D'iorio, marcus equity action project

Equity Action Project

Emotional Support/ Comfort Animals At the Cleveland Institute of Art

Marcus D’Iorio

Kent State University

Running Header: Equity Action Project

College and University campuses today combined both an academic setting with a

residential setting for those students who decide to reside on campus. Residential settings on

college campuses have different names based on their institution. These names range from

Office of Housing and Residence Life, Office of Residence Life, Office of Residence Life and

Housing, and Residential Services. All of these names mean the same thing, an office that

provides oversight of the operation of the residence halls and when applicable off campus

college or university run housing. From a business perspective residence life on a college

campus is considered an auxiliary service, as it provides a product for the student at an additional

cost beyond the stated tuition amount for a college or university. Many times these offices work

collaboratively with other offices on campus. In addition, the rules that govern the residence

halls is the same as the Student Code of Conduct that the school may have. However, almost

always, the Offices of Residence Life have additional rules that surround the conduct of residents

within the residence hall.

One of the rules that is implemented in virtually every residence life hall system is no

pets except for fish are permitted. This is due to the type of setting and set up that the majority

of residence hall have. While modern residence halls have started to increase the square footage

of each room over the past few decades, the majority of housing, especially for first year

residential students is a small room of limited square feet. For example, Kent State University’s

Manchester Hall, which is part of the Eastaway complex has a double occupancy room

dimension of 11 feet by 17 feet (Kent State University, 2015). Allowing an animal (not

including a service animal to reside in the room), could cause potential danger to not only the

residents but also to the animal due to the confined space. While this is not the only reasoning

behind the no pets policy, there is no general consensus as to why it was originally implemented

2


or when from the research that I was able to conduct. However, while the no pet policy has been

seen as a normal condition for living on campus for years, it is starting to be challenged by

students recently.

Within the residential settings, within the past decade, there has been an increase in the

amount of students who are requesting to have an emotional support animal reside with them in

their residence hall room at various colleges and universities across the country. This is due to

an increase in students who have received doctor referrals and recommendations to have an

animal in a college residence hall room as an emotional support animal. This national trend has

a variety of implications for residence life on a college campus in that there have already been

two lawsuits against colleges and universities for not allowing an emotional support/ comfort

animal filed. The University of Nebraska at Kearney was sued and there is an ongoing lawsuit

against Kent State University. Both universities were sued under violations of the Fair Housing

Act of 1968 and the Americans with Disabilities Act.

In August 2014, when I started my current role as the GA Hall Director at The Cleveland

Institute of Art the institute did not allow animals anywhere on the colleges grounds. The only

exception to it was when the Office of Student Life and Housing brought in therapy dogs from

the University Hospitals Case Medical Center. The dogs where brought in to help students with

finals, and were available for the students for about two hours during one of the days leading up

to finals. Over the course of the last year and into the first part of the Fall 2015 semester, there

have been a few instances where an emotional support animal has been requested. In one

instance a student with no documented disability through our Learning Support Services

Coordinator had brought her dog with her on campus and into her academic studio for her major.

This continued for about two week before an officially stop was put to it so that the institute

3


could review policies. Even after this two week policy review period, and into the fist part of the

Fall 2015 semester no policy was in place outlining the different requirements of the student in

the form of an official request were in place. As we move forward though the Fall 2015

semester, there was an increase of requests for an emotional support/ comfort animal. For the

equity action project, I realized that it would be important to have some form of formal request

contract system in place.

Throughout this process I ran into different roadblocks that changed part of the direction

that I took for the project. As a starting point, I met with our Learning Support Services

Coordinator who helped to bring me up to date on what the institute was currently doing. In the

beginning of the project I found out that the Learning Support Services Coordinator was in the

final stages of creating an institutional policy around emotional support/ comfort animals. This

was due to the documents being written and waiting for final sign off from the institute lawyers

which happened in the middle part of the semester. It was at this point that I realized that we had

no official system in place once a student has requested the animal if they are living on campus

in the residence hall. With no system in place it created an inequity for our residential student

population, if they were to be approved by the new institutional policy. For the project, I

realized that in order foster a transition from an inequitable state to an equitable state the

institution needed an official contract for the residence hall, but also an outline of how the

information was to transmitted to the Director of Student Life and Housing.

During the research part of the project, I was asked by my supervisor to work on a

contract for emotional support/ comfort animals within the residence hall. However, as a starting

point for my research I looked at the result of the University of Nebraska- Kearney lawsuit and

the current state of the Kent State University lawsuit to see what they did, and to learn from

4


them. This came about due to Johnson’s 2006 chapter on What Can We Do in which he talks

about not reinventing the wheel and to see what others have done in order to learn from it

(Johnson 2006). Tying in the information that I had gained from the two lawsuits, combined

with my research from after the lawsuits, and from talking with our Learning Support Services

Coordinator there was an apparent need for the contract to be equity minded. To be equity

minded, the contract needed to set out the guidelines for being allowed to have and emotional

support/ comfort animal in the building, and what the other roommates where not required to do.

This was important to have in the contract, as the student who would be allowed to have the

animal in the room would turn into the majority, as they are getting permission for something

that is above the normal operating practice of the hall. In order to prevent the other roommates

in the room from having to share the responsibility if something was to happen due to the animal

being present it was important to have them be included in both the contract as well as the

notification process. This will allow the roommates to be able to realize the impact that it has,

but also give them the opportunity to switch rooms if possible as well as understand that they

will not be held liable for any issues that arise. By having the roommates aware of this, it

allowed for an equaled and equitable understanding of what was required of the roommate to

have an emotional support/ comfort animal in the room, but also what the remaining roommates

rights are.

In addition however, by granting the student the ability to have an animal with her in the

building, it will show that the institute is equity minded in that we are compassionate about our

students, and even though they could have a medical reason for the request we will do what we

can within reasonable accommodations to allow the student to be able to feel safe and supported

while in the residence hall. As an department if we were to not allow any emotional support/

5


comfort animals in the residence we would be excluding a population of students who would

directly benefit from it. In the Quillin 2014 presentation on disability and accessibility services,

there is a section on reasonable accommodation for students with disabilities. Reasonable

accommodation could come in different forms for students who wish to have an emotional

support/ comfort animal with them on campus. For us as a department by having a contract

granting the student the ability to have an emotional support/ comfort animal in the residence

hall we are providing reasonable accommodation to the student in a manner that does not impede

on other students. This will minimize the impact of the animal on the community at large. If

though, the animal does become disruptive to the community as outlined in the contract, the

department has the right to ask the emotional support/ comfort animal to be removed from the

hall. However, this would not be the best for the student. As a institute we have a second

building that we sublease to students that has single apartments. If needed this could be a

possibility if the conditions of the original confront for the main residence hall is broken.

While it is current practice to not make students aware of the possibility to have an animal with

them in the residence hall environment, if the student eventually does bring the animal to

campus, the scope of the project could have a bigger impact than the original intention.

At the current stage of the project, it is in a holding pattern until the student decides to

bring an emotional support/ comfort animal to the campus. While it looks like we may be able to

actually implement the project in spring semester, there is no guarantee. This project though

directly relates to me in that I could have a hand in how we as a institute handle an emotional

support/ comfort animal in the residence hall. Due to the nature of the request, it is important

that all of us who have now become involved remember that we are here to support the student,

and future students who may make such a request. This will enable us to become empowerment

6


agents as outline by Alicia Dowd and Estela Mara Bensimon in their book Engaging the “Race

Question” Accountability and Equity in U.S. Higher Education. To become an empowerment

agent will allow for the us to be able to take a conscious based approach and work to help the

student (Dowd & Bensimon, 2015). In return we will be able to help the student overcome an

obstacle that they may currently face. To overcome the obstacle, the student and any future

students with the same request will be able to have the ability to have a normal academic

experience while at the Cleveland Institute of Art

The project was designed so that the contract is written in a way that at any point in the

future after I leave, the Division of Student Affairs will be able to pull the contract up on any

computer from our departmental servers. This ability was crucial for future impact, that it

needed to be hosted in an environment in which anyone who is involved with the decision

making for an emotional support/ comfort animal is able to open it to show the student both

before they decide to bring an animal to campus, but also after when they need to get the

appropriate signatures. Currently though, the project has been successful in that the student was

made aware of what they will be required of her in order to bring the animal to campus, but also

what they will be responsible for once the animal is on campus.

While we could say that the project was a success so far, there are a few concerns and

legal problems that could come about because of the request for an emotional support/ comfort

animal in the residence hall. The first is due to the residence hall not being owned by the

Cleveland Institute of Art, but instead owned by the developer who built it. In the developers

contract for other residential marketplace apartments in the area that are the same set up they

only allow a cat as a pet. While this issue would be beyond my capacity for this project and

beyond my capacity for my graduate assistantship position it is important to recognize that there

7


could be an issues with the developer and that the institute will need to have clear evidence when

informing the developer about the animal and what they will be responsible for due to FHA and

ADA.

The current moment, it will be hard to know if the desired outcome of the project will be

seen due to the holding pattern that the overall project is currently in. In the future, though, to

know that this project would have a positive impact for the institute would be to see the state

from the time a student first arrives at the institute, though the request for an emotional support/

comfort animal, and finally to the end of year and even end of they time at the institute. This

would be seen in how their overall mental health has changed. While this is hard to tell without

the student explicitly saying it made a difference, there could be some subtle clues that the

faculty and staff could be able to pick up on as the student progresses through their four years.

Throughout this process I have come to realize that when you are working with students

who have a disability, it is easier to figure out reasonable accommodations for them, then to

outright say no to accommodating them. When looking towards the future, I am hoping to stay

within the field of residence life and housing and move into a professional residence hall director

role. This project has had immediate and impactful importance to not only my current role, but

also professional development as a whole in that if I was to encounter a situation like this in the

future I will have already had some knowledge on the request. By writing a contract and

working on the different policies that will be associated with allowing an emotional support

animal on campus in the residence hall, it has pushed my personal views and expand my

knowledge surrounding emotional support animals. If a situation was to come up, I would gather

the necessary information, including a list of possible reasonable accommodations for them, and

present it to my supervisor for review. Looking at this project in retrospective, while difficult to

8


implement as it would be an institutional change, I realized that we as a field within residence

life and housing need adapt to what the modern college student is requesting, and what the

modern laws are saying that we need to do when someone with a disability requests to have an

emotional support/ comfort animal in the residence halls. This issue will never go away, in that

over the next decade we may see an increase in the amount of requests. Having this experience

now has allowed me to see what is needed, but also to figure out what the best strategies are and

what we need to do in order to accommodate the request.

The next steps for this project if it was to move forward would be for the student to

inform the department that they wish to bring an emotional support/ comfort animal to campus.

After that, they would be given the contract to review, sign, and get signed by their roommates.

At that point the contract would become effective, and the student who requested to have an

emotional support/ comfort animal with them on campus becoming liable for damages that the

animal may cause. In addition the developer of the residence hall would have to be informed.

For my position with the project, I would discuss which student has an emotional support/

comfort animal in the hall but not inform them as to why due to FERPA regulations. This would

be needed due to the nature of a residence hall, and informing the resident assistant staff of the

emotional support/ comfort animal being present, so that they do not unintentionally write up the

student or inform them that they animal has to leave the hall. By informing the resident assistant

staff of the emotional support/ comfort animal being present, I would be able to give them a set

of guidelines to use to talk about it with other resident if the other resident had brought up the

subject. These guidelines are not written yet, nor will they be written until we have confirmation

as to what the student’s intentions are, and what the emotional support/ comfort animal could

possibly be.

9


Overall this project has changed my perceptions on what our mission is within any

residence life and housing office, but also what we need to do in order to provide reasonable

accommodations for students who live on campus with us. In this situation it is important that

we think of Justice as Care as our equity, in that by caring for the student and providing

reasonable accommodations we are providing the student with the same opportunities as a

regular student may have.

10


References

Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008. (2009). Retrieved December 16, 2015, from http://www.ada.gov/pubs/adastatute08.htm

Department of Justice sues KSU. (2014, September 8). Retrieved December 16, 2015, from https://www.documentcloud.org/documents/1301543-department-of-justice-sues-ksu.html

Dowd, A., & Bensimon, E. (2015). Introduction. In Engaging the "race question": Accountability and equity in U.S. higher education (1st ed., p. 176). New York City, New York: Teachers College Press.

Fair Housing -- It's Your Right - HUD. (n.d.). Retrieved December 16, 2015, from http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

Fair Housing Act. (n.d.). Retrieved December 16, 2015, from http://www.justice.gov/crt/fair-housing-act-2

Fair Housing And Equal Opportunity. (n.d.). Retrieved December 16, 2015, from http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp

Fernandez, C. (2014, September 17). Justice Department sues KSU for violating Fair Housing Act. Retrieved December 16, 2015, from http://www.kentwired.com/latest_updates/article_1a3f3ff6-3ee7-11e4-98fb-0017a43b2370.html

Fine, A. (2011). Handbook on animal-assisted therapy theoretical foundations and guidelines for practice (2nd ed., p. 552). San Diego, California: Academic Press.

Hoffman, C. (2015, October 20). Pets in the residence halls? Fredonia's 'emotional support animals' policy. Retrieved December 16, 2015, from http://fredonialeader.org/dailynews/pets-in-the-residence-halls-fredonias-emotional-support-animals-policy/

Johnson, A. (2006). What Can We Do? In Privilege, Power, and Difference (2nd ed., p. 184). McGraw-Hill.

Justice News. (2011, November 23). Retrieved December 16, 2015, from http://www.justice.gov/opa/pr/fair-housing-lawsuit-filed-against-university-nebraska-kearney-discrimination-against

Justice News. (2015, September 3). Retrieved December 16, 2015, from http://www.justice.gov/opa/pr/justice-department-and-university-nebraska-kearney-settle-lawsuit-over-rights-students

11

http://fredonialeader.org/dailynews/pets-in-the-residence-halls-fredonias-emotional-support-animals-policy/

http://fredonialeader.org/dailynews/pets-in-the-residence-halls-fredonias-emotional-support-animals-policy/

http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

https://www.documentcloud.org/documents/1301543-department-of-justice-sues-ksu.html

https://www.documentcloud.org/documents/1301543-department-of-justice-sues-ksu.html

http://www.ada.gov/pubs/adastatute08.htm


Lawsuit over therapy dog raises questions about university housing | Inside Higher Ed. (2013, December 13). Retrieved December 16, 2015, from https://www.insidehighered.com/news/2011/12/13/lawsuit-over-therapy-dog-raises-questions-about-university-housing

Maintaining an Emotional Support Animal in the Residence Halls. (2015, October 20). Retrieved December 16, 2015, from https://www.fredonia.edu/reslife/ESAPolicy.pdf

Milenski, J. (2015, November 2). Emotional Support/ Comfort Animals [Personal interview].

Quillin, D. (2014, March 18). Overview of Student Accessibility Services. Lecture presented in Dr. Iversion's HIED 66671 Class, Kent.

Room Diagrams. (n.d.). Retrieved December 16, 2015, from http://www.kent.edu/housing/room-diagrams

Search ADA.gov. (n.d.). Retrieved December 16, 2015, from http://www.ada.gov/2010_regs.htm

Trasvina, J. (2013, April 25). Service Animals and Assistance Animals for People with Disabilities in Housing and HUDFunded Programs. Retrieved December 16, 2015, from https://assets.documentcloud.org/documents/1302630/servanimals-ntcfheo2013-01.pdf

12

https://assets.documentcloud.org/documents/1302630/servanimals-ntcfheo2013-01.pdf

https://www.fredonia.edu/reslife/ESAPolicy.pdf


Appendix AAdapted From SUNY Fredonia

Cleveland Institute of Art, Office of Student Life and HousingEmotional Support Animal Agreement

The following requirements apply to all students and their approved emotional support animals living in the Uptown Residence Hall residence halls unless the nature of the documented disability of the student precludes adherence to these requirements. For the purpose of this agreement, the term “emotional support animal” includes “assistance animals” under the FairHousing Act (FHA).

Under the FHA, individuals with a disability may been titled to keep an “assistance animal” as a reasonable accommodation in housing facilities provided the assistance animal is necessary to afford the person with a disability an equal opportunity to use and enjoy on campus housing or participate in the housing service and if there is an identifiable relationship between theindividual’s disability and the assistance the animal provides.

Animal Behavior and Approval for an Emotional Support Animal

1.1 A student needs to obtain approval for an emotional support animal by completing a request with the Coordinator of Learning Support Services in the office of Academic Services. The request should include certificates of vaccination, a copy of the animal’s registration or license, and other information listed in this document.

1.2 An Emotional Support Animal is granted provided that their behavior, noise, odor, and waste do not exceed reasonable standards for a well-behaved animal and that these factors do not create unreasonable disruptions to the residence hall community.

1.3 Dangerous, poisonous, or illegal animals are not permitted.

1.4 The approved emotional support animal must be contained within the private residential area at all times, except when transported outside the private residential area in an animal carrier or controlled by a leash, harness, carrier, or other tether.

Animal Health and Well-being

2.1 All emotional support animals must be in good health and have all veterinarian-recommended vaccinations to maintain the animal’s health and prevent contagious diseases. Documentation of vaccines is due at time of approval. The Office of Student Life and Housing reserves the right to request an updated verification at any time during the animal’s residency.

13


2.2 State/local licenses are required for the emotional support animal. They must be obtained and kept in compliance with local jurisdiction requirements. The Office of Student Life and Housing reserves the right to request proof of licensing at any time.

2.3 All emotional support animals, if taken outside the private residence area, must be leashed and wear identification tags with contact information and, if applicable, vaccination information.

2.4 All emotional support animals must be housed in acceptable conditions within the residential area (e.g. an appropriately sized crate).

2.5 All emotional support animals must be treated humanely. If mistreatment is reported, the Director of Student Life and Housing will review the report with the student. Any reports of mistreatment may also include judicial action.

Animal Cleanliness

3.1 The student is responsible for properly containing and disposing of animal fecal waste.3.1.1 Indoor animal waste, such as cat litter, must be placed in a sturdy plastic bag and

tied securely before being disposed of in the dumpsters behind the residence hall. Litter boxes must be placed on mats so that feces and urine are not tracked onto floor surfaces.

3.1.2 Outdoor animal waste, such as dog feces, must be immediately retrieved by the student, placed in a plastic bag and securely tied before being disposed of in the dumpsters behind the residence hall.

Student Responsibilities

4.1 The student must register with Learning Support Services and receive approval for an accommodation to have each emotional support animal in residence hall facilities prior to having the animal enter the facility. Regular review of the student’s individual needs will be conducted at the discretion of the Coordinator of Learning Support Services in the office of Academic Services

4.2 The student is responsible for ensuring that the animal does not interfere with the routine activities and daily operations of the residence hall or cause difficulties for students or staff who reside and work there. Sensitivity to individuals with allergies and to those who fear animals is critical to the participation of the residence hall community.

4.3 The student is financially and legally responsible for the actions of the emotional support animal such as bodily injury or property damage, including, but not limited to, any replacement of furniture, carpet, drapes, etc. The Office of Student Life and Housing shall have the right to bill the student’s account for repair, replacement, and other costs.

14


4.4 The animal must be boarded should the student leave the residence halls for more than 24 hours. Should the student be away from the residence hall for more than 10 hours due to academic requirements, adequate arrangements for the animal to have appropriate care must be made by the student.

4.5 The assistance animal must interact and behave well with other assistance animals without incident.

4.6 The student is responsible for any expenses that are required due to costs incurred for cleaning that is above and beyond normal cleaning, or for repairs to academic facilities and housing facilities that are assessed after vacating the residence. The Office of Student Life and Housing has the right to bill the student’s account for all damages or deficiencies with the room condition.

4.7 The student is responsible for any medical bills associated with an interaction with the emotional support animal, for any property damages another person incurs as a result of the animal’s behavior.

4.8 The student’s residence may be inspected for fleas, ticks, or other pests once per term or as needed. The Office of Student Life and Housing will schedule the inspection. If fleas, ticks or other pests are detected through inspection, the residence (which may extend beyond the student’s private residential area) will be treated using approved fumigation methods. The student will be billed for the expense of any pest treatment reasonable deemed necessary by the Cleveland Institute of Art as a result of the emotional support animal.

4.9 The student must notify in writing of the Coordinator of Learning Support Services in the office of Academic Services and the Director of Student Life and Housing if the emotional support animal is no longer needed. To replace an emotional support animal, the student must file a new request with of the Coordinator of Learning Support Services in the office of Academic Services.

4.10 All roommates/suitemates of the student must sign an agreement allowing the emotional support animal to be in residence with them. In the event that one or more roommates do not approve, either the student and the emotional support animal or the non-approving roommate(s), as determined by the Director of Student Life and Housing, may be moved to a more suitable location.

4.11 The Office of Student Life and Housing has the right to relocate the student and emotional support animal as necessary per current contractual agreements.

4.10 The student agrees to continue to abide by all other housing policies as outlined in the housing agreement. An exception to a policy that otherwise would prohibit having an animal does not constitute an exception to any other policy.

15


4.11 Any violation of these policies will be reviewed by the Director of Student Life and Housing, and be subject to the conduct procedures. The student will be afforded all rights of due processes and appeals as outlined in that process. Notwithstanding such rights, the Cleveland Institute of Art has the right to correct immediately any potentially harmful situation, including removal of an emotional support animal or entry into the student’s residential area.

4.12 Should the assistance animal be removed from the premises for any reason, the student is expected to fulfill his/her housing obligations for the remainder of the housing contract.

4.13 The emotional support animal must be kept in the student’s assigned room and cannot be taken to other private residential areas within the residence hall.

4.14 The Cleveland Institute of Art may ask the student to remove the emotional support animal from the premises if the animal is not housebroken or if the animal is out of control and the student does not take effective steps to control it. If the emotional support animal bites another person without provocation or demonstrates unprovoked aggressive behavior toward another person or animal (even if there is only a single occurrence of said behavior), the Cleveland Institute of Art has the right to require the student to remove the assistance animal from Institute property.

4.15 The Cleveland Institute of Art is not required to allow emotional support animals as defined under the FHA anywhere on institute grounds other than in the residence hall facility that is occupied by the person with the emotional support animal.

Indemnification

5.1 The student agrees to defend, indemnify, and hold harmless the Cleveland Institute of Art from and against any third party claims, liabilities, lawsuits, or actions (collectively, “Claims”)(including without limitation Claims by the student’s roommates), arising out of actual or alleged bodily injury, death or property damage caused by the student’s emotional support animal. For the purposes of this paragraph, the Cleveland Institute of Art includes their affiliated and related entities and their past, current, and future trustees, officers, directors, board members, shareholders, agents, representatives, attorneys, insurers, employees, successors and assigns.

16


Additional Responsibilities

6.1 If applicable, any of the attached additional responsibilities or provisions required by individual circumstances as outlined by the Office of Student Life and Housing will be subject to this agreement.

__________________________________Student Printed Name and Date

__________________________________Student Signature and Date

__________________________________Director of Student Life and Housing Signature and Date

As a roommate/suitemate of a student with an approved emotional support animal (as defined in the above agreement), I understand the following:

1) My roommate is solely responsible for the emotional support animal and all responsibilities and requirements set forth by The Cleveland Institute of Art. I assume no financial or legal responsibility for the actions of the assistance animal such as bodily injury or property damage, including but not limited to any replacement of furniture, flooring, blinds, etc.

2) I agree to allow the assistance animal in the room or suite and have no known allergies to the animal. If I should change my mind or develop allergies to the animal, I will be required and agree to move to another on-campus space. The Office of Student Life and Housing will take into account my preferences without guarantee and will make my placement as space permits.

3) I am responsible for reporting any violations of this agreement to The Office of Student Life and Housing immediately and will participate in the student conduct process or any legal action, should the information I report warrant my involvement.

__________________________________ __________________________________Student Printed Name and Date Student Signature and Date

__________________________________ __________________________________Student Printed Name and Date Student Signature and Date

__________________________________ _________________________________Student Printed Name and Date Student Signature and Date

17


Appendix BDocuments provided during interview, with current CIA Policy

Dear Healthcare Provider,Your client, , is requesting a housing accommodation that would permit an emotional support animal in a residential facility at the Cleveland Institute of Art. The review process for this housing accommodation includes the following:

student verification of a disability, a written request from the student, and verification of the need for a housing accommodation by a healthcare

provider

The healthcare provider verification form is attached. As you complete this form, please bear in mind the welfare of both the student and the animal. In most cases, rooms are typically shared with three other students, and the size of a typical suite is approximately 15 x 11’ for the bedroom and 15 x 12’ for the common area. This, of course, means that the animal will be confined to a kennel or cage any time the student is in class or away from the residence.It is also important to consider the fact that a residence hall is the living space for many students. There are students who may have allergies, a fear of some animals, or religious principles that pertain to living with animals. In addition, a pet that barks incessantly or whines frequently would have a negative impact beyond the student’s room.If you have questions regarding the nature of the information needed for students with disabilities, please call the Learning Support Services Office at 216-421-7462, Monday through Friday 8:30 a.m. — 4:30 p.m.Thank you for your assistance in completing this form. Please return the completed document by mail, fax, or email as directed at the end of the form.

Sincerely,

Jill MilenskiLearning Support Services CoordinatorCleveland Institute of Art

18


Healthcare Provider Verification of Need for Residence Hall Accommodations-Emotional Support

Animal

Student Name

Date of original contact with student:_________________________

Date of last contact with student:

Medical/Psychological Diagnosis:

Please describe the symptoms associated with this diagnosis:

19

Impact of Condition on Residential Life

Please identify the following: residential abilities or functions that are compromised by the

disorder the severity of these issues, and interventions that have been tried to ameliorate these symptoms

Suggested Accommodations:

Note: Final determination of appropriate accommodations will be determined by the Residence Life and Learning Support Services offices and in accordance with the law. The recommended accommodation must be accompanied by an explanation of its relevance to the diagnosed disability.

Name of Certifying Professional

Professional Title

Date:

License/Certification# and Issuing State__

Completed forms can be sent, emailed or faxed to the Learning Support Services Office:

The Cleveland Institute of ArtAcademic Services Office/Learning

Support Services11610 Euclid Ave.

Cleveland, Ohio 44106Confidential Fax: 216-754-3385

Learning Support Services Coordinator—

Jill Milenski [email protected] 216-421-7462

mailto:[email protected]

Running Header: Equity Action Projec

4-20-15

Documentation for Emotional Support Animal

Date ____/____/____

Student Information

Name of student requesting emotional support animal _______________________________________________

Student’s Campus Address (if applicable) _______________________________________________

_______________________________________________

Cell Phone # ____________________________________

Emotional Support Animal Information

Species of Animal (dog, cat, etc.) __________________________________________

Breed of Animal ________________________ Sex of Animal: Male ___ Female ___

Name of Animal _______________________________________________________

Documentation Requirements Documentation from physician prescribing emotional support animal has been provided.

Annual wellness exam verification for animal has been provided.

Current record of immunizations for animal has been provided.


CIA Service Animal and Emotional Support Animal Policy

It is the policy of The Cleveland Institute of Art, in accordance with the provisions set forth by Title IX of the Higher Education Act (1972 and as amended), Section 504 of the Rehabilitation Act of 1973, and other federal regulations, not to discriminate on the basis of race, color, creed, national or ethnic origin, gender, sexual orientation, age or disability, in employment practices, administration of educational policies, admission, scholarship and loan programs, and other college-administered programs and activities.

Pets and other animals are restricted on the CIA campus. Students requesting an accommodation of a service animal as established and defined by the Americans with Disabilities Act (ADA), shall not be excluded from CIA housing, facilities or activities.

Requests for emotional support animals (animals that individuals with disabilities utilize for emotional support, well-being, or comfort) are reviewed on a case-by-case basis.

Requests for Accommodation:

Students should make requests to have a service or emotional support animal in CIA facilities to the Learning Support Services Coordinator, Cleveland Institute of Art, 11610 Euclid Avenue, Cleveland, OH 44106, at least 30 days prior to the start of the semester for which the request is being made. When it is not readily apparent that an animal is a service animal as defined by ADA, or an emotional support animal under the Fair Housing Act (FHA), Learning Support Services may require sufficient documentation to determine which definition is appropriate to the animal. This process may include additional conversations between Learning Support Services staff and the requesting student.

Service Animals:

Definition: Service Animal


Under ADA, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. ADA defines a service animal as a dog individually trained to 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 trained or untrained, are not considered services animals (with the exception of miniature horses). The work or tasks performed by a service animal must be directly related to the handler’s disability. 1 According to the U.S. Department of Justice and Disability Rights Ohio-(http://www.disabilityrightsohio.org/service-animals), 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; assisting during a seizure; alerting to the presence of allergens; retrieving items, such as medicine or the telephone; providing physical support and assistance with balance and stability to

a person with a mobility disability; and helping a person with a psychiatric or neurological disability by

preventing or interrupting impulsive or destructive behaviors.

Documentation and Inquiries Regarding Service Animals:

By law, the Institute is entitled to make the following inquiries to determine if an animal qualifies as a service animal:

Is the animal required because of a disability? What work or tasks has the animal been trained to perform?

When it is not readily apparent that the individual has a disability or whether an animal meets the definition of a service animal, the Institute may require the student to submit documentation from the treating health care provider and the organization that trained the animal, with the following information:

the individual has a disability for which the animal is necessary how the animal assists the person, including whether the animal has

undergone any specific training related to the task(s) the relationship between the disability and the assistance the animal

provides2

Responsibilities of the Student with a Service Animal:


The service animal must be under the control of its handler. A harness, leash, or other tether must be used unless the handler is unable because of the disability to use a harness, leash, or other tether, or if the use of a harness, leash, or other tether interferes with the service animal’s safe, effective performance of the work or task. In such cases, the service animal must remain under the student’s control, by means such as voice control.

The student must provide care and supervision of the service animal. The Institute is not responsible for the animal’s care or supervision.

All students are responsible to clean up after and properly dispose of their animal's feces while on campus.

The animal must not be placed in a location blocking access for others. It is the handler's responsibility to ensure that the service animal is in

good health, clean, free of fleas and ticks, and is at all times in compliance with all Ohio state laws and requirements associated with licensing, vaccinations, and other health regulations.

Exceptions:

The Cleveland Institute of Art may ask a student with a disability to remove a service animal from the premises if the animal is out of control and the student does not take effective action to control it, or if the animal is not housebroken. If CIA properly excludes a service animal, it must give the student the opportunity to obtain goods, services, and accommodations without having the service animal on Institute property.

Emotional Support Animals:

Definition: Emotional Support Animal

An emotional support animal provides companionship, affection, security, calming influence, and emotional support, or otherwise functions as part of a regimen of prescribed psychological treatment. Federal law does not give a student the right to have an emotional support animal on campus except in housing as required; only service animals are recognized under Section 504 of the Rehabilitation Act and ADA. While a college or university may be required to reasonably accommodate an emotional support animal in a residence hall or campus-operated apartment under FHA regulations, the institution is not required to permit an emotional support animal in other areas or buildings on campus unless the animal also qualifies as service animal under ADA and Section 504 of the Rehabilitation Act.3


Emotional Support Animals and Housing Accommodations:

The Fair Housing Act (FHA) governs emotional support animals in campus housing.4 Students requesting an emotional support animal as an accommodation under FHA should submit documentation from the treating health care provider with the following information, and submit the documentation to the Learning Support Services office:

the student has a disability; the animal is necessary to afford the student with the disability equal

opportunity to use and enjoy the dwelling; and there is an identifiable relationship or nexus between the disability and

the assistance the animal provides.

Emotional Support Animals in Campus Facilities other than Housing:

Requests to have emotional support animals in facilities other than housing will be considered on a case-by-case basis, should include the documentation elements noted above, and be submitted to the Learning Support Services office.

Responsibilities of the Student with an Emotional Support Animal:

The emotional support animal must be under the control of its handler. A harness, leash, or other tether must be used.

The student must provide care and supervision of the emotional support animal. The Institute is not responsible for the animal’s care or supervision.

All students are responsible to clean up after and properly dispose of their animal's feces while on campus.

The animal must not be placed in a location blocking access for others. It is the handler's responsibility to ensure that the animal is in good

health, clean, free of fleas and ticks, and is at all times in compliance with all Ohio state laws and requirements associated with licensing, vaccinations, and other health regulations.

Removal of an Animal from Campus:

The Cleveland Institute of Art may ask an individual with a disability to remove an emotional support animal from the premises if the animal is out of control and the handler does not take effective action to control it, or if the animal is not housebroken.


Failure to meet these responsibilities may result in termination of permission to have the emotional support animal in housing or other areas on campus.

Grievance Procedure:

Students who wish to appeal a denied request for use of a service or emotional support animal should follow the grievance procedure outlined below:

A student with a documented disability, as defined by the ADA and the Rehabilitation Act, who is denied any requested accommodation or service by the LSS Coordinator can appeal the matter in writing to the Dean of Student Affairs. The statement should be a specific as possible about the nature of and basis for the appeal. In reviewing the appeal, the Dean of Student Affairs may interview the student and other appropriate parties, request documents or other materials and conduct appropriate reviews. The Dean of Student Affairs shall attempt to resolve the grievance as promptly as possible. It is expected that normally this will take place with five (5) business days. The decision of the Dean of Student Affairs will be considered final.

Accommodations recommended by the Learning Support Services Office and established by the student’s documentation will continue while grievance is pending.4-20-15Footnotes:1 http://www.ada.gov/service_animals_2010.htm 2 http://www.disabilityrightsohio.org/service-animals 3 http://counsel.cua.edu/fedlaw/nacuanoteserviceanimalsupdate.cfm 4 http://www.nacua.org/documents/FHA_Memo_ServiceAnimals.PDF

http://www.nacua.org/documents/FHA_Memo_ServiceAnimals.PDF

http://counsel.cua.edu/fedlaw/nacuanoteserviceanimalsupdate.cfm

http://www.disabilityrightsohio.org/service-animals

http://www.ada.gov/service_animals_2010.htm


Requirements of Emotional Support Animals (ESAs) and Their Owners

Required Documentation

Registration Required: A student requesting an emotional support animal (ESA) on campus must be registered with Learning Support Services as a student with a documented disability. The need for an emotional support animal must be registered with Learning Support Services by means of prescribing documentation from a physician. A student in residence in Uptown or the 115 Apartments must also furnish the following form: Healthcare Provider Verification of Need for Residence Hall Accommodations-Emotional Support Animal.

Identification and Other tags: The animal must have tags or some other method of indicating ownership and rabies clearances.

Health and Vaccinations: The animal must be clean, in good health, and have an annual well care visit with a licensed veterinarian. All vaccinations must be current. Proof of vaccinations and written verification of the animal’s good health is to be provided by a licensed veterinarian, on business letterhead, and must be filed with the Learning Support Services Office annually. CIA reserves the right to remove from campus an animal that is ill.

Care and Responsibility for the ESA

Essential care: The student is responsible for caring for the emotional support animal by providing fresh water and appropriate food on a daily basis.

The student is responsible for finding an alternative location and caretaker for the animal during an extended absence from campus.

Grooming: The animal must be well groomed, and measures should be taken at all times for flea and odor control.

Physical control: The student with an ESA must be in full control of the animal at all times. The care and supervision of the animal is the sole responsibility of its owner. The animal must be maintained and used at all times in ways that do not create safety hazards for other persons. When an ESA animal is left unattended in a student’s room, it must be kenneled or restrained in an appropriate cage. It is the


responsibility of the owner to ensure that others are not disrupted by an unattended animal (e.g., excessive noise, smells, physically threatening). The animal should respond to voice or hand commands of the student. The animal should be unobtrusive to other individuals in the learning and living environment. The student assumes responsibility for injuries inflicted to any individual. Biting or other aggressive behaviors on the part of the emotional support animal will not be tolerated.

Campus Property Responsibility

The owner of the animal is financially responsible for the actions of the animal including bodily injury or property damage including, but not limited to, any replacement of furniture, carpet, wall coverings, etc. This could include extensive damage to floors and carpets from animal paws that are not kept clean. The owner is expected to pay all costs for repair and/or cleaning. In addition, the owner may be asked to move out if the damage is deemed excessive and/or the result of negligence and will be billed for costs incurred above and beyond a normal cleaning or repair.

Cleanup: The owner of the ESA is responsible for removing the animal’s feces from the designated relief area and for properly disposing of the feces in a prearranged container. If the animal is litter trained, the owner must dispose of the contents of the litter box regularly and in a designated container.

Residential Requirements

Inspection of student’s residence: The owner’s room may be inspected for fleas, ticks, or other pests as needed. The room will be treated if fleas, ticks, or other pests are detected, and the owner will be billed for the inspection and for pest treatment.

Roommate approval: If there is a roommate, that individual must sign an agreement allowing the ESA to be in residence. In the event of disapproval, either the owner and the animal or the non-approving roommate will be moved to a more suitable location.

Removal of an Animal from CampusThe Cleveland Institute of Art has the right to require an individual with a disability to remove an emotional support animal from the premises if any of the above obligations are not satisfied.

Agreement between the Student and the Cleveland Institute of Art


By my signature below, I verify that I have read, understand, and will abide by the guidelines outlined above. I further agree to provide any additional information required to complete my Emotional Support Animal request.

________________________________________ Name – please print

______________________________________ _________________________Signature Date

______________________________________ _________________________Learning Support Services Date

_______________________________________ _________________________Director of Student Life & Housing (if applicable) Date

4-20-15