STOCKTON UNIVERSITY PROCEDURE: I. PURPOSE:

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1 STOCKTON UNIVERSITY PROCEDURE Emotional Support Animal Procedure Procedure Administrator: Student Affairs; Learning Access Program and Office of Residential Life Authority: Americans with Disabilities Act of 1990 (ADA), 42 U.S.C (2013) (amended 2008); Office of Animal Welfare NJ4: and 4: a; State of NJ 215 th Legislature Section 5 of P.L.1977, c.456 (C.10:5-29.3); Fair Housing Act; Section 504 of the Rehabilitation Act of 1973: Campus Code of Conduct; Guide to Residential Life Effective Date: May 12, 2016 Index Cross-References: Policy I-125: Service Animal and Emotional Support Animal Policy Procedure File Number: 3991 Approved By: Harvey Kesselman, President I. PURPOSE: To provide procedural guidelines for the use of emotional support animals in Stockton University ( the University ) facilities and grounds. II. DEFINITIONS An emotional support animal (also called an assistance, therapy, or comfort animal) is not trained to perform work or tasks, and can include species other than dogs and miniature horses. III. PROCEDURE: A. A request for an emotional support animal in the residence halls is treated as an accommodation request and must follow the general principles applicable to all accommodation requests. Persons with disabilities may request a reasonable accommodation for any emotional support animal including an emotional support animal under both the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 under the following conditions: 1. The person has a documented disability; 2. The animal is necessary to afford the person with a disability an equal opportunity to use and enjoy a dwelling; and 3. There is an identifiable relationship or nexus between the disability and the assistance the animal provides. Page 1 of 5

2 B. Emotional support/assistance/therapy or comfort animals are not allowed to accompany persons with disabilities in all areas of Stockton University, but may reside in a student s on campus residence if approval is granted by the Learning Access Program. C. Should the emotional support animal pose a direct threat to the health and safety of others; cause substantial damage to the campus residence; pose an undue financial and administrative burden; or would fundamentally alter the nature of the University s operations the request may be denied or revoked. D. All student requests will be reviewed and maintained by the Learning Access Program. E. To place a request for an emotional support animal, the Emotional Support Animal Request Form, which can be found online under Disability Services, Policies and Procedures, must be submitted with the animal s health records from a licensed veterinarian dated within a year of the request and current vaccination records and licensing if the animal meets the licensing requirements for the requester s permanent resident municipality and Galloway Township requirements. Proof of health records and current inoculations must be submitted on an annual basis. Animals required to have rabies shots must wear a rabies vaccination tag. F. Individuals approved for an emotional support animal must comply with the same University rules regarding noise, safety, disruptions, and cleanliness as others are within on-campus housing. Complaints regarding an emotional support animal residing in on-campus housing should be made to a professional representative for the Office of Residential Life. G. The animal must be well groomed and measures should be taken for flea and odor control. H. It is common for persons to have a disability that precipitates an allergic reaction to animals. If there is an allergy/animal conflict within a residence hall that cannot be resolved agreeably, then the persons who have asthma/allergy/medical issues with the emotional support animal are to be directed to make the complaint to the Learning Access Program. The person making the complaint must provide verifiable medical documentation to support his/her claim. Action will be taken to consider the needs of both persons to resolve the problem as efficiently and effectively as possible. I. The University will not require any surcharges for emotional support animals. However, an individual approved for an emotional support animal may be charged for damage caused by the emotional support animal to the same extent that the individual would be charged for the damage they cause. Page 2 of 5

3 J. An emotional support animal must be housebroken, so that it controls its waste elimination (absent illness or accident). K. Relief areas will be designated by University grounds personnel. The areas will be included in mobility training and orientation of students and animals that are new to the campus. It is the student s responsibility to be aware of the animal s need to relieve itself and act accordingly. L. The University is not responsible for the care of or supervision of an emotional support animal. The individual with disabilities is responsible for the cost, care and supervision of the emotional support animal, which includes compliance of animal licensing, vaccinations, and/or certificates; keeping the animal under control and taking effective action should the animal become out of control; and feeding, walking, and disposing of its waste. M. The animal should not be left alone overnight and must vacate the on-campus residence when the student is no longer residing in on-campus residence. N. The individual must follow the Galloway Township ordinance in cleaning up after the animal defecates. The ordinance requires the individual to: 1) Always carry equipment sufficient to clean up the animal s feces whenever the animal is outside the on-campus property; 2) Never allow the animal to defecate on any property, public or private, unless the individual immediately removes the waste; 3) Properly dispose of the feces by flushing or burial. Specifically marked waste receptacles for feces may be used when provided. O. An emotional support animal may be excluded from the University if the animal s behavior poses a direct threat to the health and safety of others and/or if the animal is not housebroken. Should the animal be excluded due to behavior, the University will give the individual the option of continuing to live in an on-campus dwelling without having the emotional support animal on premise and/or alternate accommodations will be discussed. If reasonable accommodations cannot be made the individual can appeal to the Director of Residential Life for cancellation of contract. Some examples of actions that may give rise to the exclusion of an emotional support animal are: Must not excessively sniff people, tables in eating areas, or personal belongings of others. Must not display any behaviors or noises that are disruptive to others, such as excessive barking, whining, or growling. Page 3 of 5

4 If an emotional support animal is excluded from the University, the individual may appeal the decision in writing to the Office of Institutional Diversity and Equity within seven (7) days of the exclusion. P. Residential students and guests should follow the Campus Code of Conduct and the Guide to Residential Life while they are on campus or in University owned or controlled facilities. Residents should not: Pet an animal without permission from the owner. Feed an animal without permission from the owner. Deliberately startle, tease or taunt an animal. Separate or attempt to separate a partner from his/her service animal. Feed an animal drugs or alcoholic beverages on or off campus. To do such will result in disciplinary action through the Campus Hearing Board. Complaints regarding an individual that is not following the Campus Code of Conduct and/or the Guide to Residential Life should be made to a professional representative for the Office of Residential Life. Infractions will be treated on an individual basis. Q. In the event of an emergency, the emergency response team members who respond should be informed that an animal is present in the residence halls and may be trying to communicate the need for assistance. The animal may become disoriented from the smell of smoke in a fire, from sirens or wind noise, or from shaking and moving ground. The individual and/or animal may be confused in a stressful situation. The team should be aware that the animal is trying to be protective and, in its confusion, is not to be considered harmful. The team should make every effort to keep the animal with the individual. Stockton Police will be provided the location of those residences that have emotional support animals on premise. IV. CAMPUS CONTACTS For questions about these procedures, contact one or more of the following offices: Learning Access Program, Main Campus J-204, Office of Residential Life, A-100: Serves the Residential Students of Housing II, Housing III, and Stockton Seaview, Office of Residential Life, 81-24: Serves the Residential Students of Housing I, Housing IV, Housing V, and Stockton Seaview Dean of Students Office, Campus Center Suite 243, Office of Student Rights and Responsibilities, F-107, Office of Institutional Diversity and Equity, L-214, Page 4 of 5

5 Approval History: Date President 05/12/16 Page 5 of 5