BYU On-Campus Housing: Service and Therapy/Emotional Support Animal Policy

Service and Therapy/Emotional Support Animal Policy
Brigham Young University
On-Campus Student Housing
Revised August 2008

Brigham Young University (BYU) is committed to accommodate persons with disabilities who require the assistance of service or therapy/emotional support animals in a reasonable manner; however, the university is also mindful of the health and safety concerns of the campus community. Thus, the university must balance the need of the individual with the disability with the potential impact of such animals on other campus patrons. (Currently BYU Residence Life has 898 family units and just under 5,000 single housing units. These units include Wymount Terrace [family], Wyview Park, Heritage Halls, Helaman Halls and the Foreign Language Student Residences.)

The University Accessibility Center (UAC) personnel are responsible for implementing this policy and for assisting students with disabilities to document their specific need for an accommodation. The successful implementation of the policy requires the cooperation of all students, faculty, and staff.

Definitions

Disability
"Disability" is defined as a physical or mental condition or impairment that is medically cognizable, and diagnosable, and that substantially limits one or more of a person's major life activities. These limitations may include: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning. A person is substantially limited in major life activities if the individual is unable to perform the activity, or is significantly restricted as to the manner in which he or she can perform that activity when compared to the average person. Acceptable documentation of a disability can be from either a medical or mental health provider. It should verify the disability as well as the need for a service or therapy/emotional support animal.

Service Animal
A "service animal" is any animal individually trained to do work or perform tasks for the benefit of an individual with a disability. These tasks include but are not limited to: guiding individuals with impaired vision, alerting individuals who are hearing impaired to intruders or sound, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

Therapy/Emotional Support Animal
A "therapy/emotional support animal" is an animal selected to play an integral part of a person's treatment process. That animal should demonstrate a good temperament and reliable, predictable behavior. A therapy/emotional support animal is prescribed to an individual with a disability by a healthcare or mental health professional. A therapy/emotional support animal is not a service animal. Unlike a service animal, a therapy/emotional support animal does not assist a person with a disability with activities of daily living, nor does it accompany a person with a disability at all the times. A therapy/ emotional support animal, however, may be incorporated in a treatment process to assist in alleviating the symptoms of that individual's disability. This treatment occurs within the person's residence and, therefore, may be considered for access to university housing.

Pet
A pet is an animal kept for ordinary use and companionship. A pet is not considered a service animal or a therapy/emotional support animal, and, therefore, it is not covered by this policy. Residents are not permitted to keep pets on university property or in university housing.

Responsibility of Persons with Service or Therapy/Emotional Support Animals

Care and Supervision: Care and supervision of the animal are the responsibility of the individual who benefits from the animal's use. The person is required to maintain control of the animal at all times, where consistent with the capacity of the service animal user. The person is also responsible for ensuring the clean up of the animal's waste and, when appropriate, must toilet the animal in areas designated by the University consistent with the reasonable capacity of the owner.

Vaccination: In accordance with local ordinances and regulations the animal must be immunized against diseases common to that type of animal. Dogs must have current vaccination against rabies and wear a rabies vaccination tag. Although not mandated, cats should have the normal shots required for a healthy animal. Local licensing requirements are followed.

Health: Animals, other than cats and dogs, to be housed in university housing must have an annual clean bill of health from a licensed veterinarian. Documentation can be a vaccination certificate for the animal or a veterinarian's statement regarding the animal's health. The university has authority to direct that the animal receive veterinary attention. (Local licensing law is followed.)

Licensing: Utah County, including the City of Provo, requires all dogs four (4) months or older to be licensed. Dogs must wear license tags at all times. The tags verify that the shots (rabies, etc.) required by law have been given.

Training: Service animals must be properly trained. An owner of a service animal may be asked to provide verification that the animal has been individually trained as a service animal to provide the service needed. Acceptable verifications are 1) the letter or ID card provided by agency personnel who trained the animal or 2) a statement from the owner that the animal was trained by the owner or another private individual.

Leash: If appropriate the animal (dog) must be on a leash, unless the leash would inhibit the animal's ability to be of service.

Other Conditions: The UAC may place other reasonable conditions or restrictions on the animals depending on the nature and characteristics of the animal.

Requirements for Faculty, Staff, Students, and Other Members of the University Community
Members of the University community are required to abide by the following practices:

They are to allow a service animal to accompany its owner at all times and in all places on campus, except where animals are specifically prohibited.
They are not to touch or pet a service or therapy/emotional support animal unless invited to do so.
They are not to feed a service or therapy/emotional support animal.
They are not to startle a service or therapy/emotional support animal, deliberately.
They are not to separate or to attempt to separate an owner from his or her service or therapy/emotional support animal.
They are not to inquire for details about the owner's disabilities. The nature of a person's disability is a private matter.

Removal of Service or Therapy/Emotional Support Animal

The University may exclude/remove a service animal when it 1) poses a direct threat to the health or safety of others or 2) results in a fundamental alteration of the University's program.

Damage

Owners of service or therapy/emotional support animals are solely responsible for any damage to persons or university property caused by their animals.

Areas Off Limits to Service Animals

The University may prohibit the use of service animals in certain locations due to health and safety restrictions (e.g. where the animals may be in danger, or where their use may compromise the integrity of research). Restricted areas may include, but are not limited to, the following areas: custodial closets, boiler rooms, facility equipment rooms, research laboratories, classrooms with research/demonstration animals, areas where protective clothing is necessary, wood and metal shops, motor pools, and rooms with heavy machinery and areas outlined in state law as being inaccessible to animals.

Exceptions to restricted areas may be granted on a case-by-case basis by contacting the University Accessibility Center and the appropriate department representative; however, the person directing the restricted area has the final decision.

Service and Therapy/Emotional Support Animals in University Housing

Service and therapy/emotional support animals may not reside in University housing without expressed approval of university officials. Such requests should be processed as follows:

A person requesting a service or therapy/emotional support animal must provide the University Accessibility Center with appropriate documentation at least 30 days before prospective housing will be needed. The UAC requires a 30-days notice period in order to do its due diligence by gathering and verifying the necessary documentation for the student. This documentation includes, but is not limited to: verification of a disability, the determination of any conflicting disabilities in the immediate vicinity where the animal will be housed, and verification of all vaccinations and the health of the animal including all the necessary licensing. If documentation is immediately available, the time for the approval process may be shortened.
Documentation of the need for an emotional support animal should include a signed letter, on professional letterhead, from the person's physical or mental healthcare provider or licensed therapist. The provider or therapist should be familiar with the professional literature concerning the assistive and/or therapeutic benefits of assistance animals for people with disabilities. A copy of the therapy/emotional support animal certification form or ID card from the agency or organization that provided the training should also be provided by the training agency or organization. If the animal is trained by the owner or another private individual, a brief statement to that affect is all that is required. At a minimum, the letter should include the following items (template letter is provided at the end of this document):
1. The provider's diagnosis of the person's condition.
2. The provider's opinion that the condition affects a major life activity.
3. The provider's opinion that the service or therapy/emotional support animal has been prescribed for treatment purposes and is necessary to help alleviate symptoms associated with the person's condition and/or to help the person use and enjoy university housing services.
4. The provider's description of the service(s) that the animal will provide.
5. Any additional rationale or statement the university may reasonably need to understand the basis for the professional opinion.
6. The University Accessibility Center staff members will review documentation

Verification of Disability and Need for a Service Animal

A person desiring the assistance of a service animal to use university facilities and services must provide verification to the University Accessibility Center that he or she has a qualifying disability and that the service animal is needed for the use and enjoyment of university facilities and services. The person's health care provider, who is qualified to make the requested assessment, must submit a signed letter on professional letterhead expressing the following:

The provider's diagnosis of the person's condition.
The provider's opinion that the condition affects a major life activity.
The provider's professional opinion that the service animal is used to help with the person's daily living activities and is necessary to use and enjoy university facilities and services.
The provider's description of what service(s) the animal will specifically provide.
Any additional rationale or statement the university may reasonably need to understand the basis for the professional opinion.

Conflicting Disabilities

Residence Life personnel will make a reasonable effort to notify tenants in the residence building where the animal will be located of the existence of a service or therapy/emotional support animal in the building.

Students with medical condition(s) that are affected by animals (respiratory diseases, asthma, severe allergies) are asked to contact the University Accessibility Center if they have a health or safety related concern about exposure to a service or therapy/ emotional support animal. The individual will be asked to provide medical documentation that identifies the condition(s), and will allow determination to be made as to whether the condition is disabling and whether there is a need for an accommodation.

The University Accessibility Center staff will resolve any conflict in a timely manner. Staff members will consider the conflicting needs and/or accommodations of all persons involved. The University Accessibility Center staff may use the University Student Health Center as a resource for information on health issues. In the event that an agreement cannot be reached, the University Accessibility Center's decision is final and not subject to appeal.

Service Animals in Training

Individuals who desire an accommodation for a service animal in training must demonstrate that there is a proper training plan designed to work for the benefit of an individual with a disability. They must also abide by all relevant provisions of this policy. An animal being trained to be a service animal has all the same rights as a fully trained animal when accompanied by a trainer and identified as such.

Questions

Questions or concerns related to this policy should be addressed to the UAC:
University Accessibility Center (UAC)
2170 WSC
Provo, UT 84602-7920
Phone: (801) 422-2767
Fax: (801) 422-6667
E-mail: http://uac.byu.edu/index.php?option=com_contxtd&task=view&contact_id=861&t=Contact+Us

Sample Letter from a Service Provider:

[Date]

Name of Professional (therapist, physician, psychiatrist, rehabilitation counselor)
XXX Road
City, State Zip

Dear [University Accessibility Center]:

[Full Name of Tenant] is my patient, and has been under my care since [date]. I am familiar with his/her history and with the functional limitations imposed by his/her disability.

Due to the ______________ disorder, [first name] has certain limitations regarding [social interaction/coping with stress/anxiety, etc.]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to use fully and enjoy the University owned and administered housing unit, I am prescribing an animal that will assist [first name] in coping with his/her disability. It is anticipated that the animal will assist ______________ in the following manner:

I am competent to make an assessment regarding the assistive and/or therapeutic benefits of assistance animals for people with disabilities such as that experienced by [first name]. Upon request, I would be happy to answer questions you may have concerning my recommendation that [Full Name of Tenant] have a therapy animal. Should you have additional questions, please do not hesitate to contact me.

Sincerely,

Name of Professional