. A Service Animal in Training is not a pet.

F. PET: A “Pet” is an animal kept for ordinary use and companionship. Service Animals, ESAs, and Service Animals in Training are not pets. Residents are not permitted to keep pets, other than fish, on college property or in college housing.

G. ANIMAL HANDLER: An Animal Handler can be a person with a disability that a Service or

ESA assists, or a Service Animal Trainer. An Animal Handler may also be a Personal Assistant who handles the animal for the disabled person.

The steps for animal approval are outlined in the Guidance Document that can be obtained in the main office in SDS office or online at

http://www.flsouthern.edu/campus-resources/student-disability-services.aspx

Page 6: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

6

GENERAL “ANIMALS ON CAMPUS” INFORMATION With the exception of Service Animals as defined by the ADA, no animal may be kept in FSC housing at any time prior to the individual receiving approval, in writing, from the Coordinator of the Office of Student Disability Services or the Assistant Dean for Community Living to do so. Until animals are approved as ESAs or Service Animals in Training through Student Disability Services, these animals will be considered “pets”. Students may not have ESAs or Service Animals in Training in campus residences or other buildings until the approval process is completed through SDS. Students will be subject to any and all standard accountability outcomes for having non-approved animals on campus and in community living spaces. Animal accommodations cannot be retroactively applied to appeal pet violations. Information on Service Animals on campus is immediately below.

A student who knowingly and willfully misrepresents herself or himself, through conduct or verbal or written notice, as using a Service Animal or as being qualified to use a Service Animal or be a Service Animal Trainer commits a misdemeanor of the second degree under Florida law. Similarly, a student who knowingly and willfully misrepresents himself or herself through conduct or verbal or written notice, as using an ESA or being qualified to use an ESA as an accommodation for a disability is subject to sanctions under the Florida Southern College student conduct process.

Animals on Campus: Service Animals

The college policy on the presence of Service Animals on campus and in the residence halls is aligned with the Americans with Disabilities Act (ADA). Service Animals may travel freely with their owner throughout most areas of campus and community living spaces although there may be individual exceptions in places where the presence of the animal may compromise a sterile environment. Access to restricted areas may be granted on a case-by- case basis by contacting SDS and the appropriate department representative. These units will work together to develop a reasonable plan of action. Service Animals and their Handlers will be held to certain requirements applicable to all animals on campus (please see “All Animals” policies, below) with some appropriate modifications. For example, under the ADA, Service Animals must be harnessed, leashed, or tethered unless these devices interfere with the Service Animal’s work or the individual’s disability prevents them from using these devices. In that case, the individual must maintain control through voice, signal, or other effective controls. Additionally, students with Service Animals must complete the Animal Approval Process (see Animal Approval below) to keep a Service Animal in college housing or for the animal to have access to other campus areas. Completing the Animal Approval Process will ensure the Service Animal meets healthy animal standards, including licensing and vaccinations required by Polk County, FL.

Page 7: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

7

Service Animals in the classroom: Students who require the assistance of a Service Animal in the classroom are invited to voluntarily notify SDS. Documentation is not required to have a Service Animal in the classroom; however, by registering a Service Animal in advance for classroom experiences, students will be able to:

Document their need for appropriate academic accommodations

Receive a letter of accommodation for their instructors at the beginning of each semester

Have the opportunity to tour specialized classroom facilities, such as laboratories, with the professor to determine how to safely accommodate the Service Animal in those spaces

Additionally, an interactive, personalized conversation between the student and the Coordinator of SDS could include (at the student’s discretion) the history of diagnosed disabilities and accommodations, student goals and concerns, and ways the college and the student can form a supportive partnership.

Service Animals in Community Living spaces: If the Animal Handler is planning to have a Service Animal in college housing, they will need to provide sufficient notice of this intent so the college can make appropriate arrangements for the animal’s arrival and residency. The College will enter into an interactive process with the student to address animal placement in the residence halls, roommate agreements, and final contract processes While students requesting the accommodation of a Service Animal in campus housing are not required to provide documentation of disability or certification of the dog as a Service Animal, students may be asked to answer two questions relevant to Service Animals:

(1) Is the animal required because of your disability?

(2) What work or task is the animal trained to perform?

SDS and the Office of Community Living will review the housing being sought and then will arrange a meeting with the student to discuss the rights and responsibilities associated with having a Service Animal on campus, the student’s roommate(s) or suitemate(s) will be notified (if applicable) to inform them that the approved Service Animal will be residing in shared assigned living space and the college will seek agreement from the roommates to cohabitate with the Service Animal. Other offices that “need to know” about the presence of a Service Animal could include Facilities and the office of Campus Safety.

Animals on Campus: ESAs

Documentation requirements for ESAs: Relevant documentation of the need for an ESA in residential housing follows the SDS criteria for Residential Accommodations found on pages 2-3 and the associated Guidance Form can be obtained as described. Briefly, documentation should generally include the following information:

An interactive and personalized conversation between the student and the

Page 8: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

8

Coordinator of Student Disability Services including whether the person making the request has a disability, the history of diagnosed disabilities and accommodations, whether the person seeking an ESA has a disability-related need for the ESA in their college residence, student goals and concerns, and ways the college and the student can form a supportive partnership.

When it is not readily apparent that a person seeking an accommodation has a disability or a disability-related need for an ESA, the college may ask the person seeking the accommodation to submit reliable third party documentation of a mental health or psychiatric disability and the disability-related need to have an ESA in their college residence. As described in the associated Guidance Form, this should include:

On letterhead, a document from a reliable third-party licensed evaluator that clearly identifies the existence a mental health or psychiatric diagnosis with a substantial impact on specific major life activities that rise to the level of a disability

Description of why an ESA is being requested as an accommodation for the disability and exactly how these accommodations will address/alleviate one or more of the identified symptoms or effects of the disability. There must be a point-to-point relationship or nexus between the disability impacts and the ESA.

Statement of how the need of the ESA relates to the ability of the student to use and enjoy the dwelling provided by the college.

The Counseling Center is available to assist with problems related to anxiety and other mental health issues. The Student Health Center offers Acute Care Services. Neither office administers the assessments/evaluations required for documenting disabilities, whether for mental health, learning disabilities, medical conditions or other major life activities. The ESA Guidance Document can be obtained at the SDS main office in Rogers 123 or online at:

http://www.flsouthern.edu/campus-resources/student-disability-services.aspx

ESAs on campus: ESAs must be contained within the Animal Handler’s assigned residential area (room, suite, or apartment), except when transported outside the residential area in an animal carrier or controlled by leash or harness for natural relief purposes. The animal may be permitted in other facilities on campus only with written permission of SDS. Upon approval of an ESA, over a Consent Waiver signed by the Animal Handler, Community Living, Campus Safety and other employees who will need to know to expect the presence of the animal will be notified. The student will receive a written email of animal approval and, upon receiving that notice, may bring the ESA to the residence.

ESAs in Community Living spaces: A student requesting keeping an ESA as a disability accommodation in college housing must make a formal request to SDS.

After the Student Disability office determines that an ESA is a reasonable accommodation for a documented disability and the ESA has been approved (see Animal Approval, below), the college will continue the interactive process with the student to complete the final contract requirements. Upon approval of an ESA and the signing of a Consent Waiver, the student’s

Page 9: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

9

roommate(s) or suitemate(s) will be notified (if applicable) to inform them that the ESA has been approved to reside in shared assigned living space and the college will seek agreement to cohabitate with the animal from the roommates. Other offices such as Facilities, Campus Safety, and the Office of Accountability, and other appropriate offices will be notified of the ESA’s approval as well.

Animals on Campus: Service Animals in Training In the State of Florida (statute 413), a Service Animal - while it is engaged in training- and a Service Animal in Training Handler of such an animal- while the Handler is engaged in training- have the same rights as a fully trained Service Animal and a Service Animal Trainer has all the rights and responsibilities of a disabled student with a Service Animal. The Trainer will provide the college with evidence that the dog is a bona fide Service Dog candidate with an authorized Service Animal organization. The dog must be in good standing with the Training organization. A Service Animal in Training is not a pet. As with students having Service Animals and ESAs, Service Animal Trainers accept full liability for damages or injuries to others caused by the Approved Animal, are responsible for the health and well-being of the animal, must have control of the animal at all times, may not allow the animal to be a nuisance or disruption to the greater community, and are bound by all other policies for Approved Animals. Section III. ANIMAL HANDLER RESPONSIBILITIES (applies to Handlers of Service Animals, ESAs, and Service Animals in Training)

In Community Living spaces:

The Handler is responsible for assuring that the Approved Animal does not unduly interfere with the routine activities of the residence or cause difficulties for students who reside there.

The Approved Animal must be properly crated in the residence hall room if the Handler is not with the animal. This will facilitate timely responses of Facilities Maintenance to work orders and will ensure quick access to the room by emergency personnel, if necessary, in the absence of the Handler.

The Handler is financially responsible for any cleaning needed or damage caused by his/her Approved Animal beyond standard cleaning and reasonable wear and tear, to the same extent that it charges other individuals for such cleaning and damages. As s true for all residential students, the college practices ongoing oversight of residential maintenance and safety throughout the school year and such charges could arise during the school year or after the student and animal vacate the residence. The college shall have the right to bill the student account of the Approved Animal owner for unmet obligations.

The Animal Handler’s living accommodations may also be inspected for fleas, ticks, and other pests. If fleas, ticks, or other pests are detected through inspection, the residence will be treated using approved fumigation methods by a college-approved pest control service. The Animal Handler will be billed for the expense of any pest treatment above and beyond standard pest management in the residence halls. The college shall have the right to bill the student account of the Approved Animal owner for unmet obligations under this provision.

Page 10: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

10

The Handler's residence may also be inspected for other reasons, including concern about the Approved Animal’s well-being.

Students are required to submit to the Office of Student Disability Services documentation of liability annually, including coverage for the Approved Animal, no later than August 10 of a given year. This applies to students who have previously-approved animals as well as those seeking approval for the upcoming semester. For Service Animals in Training, if the sponsoring agency provides liability insurance against damage the dog may cause, please submit that documentation to SDS.

Approved Animals may not be left unattended for a prolonged period of time (generally no more than 8 hours) and may not be left overnight in housing to be cared for by another student. Animals must be taken with the student if they leave campus overnight or for a more prolonged period of time, or the Handler must make other arrangements for the Approved Animal’s care (e.g., boarding). During college holidays and breaks, animals are expected to be housed off-campus. For more information see “Holidays” and “Hospitalization”, below.

Because of the need for secondary animal care, each Animal Handler must provide the name, address, phone number 1, and alternate phone number 2 for an Emergency Contact- a party who does not reside on campus but who is close enough to take over the care of the animal within 12 hours, in case of emergency (e.g., hospitalization) or a student’s departure from campus.

FSC personnel are not required to provide care or food for any Approved Animal, including but not limited to removing the animal during an emergency evacuation for events such as a fire alarm.

Community Living has the ability to relocate the Handler and Approved Animal as necessary according to current contractual agreements.

The Handler must notify Student Disability Services in writing within 48 hours if the Approved Animal is no longer needed or is no longer in residence. To replace an Approved Animal, the owner must file a new Animal Approval request.

Animal maintenance and control requirements:

Care and supervision of the animal are the responsibility of the individual who benefits from the Approved Animal's use. The Handler is required to maintain control of the animal at all times.

When the Approved Animal is outside the owner’s residential space, the Approved Animal must be kept on a leash or in a carrier unless doing so prevents the Approved Animal from rendering accommodation assistance.

The Handler is responsible for ensuring the cleanup of the animal's waste and, when appropriate, must toilet the animal in areas designated by the college consistent with the reasonable capacity of the owner. Waste must be placed in a sturdy plastic bag and securely tied up before being disposed of in outside trash dumpsters. It is not to be disposed of into inside trash receptacles or into the college’s plumbing/rest room systems.

The Handler must ensure that the Approved Animal does not disrupt classroom learning, social events, or other activities that are the right of all Florida Southern college students.

Page 11: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

11

Animals on Campus: Conflicting Disabilities

Students, faculty, or staff with medical condition(s) that are affected by animals (e.g., documented respiratory diseases, asthma, severe allergies, or animal phobias) are asked to contact Student Disability Services if they have a health or safety-related concern about exposure to a Service Animals, ESAs, or Service Animals in Training. The college is prepared to reasonably accommodate individuals who require accommodations due to proximity to Approved Animals. The person will be asked to provide the college with verifiable medical documentation of the disability. The college will resolve any conflict in a timely manner. Student Disability Services will consider the needs and/or accommodations of all persons involved. Student Disability Services will work collaboratively with Community Living and may use the Student Health Center or Counseling Center as resources for information on health issues. In the event that an agreement cannot be reached, Student Disability Services will make a final decision. The decision can be appealed as described below.

Animals on Campus: Emergency-on-Campus Situations

In the event of a campus emergency, emergency responders will be trained to be aware that Service Animals, ESAs, and Service Animals in Training may try to communicate the need for help. The animal may become disoriented from the smell of smoke in a fire or laboratory emergency, from sirens or wind noise, or from shaking and moving ground. The Animal Handler or animal may be confused due to the stressful situation. The emergency responders will be made aware that the animal is trying to be protective and, in its confusion, is not to automatically be considered harmful. The responders will make every effort to keep the animal with its Handler. This is particularly true for Animal Handlers of Service Animals where the animal’s proximity to the Handler may be necessary for the Handler’s safety and well-being. However, the responders’ first efforts likely will be toward the Handler. This may necessitate leaving the animal behind in certain emergency evacuation situations.

Animals on Campus: Student Illness and Hospitalization Every student with an Approved Animal should develop an Emergency Response Plan to ensure the care of their animals care in case illness or injury should prevent you from meeting your animal care responsibilities. This includes arranging for an Emergency Contact to provide the animal’s care or transporting the animal to a veterinarian or other animal boarding facility. This could be a nearby relative or an off-campus friend. Roommates cannot be made responsible for the care of another student’s Approved Animal. The college will keep this contact on record but it is generally the student’s responsibility to arrange for emergency contact and animal care. If the emergency contact cannot be reached or declines to assist, the college may release the animal to an animal shelter.

Animals on Campus: College Holidays and Breaks During a college holiday or break in which the Animal Handler will be away from campus (Fall Break, Winter/Christmas Break, Spring Break, Summer Break), it is expected the Animal Handler will remove the animal from campus. There is no exception to this rule and Animal Handlers found in non-compliance will be subject to disciplinary action through the Office of Accountability. If animal is abandoned at college, the college may release the animal to an animal shelter.

Page 12: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

12

Animals on Campus: Animal Behavior Situations Animal Handlers are responsible for the healthy upkeep and safety of their animals. One way to promote animal safety is by keeping them under the Handler’s control at all times. Animal injuries that result from a Hander’s failure to maintain control of the animal will be the responsibility of the Animal Handler.

Similarly, in cases where the Animal Handler’s animal is seen to be an immediate threat to other persons or animals, the college may deem it necessary to contact Polk County Animal Control and have the animal removed from campus.

Animals repeatedly out of the Handler’s control (see Animal Handler Responsibilities, below) may be permanently removed from campus. All liability for the actions of animals (bites, scratches, property damage, etc.) is the responsibility of the Animal Handler. Consequently all Animal Handlers must have proof of liability insurance that covers themselves as college residents and the actions of their animals.

Section IV. ANIMAL APPROVAL: DOCUMENTING ANIMAL HEALTH AND WELL-BEING In order for a Service Animal, ESA, or Service Animal in Training to become an Approved Animal, the following must be established and maintained on a yearly basis.

1. Health certificate from a veterinarian 2. Record of rabies vaccine as appropriate 3. Proof of flea maintenance/control 4. License certificate and tags (usually through the Polk County Sheriff’s Office) 5. Photo of the animal (full body) 6. Proof of ownership by student or family/guardian 7. EMERGENCY CONTACT: The name, address, phone number 1, and alternate phone number

2 for an Emergency Contact- a party who does not reside on campus but who is close enough to take over the care of the animal within 12 hours, in case of emergency (e.g., hospitalization) or a student’s departure from campus.

8. Proof of liability insurance (e.g., renter’s insurance or other coverage) that will cover the student and its animal while living in a college residence.

9. If you are adopting an animal from the Lakeland, Florida SPCA, SDS will need to provide you with a letter affirming that you have been approved for an ESA to reside in your residence hall

10. Student Disability Services evaluates each proposed animal on a case-by-case basis for approval to reside on campus. The college may place other reasonable conditions or restrictions on the animal depending on the nature and characteristics of the animal and the residence.

Section VI: NOTICE TO CAMPUS COMMUNITY

Page 13: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

13

A. Notice to course instructors of Service Animal in the classroom: Classroom instructors will be made aware of the presence of a Service Animal or Service Animal in Training in the classroom by a letter drafted by Student Disability Services.

C. Notice to Community Members of Service Animal, ESA, or Service Animal in Training in residential spaces: In addition to signing this Residential Accommodations Policy, the Animal Handler will be asked to sign a Consent Waiver so SDS can disclose to others impacted by the presence of the ESA. For example, the Community Living staff will be made aware of the presence of Approved Animals in the specific building in which they live. Student seeking Approved Animals will be required to sign a Consent Form so that their roommates, Community Living, Campus Safety, Office of Accountability, and other need-to-know individuals can be notified of the presence of an Approved Animal. Roommates and suitemates of the student with an Approved Animal will be notified and will sign an agreement to cohabitate with the animal with SDS. Other members of the local community may notice the ESA or Service Animal and the Animal Handler will agree that the Community Living staff may acknowledge the presence of the animal and explain that, under certain circumstances, animals are permitted for persons with disabilities. Section VII: REMOVAL OF APPROVED ANIMAL

Florida Southern College may exclude/remove an Approved Animal when:

The animal poses a direct threat to the health or safety of others or causes substantial property damage to the property of others, including college property;

The animal’s presence results in a fundamental alteration of a college program;

The Animal Handler does not comply with the Animal Handler’s Responsibilities set forth above; or

The animal or its presence creates an unmanageable disturbance or interference with the college community.

Section VIII: APPEALS PROCESS

Students whose request for an ESA or deference to a conflicting health condition is not granted have the right to appeal such decisions in writing. Please submit an appeal in writing to Dr. Susan Freeman, Associate Provost for Student Success, 863-680-4900, [email protected] within 10 working days of the disputed decision. More information about such appeals can be found online at http://www.flsouthern.edu/campus-resources/student-disability-services.aspx

Page 14: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

14

APPROVED SERVICE ANIMAL, ESA OR SERVICE ANIMAL REGISTRATION FORM *By my signature below, I verify that I have read, understand and will abide by the applicable Service Animal, ESA and Service Animal in Training Policies. These rules and expectations have been presented to me on this date, and I understand that if this agreement is violated I may be subject to charges under the Student Handbook.

Student Signature ID# Date

CONTACT INFORMATION

Student Disability Services; Dr. Marcie Pospichal, Associate Vice President for Student Support Rogers 120; tel: 863-680-4197; fax: 863-680-4195; email: [email protected]

Community Living; Laura Rychalsky, Senior Director for Community Living, Rogers 2nd

Floor; tel: 863-680-4209; email: [email protected]

Non-Retaliation Provision: Florida Southern College will not retaliate against any student because that individual has requested or received disability accommodations in the college classroom, college programs or activities, or college housing or has appealed the college’s decision about such accommodations.

ANIMAL HANDLER FORM AND EMERGENCY CONTACT

Page 15: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

15

Handler’s Name:

Handler’s ID #:

Handler’s Address or On-Campus Building/Room #:

Handler’s Phone #:

Handler’s E-mail Address:

Animal’s Name:

Type of Animal: (Service; Assistance; Service in Training)

Species and Breed of Animal

Physical Description of Animal:

EMERGENCY ANIMAL CARE C0NTACT: Name:

Address:

Phone # 1:

Phone # 2:

E-mail Address:

Animal’s Name and Species: Animal Approved for Residential Living _________ Name of FSC Official Date

ROOMMATE/SUITEMATE AGREEMENT TO COHABITATE WITH SERVICE ANIMAL,

Page 16: Residential Accommodation Policies including Guidance ... · C. Emotional Support Animals: ESAs are a category of animals that may work, provide assistance, or perform physical tasks

16

ESA, OR SERVICE ANIMAL IN TRAINING IN SHARED LIVING SPACE

By my signature below, I understand that I will share the common areas of my assigned residential space with the animal approved by this agreement. I am not to touch, pet or feed the Approved Animal unless invited to do so. I am not to inquire about the owner’s disability. The care of the animal is the responsibility of the Animal’s Handler alone. Should I have concerns regarding the animal, I will discuss my concerns with the Approved Animal’s Handler. If we cannot come to an agreement, I will contact Student Disability Services and The Office of Community Living.

ANIMAL HANDLER’S NAME

SEMESTER AND YEAR

RESIDENT’S NAME RESIDENT’S SIGNATURE BLDG/ROOM # DATE