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Service and Assistance Animal Policy & Procedure
It is the policy of 51³Ô¹ÏÍøÊÓƵ Baptist University to provide equal access and reasonable accommodation for individuals with disabilities to participate in any program, service, or opportunity provided by the campus; and to comply with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act as amended by the ADA Amendments Act of 2008 (ADAAA), the Fair Housing Act, and other applicable federal and state regulations that prohibit discrimination on the basis of disability. Under the Fair Housing Act, persons with disabilities may request a reasonable accommodation of an assistance animal, including an emotional support animal in housing when its use is necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling. With respect to a request for an assistance or emotional support animal, 51³Ô¹ÏÍøÊÓƵ Baptist University will determine, on a case-by-case basis, whether such an animal is a reasonable accommodation on campus.
All Service and Assistance Animal requests must be submitted to the Disability Services Office located in Van Howeling Education Complex, Room 109, 51³Ô¹ÏÍøÊÓƵ Baptist University, Plainview, TX. After DSO has approved the accommodation of a Service or Assistance Animal, the student is responsible for submitting the approval to Student Housing along with any other required documentation.
For questions, contact Ryiann Araujo, Disability Services Coordinator, and Academic Coach.
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Definitions
Service Animal:
A service animal as per the ADA is defined as: “Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the owner's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, . . . retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.”
Emotional Support Animal:
The Fair Housing Act defines an emotional support animal as any animal that provides emotional support, well-being, or companionship that alleviates or mitigates symptoms of the disability; the animal is not individually trained. Emotional support animals are not limited to dogs and can be other species of animal. Emotional support animals are not considered service animals. In order to bring an emotional support animal to campus, the owner must contact SDS no less than 60 days prior to arrival, in order to permit time to gather all necessary documentation. Animals should not be brought to campus prior to approval being granted. The University will make an individualized assessment of each proposed emotional support animal. Dogs must also be completely trained and housebroken. The use of “puppy pads” will not be permitted.
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Emotional Support Animals Permitted on Campus
- The individual has a disability;
- The animal is necessary to afford the individual an equal opportunity to use and enjoy a dwelling; and
- There is an identifiable relationship between the disability and the assistance the animal provides.
- Time obligation related to care of specific species
- Time away from the animal, student schedule, lifestyle, other responsibilities
- Financial cost of food, supplies, veterinarian visits
- Previous ownership of species or anxiety an animal may experience in a new environment
- Caring for the animal during school breaks
- Travel
- Training of animal (housebroken or litter trained)
- Ideal time to bring it to campus
A student requesting an emotional support animal (ESA) should identify with the Director of Disability Services as a qualified student with a disability (i.e., have a physical or mental impairment that substantially limits one or more major life activities) and provide documentation explaining how the animal will be necessary to offer the student equal opportunity to use and enjoy 51³Ô¹ÏÍøÊÓƵ Baptist University residential housing not otherwise possible. A student is not permitted to live with an ESA until given written approval by the Director of Disability Services.
An individual may request an emotional support animal as an accommodation in a campus residential facility if:
In accordance with the Federal Housing Administration (FHA), 51³Ô¹ÏÍøÊÓƵ Baptist University allows ESAs only in residential facilities. Animals must comply with all City of Plainview Code of Ordinances regarding animals and the State of Texas Health and Safety Code §822.101 (Animals defined as “Dangerous Wild Animals”).
Things to Consider When Contemplating an Emotional Support Animal as an Accommodation in University Housing
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Procedures to Request an Emotional Support Animal
- Request for ESA Documentation Form: Students requesting an ESA must submit a verification form for emotional support animals (ESA) to the Director of Disability Services. The form must be completed by the treating physician or mental health provider to permit the university to determine:
- That the individual has a disability for which the animal is needed;
- How the animal assists the individual including whether the animal has undergone any training; and
- The relationship between the disability and the assistance that the animal provides
- ESA Health Documentation: Students requesting an ESA in campus housing must provide documentation from a professional veterinarian certifying the ESA is in good health and current on all applicable state and local vaccinations. The ESA must also have a had a general maintenance vaccination series appropriate to the species. All ESAs must have an annual well care visit with a licensed veterinarian. Applicable animals must wear a current rabies vaccination tag. ESA owners must provide satisfactory documentation of this ongoing compliance for an ESA.
- Roommate Agreement: A signed agreement from roommate(s) indicating consent to live in the same residence as the proposed ESA must be submitted with the verification form for the emotional support animal (ESA). (Roommate(s) will write and sign a statement verifying agreement to live in the same residence as the proposed ESA. They must print their name, sign their name, and date this statement. The agreement may also be emailed from roommate(s)’ 51³Ô¹ÏÍøÊÓƵ email address. This statement must be submitted with the verification form for the emotional support animal. Suites: Owen, Davis, Caprock must provide agreement from all suite mates.)
After initial approval, this form must be reviewed (beginning of each academic school year) and approved in each subsequent year in which an ESA is requested.
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Exclusion of Emotional Support Animals from Campus
- Is not approved by the Disability Services Office
- Is not approved by Student Housing
- Is not housebroken prior to living in a residential facility (i.e., trained so that, absent illness or accident, the animal controls its waste elimination)
- Poses a direct threat to the health or safety of others
- Would cause substantial physical damage to the property of the University and other residents
- Would pose an undue financial and administrative burden to the University
- Would fundamentally alter the nature of the University's housing operations
No animal will be permitted in residence halls or apartments that:
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Standards for Approved Service or Emotional Support Animals
Approval will be granted for one emotional support animal.
Animals must be at least 6 months in age or older.
Restrictions on animal sizes are considered on a case-by-case basis.
All approved service or assistance animals must comply with applicable laws regarding animals. Service and/or Assistance animal owners must follow all city ordinances, regarding the treatment and care of their animal and must also meet the following standards:
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Dogs (Service and Assistance Animals)
- Dogs must be of appropriate age (at least 6 months).
- All required immunizations must be up-to-date, and a copy of the immunizations must be on file with the Disability Services Office.
- Dogs must be licensed, and a copy of the license must be on file with the Disability Services Office.
- Dogs must be spayed or neutered. A copy of the veterinarian's report must be on file with the Student Disability Services Office.
- A Certificate of Health signed by a veterinarian certifying the dog is healthy and free from any signs of infectious or contagious diseases, parasites, etc. must be on file with the Disability Services Office.
- Collars and rabies tags must be worn at all times. The dog must be kept on a leash at all times when outside the residence hall or apartment. Dogs must never be allowed to run freely.
- Dogs must be housebroken prior to living in a residential facility (i.e., trained so that, absent illness or accident, the animal controls its waste elimination)
- Dogs must possess friendly and sociable characteristics. A specific dog can be restricted from the premises by the Housing Coordinator or designee based on any confirmed threatening or territorial behavior. Dogs that are classified as "Dangerous Dogs" (Texas Health and Safety Code Title 10., Chapter 833, Subchapter A, Sec. 822.041)
- Dog obedience and training programs are highly recommended.
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Domestic Cats (Assistance Animals Only)
- Cats must be of appropriate age (at least 6 months).
- All required immunizations must be up-to-date, and a copy of the immunizations must be on file with the Student Disability Services Office.
- Cats must be licensed, and a copy of the license must be on file with the Student Disability Services Office.
- Cats must be spayed or neutered. A copy of the veterinarian's report must be on file with the Disability Services Office.
- A Certificate of Health signed by a veterinarian certifying the cat is healthy and free from any signs of infectious or contagious diseases, parasites, etc. must be on file with the Disability Services Office.
- Cats must be housebroken prior to living in a residential facility (i.e., trained so that, absent illness or accident, the animal controls its waste elimination)
- Collars and rabies tags must be worn at all times. The cat must be kept on a leash at all times when outside the residence hall or apartment. Cats must never be allowed to run freely.
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Any Other Animal
- 51³Ô¹ÏÍøÊÓƵ Baptist University is a no pet campus. Therefore, Disability Services Office cannot approve any other type of Assistance Animal. All animals must comply with the City of Plainview Code of Ordinances definition of assistance animals; Code 4.01.001. Animals defined as “Dangerous Wild Animals” in the Texas Health and Safety Code §822.101 (big cats, apes, bears, hybrids of these), primates, high rabies risk animals (bats, fox, raccoon, coyote) venomous animals, domestic animals with unknown health history are not allowed.
- Disability Services Office is never required to accept snakes, reptiles, ferrets, rodents, sugar gliders, or spiders since these animals cannot meet vaccination requirements to be certified disease free. (Note: the listed animals are not an exhaustive list) The Centers for Disease Control and Prevention (CDC) indicates that assistance animals should be limited to those that cannot possibly transmit zoonotic diseases. Zoonotic diseases are infectious diseases that can be naturally transmitted from animals to humans.
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Standards of Behavior by Animal and Animal Owner
- Health, sanitary, safety, and disruptive standards must be maintained as follows:
- Animals require daily food and attention, as well as a daily assessment of their general health, behavior and overall welfare.
- Food must be stored in a sealed container at all times. The food must not be left out overnight in an open container nor when the animal and owner are not in the room.
- Animals cannot be left unattended overnight at any time. If the owner must be away, they must either take the animal with them, or make arrangements for them to be cared for elsewhere, which does not include other residence hall or apartment spaces.
- Emotional support animals must not be taken into the residence hall or apartment offices, administrative offices, or unassigned student living areas.
- Animal waste must be taken care of - Animals defecating on public and private property. Animal feces, defined as cat litter box contents and any solid animal waste, must be disposed of properly. It is the owner's responsibility to remove feces from university grounds, dispose of it in a plastic bag, and then place that bag in the garbage dumpsters outside. Cleanup must occur immediately. Animal feces may not be disposed of in any trash receptacle or through the sewer system inside any building on the 51³Ô¹ÏÍøÊÓƵ Baptist University campus. Waste must be taken to any residence hall or apartment dumpster for disposal.
- Residents with cats must properly maintain litter boxes. In consideration of the health of the cat and occupants of the apartment or the residence hall room, cat litter box contents must be disposed of properly and regularly. The litter box must be changed with new cat litter regularly as outlined by the manufacturer.
- Animal-accidents within the residence hall room or apartment must be promptly cleaned up using appropriate cleaning products.
- Regular and routine cleaning of floors, kennels, cages, and litter boxes must occur. The odor of an animal emanating from the residence hall room or apartment is not acceptable. (see Cleaning Section below)
- Any flea infestation must be attended to promptly by the University’s contracted professional extermination company at the owner's expense. Owners are expected to promptly notify the dorm office or the University’s facilities staff to place a work order and arrange for extermination when a flea problem is noted. Animal owners may take some precautionary measures such as: flea medications prescribed by veterinarians, flea and tick collars, or taking your animal to the veterinarian for flea and tick baths. However, University staff may not use chemical agents and insecticides to exterminate fleas and ticks. Because not all of the precautions listed above can prevent flea and tick infestations, the owner is responsible for any extermination costs after vacating the residence hall room or apartment.
- Animals must not be allowed to disrupt others (e.g., barking continuously, growling, yowling, howling, etc.). Animals which constitute a threat or nuisance to staff, residents, or property, as determined by the Housing Coordinator or designee, must be removed within seven (7) days of notification. If 51³Ô¹ÏÍøÊÓƵ Baptist University Police Department personnel determine an animal poses an immediate threat, animal control may be summoned to remove the animal. If the behavior of an animal can be addressed by the owner and the owner can change the behavior of an animal so the pet does not have to be removed, then a written action plan must be submitted by the owner. The action plan must outline the action to take place to alleviate the problems and also must give a deadline as to length of time the plan will take to complete. Any action plan must meet the approval of the Housing Coordinator or designee. The day after the deadline for removal from the apartment, housing staff will do a residence hall room or apartment inspection to check damages and infestation and then the mandatory cleaning and extermination will be scheduled. Any animal owner found not adhering to the removal directive will be subject to disciplinary action.
- An animal must not be involved in an incident where a person experiences either the threat of or an actual injury because of the animal's behavior. The animal owner will take all reasonable precautions to protect university staff and residents, as well as the property of the University and of the residents.
- The owner will notify housing staff via the dorm office if the animal has escaped its confines and is unable to be located within eight (8) hours.
- All liability for the actions of the animal (bites, scratches, etc.) is the responsibility of the owner. Violations concerning any of the aforementioned may result in the resident having to find alternative housing off-campus for the animal. Students are required to live on WBU campus until they reach 23 years of age or attained 90 WBU credit hours.
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Cleaning and Damages
- When the resident moves out of his/her apartment or residence hall room, or no longer owns the animal the apartment or residence hall room will be assessed to determine if damage to department property can be attributed to the animal. The Department maintains the right to conduct apartment or residence hall room inspections as needed for the purpose of assessing damage caused by the animal or otherwise determine the resident's compliance with this procedure.
- The animal owner has an obligation to make sure that the apartment or residence hall room is as clean as the original standard. If the apartment or room has carpeting, this also includes regular vacuuming and spot cleaning. Damages and extraordinary cleaning caused by the animal are the responsibility of the resident. Replacement or repair of damaged items will be the financial responsibility of the owner and assessed by members of the housing staff.
- Room checks will be performed on a regular basis to monitor the safety of the animal and the compliance of all policies, practices and procedures listed in this document and in accordance with City of Plainview Code of Ordinances, Chapter 2 Animal Control.
- Failure of room checks without correction will result in the resident having to find alternative housing off-campus for the animal. Students are required to live on WBU campus until they reach 23 years of age or attained 90 WBU credit hours.
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Removal of Animal
51³Ô¹ÏÍøÊÓƵ Baptist University may remove or require the removal of the ESA if it poses a threat to the health and safety of others on campus, disrupts the educational environment of 51³Ô¹ÏÍøÊÓƵ Baptist University and/or the residential community, or the if the owner does not comply with the rules and responsibilities listed in this policy. It is the responsibility of the ESA owner to ensure the ESA does not interfere with the quality of life of other residents on campus. This includes noise violations (e.g. barking or other disruptive noise).
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Unauthorized Animals
All approved Service/Emotional Support Animals will be issued a photo identification card that is to be in the owner’s possession at all times. If an owner cannot provide the issued identification card, the animal will be assumed unauthorized. The first offense of having an unauthorized animal on campus will result in a fine of $150 and will render that animal ineligible to be certified as an ESA. Additional sanctions, up to and including removal of the animal, can be levied based on case review by the Dean of Students and the Housing Coordinator.
Emotional Support Animals (ESA) are not allowed in non-approved student rooms. Owners of ESA’s found in rooms other than the assigned room, are subject to student conduct code violations as well as the student whose room it is in.
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