Emotional Support Animals

Service Animals & Support Animals

Calhoun Community College recognizes the importance of Service Animals as defined by the Americans with Disabilities Act Amendments Act (ADAAA) and the broader category of Assistance Animals (“AA” or “ESA”) under the Fair Housing Act that provide physical and/or emotional support to individuals with disabilities.  Calhoun is committed to allowing individuals with disabilities the use of a Service Animal on campus to facilitate their full-participation and equal access to the College’s programs and activities. Calhoun is also committed to allowing Assistance Animals necessary to provide individuals with disabilities an equal opportunity to use and enjoy their residential experience at Calhoun. This Policy explains the specific requirements applicable to an individual’s use of a single Assistance Animal in Calhoun Community College’s residence halls. Calhoun reserves the right to amend this Policy as circumstances require. This policy applies solely to Assistance Animals which may be necessary in the College’s residential facilities. It does not apply to Service Animals as defined by the ADAAA.

Although it is the policy of Calhoun Community College that individuals are generally prohibited from having animals of any type in residential facilities, Calhoun will consider a request by an individual with a disability for reasonable accommodation from this prohibition to allow an Assistance Animal that is necessary because of a disability and reasonable. The question in determining if an Assistance Animal will be allowed in residential facilities is whether or not the Assistance Animal is necessary because of the individual’s disability to afford the individual an equal opportunity to use and enjoy their residential experience and its presence in the residence halls is reasonable. Assistance Animals may not be kept in the residence halls at any time prior to the individual receiving approval by The Center for Student Disability, Counseling, & Support Services as a reasonable accommodation pursuant to this Policy. 

Definitions

Service Animals

Service animals are permitted on the college campus and in its facilities. A service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing, providing minimal rescue or protection work, pulling a wheelchair, fetching dropped items or providing assistance with balance and stability. To be permitted on campus, a service animal must be specifically trained to perform a service function. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
Support Animals

Service animals are distinct from support animals (also known as “comfort animals” or “emotional support animals”). Support animals can be any type of animal, such as a dog, cat or rabbit. Support animals may be requested as an accommodation in housing units (e.g., residence halls) where the individual is a resident; however, public spaces such as dining halls, classrooms, museums, athletic facilities, etc., the handler is not permitted to bring the animal into the facility.
Handler/Owner

The handler/owner is the individual who has requested the accommodation and has received approval to bring a specific assistance animal into University housing.
Student Disability Services

The Center for Student Disability, Counseling, & Support Services (“SDS” or “Student Disability Services”) collaborates with individuals, faculty, and staff to ensure that individuals with disabilities have equal access to all Calhoun programs and activities.

Procedures for Requesting Emotional Support Animals in Residential Facilities

Calhoun Community College will require confirmation/documentation of the disability-related need for the specific emotional support animals the student intends to have in his/her room from a physician, psychiatrist, licensed social worker, or other licensed mental health professional. This documentation must include how the specific animal requested will provide some sort of disability-related assistance or emotional support. Students will be contacted with further instructions regarding Approval/Denial and in cases of approval, the ESA Intake Meeting with the Student Disability Services staff member in their Calhoun Community College e-mail. Copies of all signed documentation will also be provided to the student at the ESA Intake Meeting.

The procedure and requirements for requesting a specific emotional support animal are as follows: ESA Request Form, ESA Verification Form, and Handler Responsibilities and Guidelines Form.

ESA Animal Request Form

ESA Verification Form (coming soon)

Handler Responsibilities & Guidelines Form

Criteria for Determining if Presence of an Emotional Support Animal is Reasonable

Room & Hall Assignments

College housing is unique in several aspects, including the assignment of roommates for individuals and that individuals must share a room, suite, or apartment in certain residence halls. To ensure that the presence of an Emotional Support Animal is not an undue administrative burden or fundamental alteration of Residential Life, Calhoun Community College reserves the right to assign an individual with an Emotional Support Animal to a single room or apartment without a roommate. Calhoun will not limit room assignments for individuals with emotional support animals to any particular building or buildings because the individual needs an Emotional Support Animal because of a disability.

Unreasonable Requests

For all requests for emotional support animals, in consultation with Residential Life, Student Disability Services shall make a determination on a case-by-case basis of whether the presence of an Emotional Support Animal is reasonable. A consultation with Residential Life may also be appropriate in some cases.  A request for an Emotional Support Animal may be denied as unreasonable if the presence of the animal: 1) Imposes an undue financial and/or administrative burden; 2) Fundamentally alters Residential Life 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 College property.

Animal-related Factors

Calhoun may consider the following factors, among others, as evidence in determining whether the presence of the animal is reasonable or in the making of housing assignments for individuals with Emotional Support Animals: 1) The size of the animal is too large for available assigned housing space; 2) The animal’s presence would force another individual from individual housing (e.g. serious allergies); 3) The animal’s presence otherwise violates individuals’ rights to peace and quiet enjoyment; 4) The animal is not housebroken or is unable to live with others in a reasonable manner; 5) The animal’s vaccinations are not up-to-date; 6) 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; 7) The animal is pregnant, or 8) The animal causes, or has caused, excessive damage to housing beyond reasonable wear and tear.

Access to Residential Facilities by Emotional Support Animals 

An Emotional Support Animal must be contained within the privately assigned individual living accommodations (e.g., room, suite, apartment) except to the extent the individual is taking the animal out for natural relief. When an emotional support animal is outside the private individual living accommodations, it must be in an animal carrier or controlled by a leash or harness. If an individual with a disability establishes necessity for an Emotional Support Animal and it is allowed in College housing, the Emotional Support Animal will not be permitted in other areas of the College (e.g. dining facilities, libraries, academic buildings, athletic building and facilities, classrooms, labs, individual centers, etc.).

Not withstanding the restrictions set forth herein, the Emotional Support Animal must be properly housed and restrained or otherwise under the dominion and control of the handler at all times. No handler shall permit the animal to go loose or run at large. If an animal is found running at large, the animal is subject to capture and confinement and immediate removal from College housing.

Owner’s Responsibilities for the Emotional Support Animal

If the College grants an individual’s request to live with an emotional support animal, the handler is solely responsible for the custody and care of the emotional support animal and must meet the following requirements:

The handler is required to comply with existing city, county, and state ordinances, laws, and regulations regarding licensing, vaccinations, and other animal-related requirements. It is the handler’s duty to be familiar with and comprehend these ordinances, laws, and regulations. The College retains the authority to demand proof of adherence to these ordinances, laws, and regulations, which might involve a vaccination certificate. The College also holds the right to ask for documentation confirming the animal’s licensing status. Residence Life will verify all requested documentation concerning an emotional support animal request.
The handler must responsibly clean up and dispose of the animal’s waste in a safe and hygienic manner. When available, the handler should utilize animal relief areas designated by the College.
The College will not demand or necessitate that an individual with a disability pay any fee or additional charge for an approved emotional support animal.
The College will not ask for or require an individual with a disability to pay a fee or surcharge for an approved animal. 
An individual with a disability may incur charges for any damage caused by their emotional support animal that exceeds reasonable wear and tear, similar to charges levied on other individuals for damages beyond normal wear and tear. Additionally, the handler’s living quarters may undergo inspection for fleas, ticks, or other pests if deemed necessary as part of the College’s regular or routine inspections. If such pests are discovered during inspection, the residence will undergo treatment using approved fumigation methods by a pest control service approved by the university. The handler will be responsible for covering the costs of any pest treatment exceeding the standard pest management procedures conducted in University housing facilities. The College reserves the right to bill the individual’s account for any unfulfilled obligations under this provision.
The handler must ensure the animal’s well-being and proper grooming while residing in the residence hall. Residents are prohibited from using housing facilities such as showers, bathtubs, or sinks to clean their animals. Students must ensure their animals are clean, and any bathing or grooming activities should take place off-campus. Students must also maintain their animals to prevent other individuals from being unreasonably exposed to odors emanating from the animals.
The handler is required to collaborate fully with College personnel in adhering to the terms of this policy and in establishing procedures for the care of the animal, including tasks such as cleaning, feeding/watering, designating an outdoor relief area, and disposing of waste.
The handler agrees to abide by all equally applicable residential policies that are unrelated to the individual’s disability such as assuring that the animal does not unduly interfere with the routine activities of the residence or cause difficulties for individuals who reside there.
Emotional support animals cannot be left overnight in the Residence Hall under the care of anyone other than the handler. If the handler plans to be away from their residence hall overnight or for an extended period, the animal must accompany them. The handler is accountable for ensuring that the emotional support animal is appropriately contained when they are not present during the day for classes or other engagements. Additionally, the handler must designate an emergency contact residing outside of university housing and within a one-hour driving distance who can retrieve and look after the animal in case of an emergency.
The handler commits to adhering to all residential policies that are equally applicable and unrelated to the individual’s disability. This includes ensuring that the animal does not unreasonably disrupt the routine activities of the residence or cause inconvenience for fellow residents.
Residence Life and Calhoun Community College staff are not obligated to offer care or sustenance for any emotional support animal, which includes but is not limited to, relocating the animal during emergency evacuations such as fire alarms. It is the responsibility of emergency personnel to decide whether to relocate the animal, and they cannot be held liable for its care, the request for and presence of the emotional support animal with individuals who might be affected by its presence, including potential and/or current roommate(s)/neighbor(s). This disclosure will only pertain to information regarding the animal and will not include details related to the individual’s disability.

Removal of Support Animal

The College may require the individual to remove the animal from College housing if: 1) The animal poses a direct threat to the health or safety of others or causes substantial property damage to the property of others; 2) The animal’s presence results in a fundamental alteration of a College’s program; 3) The owner does not comply with the handler’s responsibilities set forth above; or 4) The animal or its presence creates an unmanageable disturbance or interference with the university community.

The College 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 by Residential Life in consultation with Student Disability Services and may be appealed to the Vice President of Student Services. The owner will be afforded the rights of due process and appeal.

Should the emotional support animal be removed from the premises for any reason, the handler will be allowed to appeal for release from the Residence Hall Contract.

Non-Retaliation Provision

Calhoun Community College will not retaliate against any person because that individual has requested or received a reasonable accommodation in College housing, including a request for an emotional support animal.