1. Emotional Support Animals and Campus Life: Rules and Regulations

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Definitions:
An Emotional Support Animal provides therapeutic companionship to individuals with psychiatric disabilities.
An ESA is NOT a Service Animal because it does not undergo specialized training to perform tasks for individuals with disabilities.

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Emotional Support Animals and the Law
Policies regarding ESAs must comply with the Fair Housing Act(Title VIII of the Civil Rights Act, 1968.
The Fair Housing Act (FHA) protects against discrimination in the sale or rental of dwellings, and other housing contracts, including on-campus residences.

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Relevant Case Law
United States v. Univ. of Neb. at Kearney (2013).
The plaintiff had an ESA to ease her anxiety attacks. Upon enrollment in college, UNK denied her the ability to bring her dog to campus, citing the no-pet policy.
The U.S., on behalf of the plaintiff sued UNK for violation of the Fair Housing Act.
UNK claimed that a residence hall did not count as a dwelling under the FHA.
The court disagreed, and ruled in favor of the plaintiff.

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Qualifying for an ESA at PSU
Individuals with a documented mental or psychiatric disability may qualify for an ESA.
Documentation must establish evidence of therapeutic support for the individual, beyond simple companionship.
Documentation must be provided by a licensed therapist or physician.

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Animal Guidelines
Any domesticated animal can be considered an ESA.
Any aged animal can be considered an ESA
Examples from our campus: Dogs, cats, and guinea pigs

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Animal Restrictions
Exotic or wild animals do not qualify as Emotional Support Animals
The animal must not pose a safety threat to community members
The animal must be housebroken

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Owner’s Responsibilities
The ESA must be under the owner’s supervision and control at all times.
The ESA must be contained in an enclosure when the owner is away from the residence.
The ESA must not infringe on other people’s space
The owner must remove ESA waste in an appropriate and timely manner.
The ESA MUST NOT accompany the owner to classes or campus events.

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Request Process at PSU
Student must provide documentation to the Disability Services office.
Documentation must state that the ESA would relieve one or more symptoms related to the student’s disability.
The ESA must be deemed necessary for student to use campus housing.

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Request Process, Continued
If documentation proves a student eligible, a letter of housing accommodations is drafted and sent to Residential Life.
Residential life assesses documentation regarding the animal’s health and confirms that living partners are acceptable with the ESA arrangement.
Once all documentation is on file, ESA is permitted to begin living in campus housing.
Residential life performs regular compliance checks to ensure animal is contained and cleaned up after.

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Discussion
What do you see as the advantages of allowing Emotional Support Animals on campus?
What are your concerns about allowing Emotional Support Animals on campus?
What questions do you still have?

12. References:
121 Cal. App. 4th 1578; 18 Cal. Rptr. 3d 669; 2004 Cal. App. LEXIS 1476; 2004 Cal. Daily Op. Service 8188; Daily Journal DAR Retrieved from
2014 U.S. Dist. LEXIS Retrieved from
Plymouth State University Emotional Support Animal Policy. Retrieved from
U.S. Department of Housing and Urban Development. Fair Housing Act. Retrieved from
Wisch, R.F. (2015). Summary of Cases Dealing with Emotional Support Animals. Retrieved from
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