Policy for Service Animals & Emotional Support Animals

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Wilmington College is committed to providing those members of the College community with disabilities equal access to programs, services, and physical facilities. It is acknowledged that some members of the college community with disabilities may require the use of service or assistance animals while at college. Set forth below are guidelines concerning the appropriate use of and protocols associated with service animals and emotional support. The College reserves the right to amend these guidelines as needed, with or without prior notice. Members of the College community who are students and require the use of a service or assistance animal should contact the Academic Services office. Members of the College community who are faculty or staff and require the use of a service or assistance animal should contact the Human Resources office.

Definitions

Disability

Under the Federal Fair Housing Act/Housing and Urban Development (FHA), ADA, and Section 504, a person is considered to have a disability if they have a sensory, mental, or physical condition that substantially limits one or more major life activities (such as walking, seeing, hearing, working, etc.). This may include disabilities that are temporary or permanent, common or uncommon, mitigated or unmitigated.

Reasonable Accommodation in Housing

The FHA requires that housing providers provide reasonable accommodations for individuals who have disabilities. Reasonable accommodations are changes in rules, policies, practices, or services that are necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. While, a housing provider should do everything they can to assist, they are not required to make changes that would fundamentally alter the program or create an undue financial and administrative burden.

Assistance Animal

Consistent with the FHA, assistance animals include service animals, as well as emotional support animals (ESAs). Assistance animals are not pets. 

Handler

The handler is a student, staff, or faculty member with a disability who uses a service animal or an ESA. 

Service Animal

As defined by the ADA, a service animal is a dog that has been 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. 

  • The work or tasks performed by a service dog must be directly related to the individual’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, pulling a wheelchair, or assisting an individual during a seizure.
  • Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals. 
  • A service dog may accompany its handler in all places of public accommodation, including campus buildings, residence halls, and anywhere on campus they are needed to assist an individual with a disability in participating in the College's education programs or activities.
  • The crime deterrent effects of a dog’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.

While an accommodation request is not required to have a service animal on campus, if it is not readily apparent that the dog is trained to do work for perform tasks for the benefit of an individual with a disability, faculty or staff may ask:

  1. Is this dog a service animal required because of a disability?
  2. What work or task has the dog been trained to perform?

Faculty and staff may not ask about the handler's disability, require medical documentation of the handler or training documentation of the service animal, or ask that the service animal demonstrate its ability to perform the work or task. If it is unclear whether a dog is a service animal, faculty and staff may direct the handler to the Director of Accessibility and Disability Services to determine whether the dog is a service animal or determine whether an accommodation may be made. 

An individual with a disability who wishes to reside in College housing with a service animal should contact the Director of Accessibility and Disability Services, who will assist in ensuring an appropriate and optimal living environment for the individual and their service animal. The individual must also provide the Director of Accessibility and Disability Services with the emergency contact information of another adult who can, and has agreed to, care for the service animal in the event the handler becomes incapacitated or is otherwise unable to care for the service animal. The emergency contact may not reside in College housing.

Handlers must comply with all state and local laws and regulations regarding their service animal. Ohio law requires that all dogs, including assistance animals, be licensed in the county in which they reside and display the license tag on their collar. The Director of Accessibility and Disability Services may require that a handler provide proof of the service animal’s up-to-date license on an annual basis.

 

Emotional Support Animals (ESAs)

ESAs are assistance animals that do not qualify as service animals but provide therapeutic emotional support for an individual with a disability. 

ESAs  in College Housing

Except as provided in the Pet Policy, Wilmington College does not permit pets on campus or in its housing. The College recognizes that an ESA may be a reasonable accommodation under the FHA in order to afford individuals with disabilities an equal opportunity to reside in College housing if there is an identifiable and documented connection between the individual’s disability and the support that the animal provides. This can be shown if the animal has been documented by the individual’s treating and appropriate health care provider as providing passive emotional support that alleviates one or more impacts of a person’s disability or serves a defined role in the person’s treatment and is necessary for the individual to participate in the campus residential program.

ESAs are only permitted in the handler’s residence and must remain in the residence except as required to transport the animal, eliminate waste, or provide exercise. When outside the handler’s residence, the animal must be under the handler’s direct physical control with a harness, leash, other tether, or in a carrier. ESAs are not permitted in any campus buildings other than the handler’s residence.

ESA Accommodation Request & Approval Process

An ESA accommodation request is determined on a case-by-case basis. Any ESA accommodation request should be made prior to the animal’s presence on campus or in College housing in order to avoid a bad-faith inference in seeking an accommodation that could result in its denial.

  1. Contact the Director of Accessibility and Disability Services or Human Resources Director.

Students who wish to make an ESA accommodation request should contact the Director of Accessibility and Disability Services at accessibility@wilmington.edu or 937-481-2444; Employees should contact the Human Resources Director at 937-481-2282.

  1. Complete and submit the following:
  • Disability Verification for ESA Accommodation form or documentation from the individual’s treating and appropriate health care provider (updated annually) that includes:
    1. The individual/patient’s name;
    2. Description of the health care provider’s professional relationship with the individual/patient involving the provision of health care or disability-related services, including:
      • Whether the principal clinical relationship with the patient relates to the condition for which the ESA accommodation is sought;
      • The general nature of the clinical relationship (e.g., primary care, long-term treatment/therapy, short-term treatment/therapy, single session review for ESA accommodation); and
      • The number of sessions or appointments the patient has had with the health care provider and the last time the patient saw the health care provider.
    3. A description of the type of animal for which the ESA accommodation is sought;
    4. Information sufficient for the College to determine that the individual/patient has a disability, including:
      • Whether the individual/patient has a physical or mental impairment;
      • Whether the impairment substantially limits at least one or major life activity or bodily function; and
    5. Information sufficient for the College to determine that there is an identifiable and documented connection between the individual’s disability and the support that the animal provides, including:
      • Whether the individual/patient needs the animal because it provides therapeutic emotional support to alleviate a symptom or effect of the disability or serves a defined role in treatment.
    6. Whether the animal in residence is necessary for the student/employee to effectively benefit from the College’s housing and residential program.
  • ESA Agreement
  • Roommate Agreement (if applicable)
  • Emergency contact information of another adult who can, and has agreed to, care for the ESA in the event the handler becomes incapacitated or is otherwise unable to care for the animal. The emergency contact may not reside in College housing.

Handlers must comply with all state and local laws and regulations regarding their ESAs. Ohio law requires that all dogs, including assistance animals, be licensed in the county in which they reside and display the license tag on their collar. The Director of Accessibility and Disability Services may require that a handler provide proof of the animal’s up-to-date license on an annual basis.

  1. The Director of Accessibility and Disability Services will review all information, approve or deny the request, and notify the requester in writing of the decision.

Assistance Animal Owner Responsibilities 

Animal Supervision 

The supervision of the assistance animal is solely the responsibility of its handler. The handler must be in full control of their animal at all times. Assistance animals in College housing may not be left for extended periods of time either unattended or to be cared for by someone other than the handler. The handler is expected to insure the health, safety, and humane treatment of their assistance animal. College personnel will intervene if the assistance animal is found unattended, in need of care, or is causing a disturbance.

  1. Under control of handler: The animal must be under the handler’s direct physical control with a harness, leash, or other tether, unless either the handler is unable because of a disability to use these, or the use of one of these would interfere with the service animal’s safe, effective performance of work or tasks. If so, the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).
  2. Service animal proximity to handler: While on campus, in areas including classes, public areas of residences, food venues, or assembled gatherings, the service animal must be in close physical proximity to the handler.
  3. Disruptive behavior: The animal’s behavior must not be disruptive to its surroundings or other members of the Wilmington College community. Disruptive behavior includes, but is not limited to, frequent meowing, barking, or making other noises, scratching, jumping on people, growling, biting, or destroying property.
  4. Clean up and groom requirements: The care of the animal is solely the responsibility of its handler. 
    • When walking dogs, always carry equipment sufficient to clean up the dog’s waste and immediately remove and dispose of the waste. The College is not responsible for this task. Handlers who are not physically able to pick up and dispose of animal waste are responsible for making all neccessary arrangements for assistance.
    • For all animals, keep the animal clean, well groomed, and free of pests. 
    • Keep residence clean and, free of pests and foul odors. 

Lack of Cleanliness and Damages Caused by Assistance Animals

The handler of an assistance animal is responsible for any extra cleaning required because of, or damage to Wilmington College property which is caused by the animal.

  • The handler’s residence may be inspected for fleas, ticks, or other pests during the regularly scheduled housing inspection. If fleas, ticks, or other pests are detected through inspection, the residence or work area will be treated using approved fumigation methods by a college approved pest control service. The handler will be billed for the expense of any pest treatment.
  • The handler’s residence may be inspected for physical damage during the regularly scheduled housing inspection. The handler will be billed for the expense of any damage to the residence or furnishings within the residence that are caused by the animal.
  • If a concern relating to the animal is reported, the handler’s residence may be inspected as needed to ensure it is being properly cleaned, that sanitary and safe conditions are being maintained, and that property is not being damaged or destroyed. If required, the handler will be billed for the expense of the additional cleaning, pest treatment, or repair/replacement of property required.
  •  Per financial account protocol, students cannot register for next semester’s classes and seniors cannot receive their diploma until financial responsibilities are met.

Managing Disability Conditions and Concerns of All Members of Wilmington College Community

The health and well-being of all members of the Wilmington College community, including building occupants, roommates, and suitemates, will be considered.

  • Members of the Wilmington College community with medical conditions(s) that are affected by dogs or other animals (e.g., respiratory diseases, asthma, severe allergies) are asked to contact Academic Services or Human Resources if they have a health-related concern about exposure to an assistance animal at Wilmington College. Students are encouraged to contact Academic Services as early as possible to afford adequate time for Housing to make arrangements if needed.
  • Roommates/suitemates must be made aware of the planned presence of an assistance animal in their residence by the individual seeking the accommodation. They will be asked to sign an agreement stating that they understand they will be living in the presence of an assistance animal and are aware of how to address concerns if needed.

Emergency Response 

In the event of an emergency, every effort will be made to keep the handler and their animal together. While all reasonable efforts should be made to keep the handler with the assistance animal, the emergency responders’ first responsibilities will be toward the handler and other students and employees, which could necessitate leaving the animal behind in certain evacuation circumstances.

To assist Campus Safety and Housing & Residence Life in the event of an emergency, handlers are required to provide to the Director of Accessibility and Disability Services or Human Resources Director the emergency contact information of another adult who can, and has agreed to, care for the assistance animal in the event the handler becomes incapacitated or is otherwise unable to care for the animal. The emergency contact may not reside in College housing. Handler are also asked to provide information regarding emergency contact information for the animal’s veterinarian. This information will be provided to Campus Safety and Housing & Residence Life.

Exclusion of an Assistance Animal 

Reasons for the exclusion of an assistance animal: Wilmington College may exclude ore revoke accommodation approval of an assistance animal from campus for the following reasons:

  • The animal is not under the direct control of the owner.
  • The animal is not housebroken.
  • The animal is out of control and the handler does not take effective action to control it.
  • The animal’s behavior is disruptive to its surroundings or other members of the College community.
  • If the animal causes harm or damage to the handler or others, it is the handler’s liability, and the College will be held harmless. In such instances, it would be recommended that the animal be immediately excluded from campus.
  • The animal poses a direct threat to the safety of others.
  • The animal’s presence fundamentally alters the nature of a program or activity.
  • The handler fails to comply with any of their responsibilities under this policy or the ESA Agreement.

Complaints regarding assistance animals: Any member of the Wilmington College community may submit a complaint about an assistance animal, identifying one or more concerns listed in the preceding paragraph.

  • Persons with concerns are to contact a member of Housing & Residence Life. A statement will be taken.
  • An investigation will be commenced by the appropriate department and a determination will be made with respect to any alleged violations of this policy. The determination will be provided to the owner and the individual submitting the complaint.
  • If the investigation determines that any provision of this policy has been violated by a student, the matter will be referred to the campus judicial process for Disciplinary Procedures for Non-Academic Violations consistent with the provisions of the Student Code of Conduct. If the investigation determines that any provision of this policy has been violated by an employee, the matter will be referred to Human Resources for further investigation.
  • In addition to the warnings and sanctions outlined in the Student Code of Conduct, a finding substantiating the violation of the policy may lead to the exclusion of the animal.