ËÄÉ«AV

According to University policy, animals, including pets of any kind (excepting fish in small tanks of five (5) gallons or less) are not permitted on University of New Haven campuses or in university housing facilities with the exception of Service Animals.

However, the University is committed to providing access to its programs and services, as such, the University permits qualified students with disabilities to have an Emotional Support Animal (hereafter referred to as an ESA) as a reasonable accommodation in university residence halls. An ESA will be permitted to live in a student’s personal residence provided it is in compliance with the University's policies regarding such animals.

ËÄÉ«AV of New Haven will accept and consider requests for reasonable accommodation in University housing at any time; however, requests for Modified Housing are reviewed on a monthly basis. Individuals wishing to make a request for an ESA accommodation should complete the Modified Housing application including the Disability Verification Form (ESAs) and submit it to the Accessibility Resources Center as soon as practicably possible before moving into University housing. However, if the request for accommodation is not made by the stated monthly deadlines or is made fewer than 60 days before the individual intends to move into University housing, the University of New Haven cannot guarantee that it will be able to meet the individual’s accommodation needs during the first semester or term of occupancy.

If the need for the ESA accommodation arises when an individual already resides in University housing, the student should contact the Accessibility Resources Center and complete the Modified Housing application as soon as is reasonably possible. ËÄÉ«AV cannot guarantee that it will be able to meet the accommodation need during the semester or term in which the request is received.

Definitions

Emotional Support Animal. Emotional Support Animals (ESAs) are animals that provide emotional support which alleviates one or more identified symptoms or effects of an individual’s existing disability. To be considered an accommodation, an ESA must be required by an individual with a disability, in their residence, in order for the individual to have an equal opportunity to use and enjoy their residence/dwelling.

Dangerous, poisonous, illegal, or any other animals that pose a direct threat to the health and/or safety of the campus community will not be permitted as ESAs. Size restrictions may also apply. Animals whose sole function is to provide comfort or emotional support are Emotional Support Animals, not Service Animals. This policy does not apply to Service Animals on campus. For policies applicable to Service Animals, consult the University of New Haven Guidelines for Service Animals on Campus found in the student handbook.

Approved ESA. Approved Emotional Support Animals (ESAs) are animals that have been permitted in designated areas of student housing as a reasonable accommodation under this policy.

Dangerous, poisonous, illegal, or any other animals that pose a direct threat to the health and/or safety of the campus community will not be permitted as ESAs. Size restrictions may also apply. Animals whose sole function is to provide comfort or emotional support are Emotional Support Animals, not Service Animals. This policy does not apply to Service Animals on campus. For policies applicable to Service Animals, consult the University of New Haven Guidelines for Service Animals on Campus found in the student handbook.

Pet. A pet is an animal kept for ordinary use and companionship. A pet is not considered an Emotional Support Animal nor a Service Animal. Individuals are not permitted to keep or bring pets on university property or in university housing except as stated above.

Owner. The Owner is the resident student who has an approved Emotional Support Animal (ESA) in university housing under this policy.

University Housing. Any facility owned or operated by the University for the purpose of housing residential students, whether leased or owned.

Emotional Support Animal Application and Approval Process

A student seeking to keep an ESA in university housing must make a formal request through Accessibility Resources Center. To do so,students must complete and submit a Request for Modifications to Housing – ESA application including appropriate documentation from a qualified professional provider. This Request must be submitted to the Accessibility Resources Center by the stated deadlines (the first of the month in which a committee meeting will be held), and not less than 60 days before the student intends to move onto campus. Documentation submitted to the Accessibility Resources Center must be recent, must be from a reliable third party who is a qualified professional with whom the student has an established therapeutic relationship (treating physician, psychiatrist, psychologist, social worker or other mental health or healthcare professional). The qualified professional must not be a family member, and must be from the state of the student’s residence or from the state of the University’s campus the student attends. Documentation must include a statement identifying a diagnosed mental health disability and the reason (for what functional limitation) the ESA is required. There must be an identifiable and clearly established relationship between the individual's disability and the assistance the animal provides.

If the third party/qualified professional returns the Disability Verification Form without sufficient information for the 504/ADA/FHA Committee to determine whether an accommodation is necessary, the Accessibility Resources Center will inform the individual of the verification’s insufficiency and may request additional information, including speaking directly with the individual supplying the third-party verification of disability.

Once an application for Modified Housing has been received, it will be reviewed at a regularly scheduled meeting of the 504/ADA/FHA Committee for approval or denial. Generally, the presence of only one ESA will be approved for a student, in order to fulfill the intent of the FHA requirements in providing support to the student with a disability affecting mental health. The 504/ADA/FHA Committee will consider any and all relevant city, state, and local ordinances when approving or denying any ESA request. ËÄÉ«AV may consider the following factors, among others, as evidence in determining whether the presence of the animal is reasonable, renewing requests, or in determining 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' right 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 safety or health of the individual or others such as aggressive behavior towards or injuring the individual or others, potential transmission of zoonotic diseases; or
7. The animal causes or has caused excessive damage to housing beyond reasonable wear and tear;
8. There is already an approved ESA in your assigned housing space (suite, room or apartment). (Only one approved ESA per housing space will be permitted)

Once the 504/ADA/FHA Committee has reviewed the request, the student will be notified of the Committee’s decision in writing. After notification of approval, the student is required to meet with the Accessibilty Services Coordinator in ARC to discuss and determine an appropriate approved animal. In the event that one or more prospective roommates or suitemates do not approve, or have a health or safety related concern regarding exposure to the Approved ESA, general university policies regarding roommate or suitemate disagreements will be followed to enable either the Owner and the Approved ESA or the non-approving roommate(s) or suitemate(s) to be moved to a different location. Written acknowledgement from a parent is required for roommates or suitemates under age 18. The Accessibilty Resources Center and Office of Residence Life and Housing staff will collaborate, as necessary, to resolve conflicts related to an Approved ESA. Staff members will consider the needs and/or accommodations of all resident students involved.

The student with an approved ESA must complete an ESA Registration form including a clear photo of the student and animal, must meet with the Accessibility Services Coordinator to review and sign this Policy for ESAs in Residential Housing and any policy addendums. Students must submit appropriate documentation of the animal’s vaccinations and/or health. Copies of the animal’s registration form and health documents will be kept on file in the Accessibility Resources Center, the Office of Residential Life and Housing, University Police, and the Facilities Department.

While applications submitted after stated Modified Housing deadlines may be accepted, they will not be reviewed until the next scheduled meeting of the 504/ADA/FHA Committee. Late applicants risk delay or possible denial of their requested accommodation; given the high demand for University housing it is unlikely the the University will have sufficient vacancies to accommodate late applicants. Any approval under this policy is valid for one academic year. Students must notify the Accessibilty Resources Center of their desire to continue utilizing this accommodation for each subsequent year by completing form by the February 3 deadline.

The requesting student may grieve denial of an ESA accommodation in accordance with the grievance policy contained in this policy.

No proposed ESA may be kept in University housing at any time prior to the individual receiving approval as a reasonable accommodation pursuant to this Policy. Any student found to have an animal on campus prior to it being approved as an ESA is in violation of the University’s Conduct Policy and will receive a minimum of a written warning and will be required to remove tha animal from campus immediately. Subsequent violations will be adjudicated as Code of Conduct violations.

Office of Residential Life & Housing Notifications

Resident students with medical coniditions who may be affected by an Approved ESA (e.g., respiratory diseases, asthma, severe allergies) may inform the Office of Residential Life of their concerns. The Accessibilty Resources Center and Office of Residence Life and Housing staff will collaborate, as necessary, to resolve conflicts related to an Approved ESA. Staff members will consider the needs and/or accommodations of all resident students involved.

All roommate(s) or suitemates of a student who has an approved ESA must sign an agreement to live in residence with the ESA.

Owner’s Responsibilities for Approved ESAs in University Housing

The Owner must comply with the following provisions regarding behavior and care of Approved ESAs:

Vaccination. In accordance with local ordinances and regulations, the Approved ESA must receive all required and/or recommended immunizations against diseases. Local licensing requirements must be followed. ËÄÉ«AV may request an updated verification regarding an Approved ESA’s vaccinations at any time during the ESA’s residency, but verification will at a minimum be required at the start of each year the animal is in residence.

Health. Approved ESAs must be in good health as documented annually by a licensed veterinarian. ËÄÉ«AV has authority to direct that the Approved ESA receive veterinary attention in appropriate circumstances.

Control. The Owner must be in full control of the Approved ESA at all times. No Owner 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 University housing. The ESA must remain in the Owner’s residence hall room/suite at all times and be on a leash, harness, or other tether, or in an appropriate crate when being transported to and from the student’s residence hall room. The ESA must remain within the confines of the Owner’s residence hall room/suite except for transport or natural relief.

Cleanliness. It is the Owner’s responsibility to remove and properly dispose of the Approved ESA’s waste (e.g. urine, excrement, fur, cage shavings, etc.), which must be placed in a sturdy plastic bag before disposal, and must be disposed of in an outside trash receptacle. An Approved ESA must be clean and well groomed, and measures should be taken at all times for flea, tick, or other infestations and odor control. The Owner will be held responsible for any room damages, including excess cleaning and/or replacement of any carpeting or furnishings.

Other Conditions

• The Owner is responsible for assuring that the Approved ESA does not unduly interfere or adversely affect the routine activities of university housing or other residents. In addition, the Approved ESA must not pose a threat to the health, safety, or property of anyone in the University of New Haven's community.

• The care and supervision of the Approved ESA is solely the responsibility of the Owner. The Owner is responsible for ensuring the safety of an Approved ESA and the University community. If it is suspected that an ESA is being neglected, mistreated, or has been abandoned, the University may contact the animal control division of the West Haven Police Department. The animal may be removed without warning if removal is warranted due to safety concerns.

• The Owner is financially responsible for all costs associated with the Approved ESA, including for any bodily injury or property damage caused by the Approved ESA. The Owner’s financial responsibility may include medical costs, replacement of furniture, carpet, window, wall covering, and costs of damage to other University owned property. The Owner is expected to cover property damage costs at the time of repair and/or move-out.

• The Owner must notify the Accessibilty Resources Center and the Office of Residential Life and Housing in writing if the Approved ESA is no longer needed or is no longer in residence. To replace an Approved ESA, the Owner must submit a new written request to Accessibilty Resources Center for review by an appropriate staff member and/or the 504/ADA/FHA Committee.

• The Owner agrees to abide by all other University policies, including all university housing policies. Any violation of this policy may result in immediate removal of the Approved ESA from the University. Reported violations will be reviewed by the Office of the Dean of Students.

• Approved ESAs may not be left overnight in student housing without the Owner being present. Approved ESAs must be taken with the Owner if the Owner leaves campus overnight. Violations will be adjudicated throught the University’s disciplinary system. The Owner must make proper arrangements for the care of an ESA while the residence halls are closed for breaks. The need to care for an Approved ESA is not on its own a valid reason for permission to stay on campus over a break or any other period when university housing is closed.

• Approved ESAs (caged or uncaged) must be in a crate or cage when the Owner is absent from the room (i.e. to attend class, while at a dining location, attending events or other on campus activities) and/or when university personnel are present in the room to complete work orders.

• Approved ESAs are not permitted to display behaviors or create noises that are deemed disruptive to others (e.g. excessive barking, growling, biting, hissing, scratching, sniffing), unless said noises/behaviors are part of the needed disability service to the Owner. If an ESA becomes disruptive of the residence community, a Residential Life and/or ARC staff member will work to assist the owner with working towards a resolution. Subsequent violations may be forwarded to the Dean of Students Office for adjudication as a Code of Conduct violation.

• ËÄÉ«AV may require an Owner to remove his or her Approved ESA when it is out of control and the Owner does not take action to control it, when it is not housebroken, or when it poses a threat to health and safety. Should the ESA be removed from the premises for any reason, the Owner is expected to fulfill his/her housing obligations for the remainder of the housing contract.

• ËÄÉ«AV may prohibit the use of Approved ESAs in certain locations due to health or safety hazards, where ESAs may be endangered, or where their use may compromise or fundamentally alter the nature of a program or activity. (For example, dining facilities located within the residential facility).

• From time to time, the University may use pesticides, pest control devices, de-icing materials, cleaning supplies, and other materials for the maintenance and operation of university housing. ËÄÉ«AV is not responsible/liable for harm to an Approved ESA permitted to reside with an Owner in university housing. The university may make an effort to notify students in advance so that if the student feels the need to remove or otherwise protect their ESA, they may do so.

• The Owner will provide emergency contact information for an individual should the Owner be unable to care for the ESA at any time. A current University student or University personnel (unless the university personnel are the parents/guardians of the student) are not appropriate choices for an emergency contact and will not be permitted. ESAs must be removed within 24 hours of an emergency. After that time, the animal may be placed with West Haven Animal Control.

Revocation of Approval

ËÄÉ«AV will take appropriate measures, up to and including revocation of approval for an ESA and/or a specific animal if, among other reasons:

• The Owner violates any term of this policy, after notice and reasonable opportunity to cure when possible;

• The Approved ESA is no longer needed to assist with a disability;

• ËÄÉ«AV determines that the Approved ESA is a direct threat to the health, safety, or property of anyone in the University community, or that the Approved ESA is adversely affecting University’s programs and activities or

• ËÄÉ«AV discovers that false or misleading information was provided in the Owner’s application for approval of an Approved ESA.

ËÄÉ«AV reserves the right to make an interim accommodation while determining appropriate measures.

The requesting student may grieve revocation of approval of a previously Approved ESA in accordance with the grievance policy.

Students Grievance Rights

Any student who feels he/she/they have been denied access to a requested ESA accommodation has the right to invoke the Grievance Procedure with the Dean of Students Office within five (5) business days of receiving the official decision. All grievances must be submitted in writing and sent to the Dean of Students Office at deanofstudents@newhaven.edu and should include any new information you wish to be considered. You may contact the Accessibility Resources Center to review the process in more detail. The Dean of Students will review the grievance based on the following grounds:

• To determine whether the 504/ADA/FHA Committee reviewed your case fairly in light of the information presented.

• To determine whether the outcome of a decision was appropriate for the accommodation requested or the situation presented.

• To consider new information sufficient to alter a decision or other relevant facts not brought out in an original request or known prior to a decision made because such information and/or facts were not known or available at the time of the request/decision.

The Dean of Students or designee will meet with the student to discuss the specifics of the grievance and will make a final determination and/or make appropriate referrals. The student and appropriate departments will be notified of the final decision.

ËÄÉ«AV reserves the right to amend this policy at any time as circumstances require.