MODERATOR Julie Hout Brown Hendrix College PANELISTS Reed

MODERATOR Julie Hout Brown, Hendrix College PANELISTS Reed Claiborne, University of Arkansas at Little Rock Liz Davis-Means, Arkansas Tech University Crystal Hill, University of Central Arkansas Laura James, University of Arkansas

To review the policies and procedures at our various institutions, as well as to offer a brief overview of federal laws and key terms related to animals on campus.

§ Federal Laws & Key Terms § Institution Policies & Procedures § Scenarios § Q&A § Helpful Resources

§ ADA § Public and private institutions must make reasonable accommodations to policies for students with disabilities § Service animals are permitted § Rehabilitation Act, Section 504 § Institutions receiving federal funding must modify policies/procedures as necessary to avoid discrimination § Fair Housing Act § Institutions must make reasonable accommodations in campus housing for those that use assistance animals § Includes service and emotional support (therapy/comfort) animals

§ Service Animal § Under ADA, a dog that is individually trained to do work or perform tasks for a person with a disability. § The ADA also recognizes similarly trained miniature horses as an alternative to dogs. § Allowed to accompany the handler anywhere § If service/task is not obvious, inquiry is limited to: (1) Is the dog a service animal required because of a disability? (2) What work or task has the dog been trained to perform?

§ Assistance Animal § HUD definition, under the Fair Housing Act and Section 504 of the Rehabilitation Act, is inclusive of animals that provide active support (Service Animal) as well as animals that provide passive support (Emotional Support Animal) § Animal alleviates or at least partially mitigates an impact of a person's disability allowing them to benefit from a college’s programs and services

§ Emotional Support Animal § Assistance animals that provide passive support that partially ameliorates the impact of a disability § Not just dogs § No training is required § Use of an ESA on campus is a potentially reasonable accommodation § Similar to all accommodation requests, the college may ask the person with a disability to document the need for the accommodation by an appropriate professional § May limit to residence hall to which student is assigned § Limitation within residence hall can be restricted only on case-by-case basis where access is “unreasonable”

§ Animal Policy - http: //ualr. edu/disability/animal-policy/ § ESA Request - http: //ualr. edu/housing/emotionalsupport-animal-request/

§ Policy - http: //vcfa. uark. edu/policies/fayetteville/fama/718 0. php § Housing accommodation process - http: //housing. uark. edu/disabilityaccommodation. php & http: //cea. uark. edu/students/policies/housing_dini ng_accomms. php § Housing Standard Operating Procedure - § Housing Animal Acknowledgement Form -

§ Service and Assistance Animal Policy - § Service and Assistance Animal Protocol - § Procedure for Requesting University Housing Accommodations - § Request Form for Disability Services Housing Accommodations -

§ Service and Therapy/Emotional Support Housing Guidelines -

1. Is it a service animal? 2. If not a service animal, is it an ESA? 3. Does the student have a disability? 4. Is there a nexus between the person’s disability and the assistance provided by the ESA? 5. Does the documentation support the ESA request? § Documentation may be from a “reliable third party, ” cannot be limited to a physician or medical provider. 6. Would you approve or deny this request? Why?

§ Betsy requested an ESA (16 week old puppy) due to PTSD limitations. § No supporting documentation; request was denied. § Betsy purchased service animal vest for the dog/puppy, and subsequently claimed it was a service animal. § Betsy couldn't answer the two service animal questions.

§ Three (3) separate students request an ESA to bring into the residence hall THIS semester. § Documentation of disability is provided for each, including the recommendation of an ESA as an accommodation. § The last day of class is exactly two (2) weeks from the day that the ESA requests are made. § None of the students will be remaining on campus during the summer.

§ Professor contacted DSS office concerned that Michael was bringing a dog to his Art Studio class, and indicated it was a service dog. § The dog had already eaten a tack, which was a red flag for the professor. The professor was also concerned because of numerous dangers throughout the studio. § While the dog was fairly quiet, Michael did not maintain full control of the dog, i. e. , eating the tack. § The professor told Michael that a service dog must be registered with the DSS office, after which he would be provided notification from the DSS office. § Michael was contacted for a meeting. § The animal had not received the primary vaccination (rabies), which is required for the county. § Also, Michael disclosed that the dog had not completed its training due to limited personal finances, but service animals can be trained by their owners.

§ Shelby contacted the DSS office requesting to bring an ESA (cat) to live with her in a 4 bedroom suite. § Documentation of depression is provided, including how having an ESA alleviates the need for an increase in medication. § DSS office asks to be contacted at least 30 days prior to the arrival of the ESA on campus, in case provisions have to be made. § One of Shelby’s roommates was mildly allergic to cats, but ok'd the request, stating one shouldn't bother that badly.

PART 1 § Brian contacted DSS office requesting to bring service animal to class, because a professor was demanding to see documentation for the animal. § The dog is well behaved, and seemingly not disruptive in any way. § The two (2) permitted questions were never asked, because the student voluntarily provided documentation. § The documentation stated that the dog was an ESA, and partially ameliorates limitations associated with OCD, because Brian continuously brush or pet it. § The campus policy was just being put in place, stating ESAs are not allowed in campus classrooms. PART 2 § Later in the year Brian requested to bring the dog into the residence hall.

§ Alexis indicates that she has a service animal. § Alexis brought the service animal into DSS office so that the dog could “get to know everyone. ” § Invited staff and student workers to pet and interact with the dog. § The dog appears to be a puppy. § Alexis was carrying food and water for the dog, and fed the dog while in the building. § Dog subsequently went to the bathroom in the building.

§ Tina is an RA. § Upon a routine room check, housing found a guinea pig in Tina’s room. § Tina contacted the DSS office seeking the approval of her guinea pig as a means to decrease her anxiety. § Tina reports that she finds petting the guinea pig very calming and relaxing. She’s taken him to class on occasion, with no complaints from her professors. § Tina reports that she does not have a disability, but her primary care physician has prescribed medication to help with her stress level.

1. Student has a service dog that warns him of an impending seizure. However, the student does not carry documentation, or have the dog wear a vest. Can the student be required to have his dog wear a vest or to carry documentation? 2. What level of documentation do you require in support of an ESA request? 3. Must the provider indicate they have a history with the student? 4. Is it okay for the provider to prescribe an ESA for an individual who does not currently own the animal? 5. How do you handle requests if the student has already taken the animal into housing? 6. Is an ESA permitted to go with the student into shared spaces, such as a dining hall or recreation room, within the assigned residence hall? 7. A professor allows a student to bring a service dog to class, because the dog helps to keep her anxiety low. A few weeks later, the DSS office informs the professor that the student has not adequately stated what service/tasks the dog has been trained to do. Can or should the professor allow the dog to remain in class?

8. What happens when an approved animal is disruptive, or the owner is not taking proper care of it? 9. Have any animals been removed from your campus after approval? Why? 10. What is the most interesting animal request you’ve received? 11. Can you estimate how many ESAs are currently living on your campus? 12. What reasons have you given for denying animal requests? 13. What sparked the development of your current practice/policy? 14. Are you (or other campus stakeholders) concerned with an influx of requests once the campus community learns of your ESA practice/policy? 15. What campus partnerships have you found necessary in the development and implementation of your current animal practice/policy? 16. Have you encountered any resistance from your campus community? 17. Other questions?

§ DOJ – http: //www. ada. gov/regs 2010/service_animal_qa. pdf § Housing and Urban Development (Fair Housing Act) - § http: //portal. hud. gov/hudportal/documents/huddoc? id=servanimals_ntcfheo 2013 -01. pdf § http: //www. nacua. org/documents/FHA_Memo_Service. Animals. PDF § University of Nebraska at Kearney settlement agreement - http: //www. justice. gov/opa/file/767276/download § Kent State University - https: //www. justice. gov/opa/file/809811/download § Jane Jarrow, Ph. D. § Free ESA Resource Packet § Jane. Jarrow@aol. com

§ Reed Claiborne Access Consultant, Disability Resource Center University of Arkansas at Little Rock rhclaiborne@ualr. edu (501) 569 -3143 ualr. edu/disability § Liz Davis-Means Director, University Testing and Disability Services Arkansas Tech University emeans@atu. edu (479) 968 -0302 atu. edu/disabilities/ § Crystal Hill Director, Disability Resource Center University of Central Arkansas crystal@uca. edu (501) 450 -3613 uca. edu/disability/ § Laura James Associate Director, Center for Educational Access University of Arkansas lauraj@uark. edu (479) 575 -3104 cea. uark. edu