Emotional Support Animal (ESA) Policy

Policy Statement

Although it is the policy of Walla Walla University that students are generally prohibited from having animals of any type in University Housing, Walla Walla University will consider a request by a student with a mental health disability, for reasonable accommodation from this prohibition, to allow the presence of an emotional support animal (ESA).

Walla Walla University will consider such modification of policy, as mandated by the Fair Housing Act (FHA), to ensure that the student has an equal opportunity to use and benefit from the Walla Walla University’s housing program.

This policy explains the specific requirements and parameters applicable to an individual’s use of an ESA, as defined below, in Walla Walla University Housing. It does not apply to service animals, whose presence on campus is explained in the Walla Walla Service Animal Policy.

Walla Walla University reserves the right to amend this Policy as circumstances require.

Reason for Policy

Under the Fair Housing Act (FHA) a person with a disability may keep an Emotional Support Animal (ESA) in the individual’s dwelling when there is an established need for the therapeutic nature of the animal that is connected to the individual’s disability. An ESA provides emotional support to persons with disabilities, who have a disability-related need for such support. The ESA is indicated as necessary for an individual with a disability by an appropriate and relevant healthcare professional. 

Students may qualify for this accommodation if: (1) the student has a documented disability; (2) the animal is necessary to provide the student with the disability an equal opportunity to use and enjoy their dwelling; and (3) there is an identifiable and documented nexus between the disability and the assistance that the animal provides. 

University will allow only those ESAs that are allowed by local and state laws and conform to standards within this agreement. Dangerous, poisonous, venomous, wildlife, and/or illegal animals are not permitted. Animals which can transmit diseases to humans or which cannot be vaccinated for such, are not allowed.

Scope

The presence of ESAs is assigned as a housing accommodation. All rules established for the assignment and support of housing accommodations under the University’s general Housing Accommodation Policy apply to the presence of ESAs, unless they are specifically contradicted in this policy.

The University will not ask the individual with a disability to pay a fee or surcharge for an approved ESA.

No ESA may be kept in Walla Walla University housing at any time prior to the student receiving approval as reasonable accommodation pursuant to this Policy. Animals found to be in residence prior to this formal approval must be removed immediately. Failure to abide by this restriction will be considered a violation of the Student Code of Conduct.

Students will be charged $100 per day for having an unapproved animal on campus.

Process and Criteria

Approval for having an ESA in residence is a two-step process. First, the student must establish their need for an ESA. Approval for a specific animal to serve in that role is a separate step. The student may need to consider an alternative to the requested animal. Generally, ESAs approved to reside in Walla Walla University dormitories are cats. Small dogs will be considered for Village Housing only, but Walla Walla University will consider requests for other commonly domesticated animals on a case-by-case basis.

In general, only one animal will be approved to serve as an ESA for a student.

Typically, only one animal may reside in a housing unit.

Dogs should be at least 12 months old. Cats should be at least 12 months of age. Cats and dogs must be spayed/neutered, before being brought into the residence hall. This standard may also apply to other animals as appropriate.

Even if the student with a disability establishes necessity for an ESA and it is allowed in University Housing, an ESA is not permitted in other areas of the University (e.g. dining facilities, libraries, academic buildings, athletic buildings and facilities, classrooms, labs, individual centers, common areas, etc.). Permission to bring an animal approved as an ESA into other areas on campus will be considered under a separate process through the Office of Disability Support Services.

Walla Walla University will accept and consider requests for reasonable accommodation in University Housing at any time. The individual making the request for accommodation should:

• Submit a request for an Emotional Support Animal via Accommodate.
  • Students with existing accommodation requests should log into Accommodate and submit a Supplemental Request under Accommodation.
  • Students without an existing accommodation request should submit an initial Request for Accommodation form.
• Upload the proper required documentation, as soon as practicably possible, before moving into University Housing. (DSS will issue the form for your provider once a request is submitted in Accommodate)
• If the request for accommodation is made fewer than 60 days before the individual intends to move into University Housing, Walla Walla University cannot guarantee that it will be able to meet the individual’s accommodation needs during the first semester or term of occupancy.
• If you don’t meet the deadline, we will be happy to accept your request, but we can’t guarantee there is anything we can do about it in that time frame.
• Students will be charged $100 per day for having an unapproved animal on campus.
• Walla Walla University cannot guarantee that it will be able to meet the accommodation needs during the quarter or term in which the request is received.

If the need for accommodation arises when an individual already resides in University Housing:

• The student should submit a request for an Emotional Support Animal via Accommodate.
  • Students with existing accommodation requests should log into Accommodate and submit a Supplemental Request under Accommodation.
  • Students without an existing accommodation request should submit an initial Request for Accommodation form.  
• DSS will issue the form for your provider once a request is submitted in Accommodate.
• Walla Walla University cannot guarantee that it will be able to meet the accommodation needs during the quarter or term in which the request is received.

Definition: Emotional Support Animal (ESA)

The University defines an emotional support animal (ESA) as an animal that provides emotional, cognitive, or similar support and thus ameliorates the effects of a mental health disability. An emotional support animal (ESA) is an animal the presence of which can ameliorate the effects of a mental health disability. Unlike service animals that are trained to perform specific tasks that are important to the independence or safety of their disabled handler, ESAs are generally not trained to perform disability-specific tasks. Their therapeutic support is a function of their presence and interaction with the person with a mental health disability. ESAs are not pets. Any request to bring an animal into housing that is not a service animal and does not fit this definition of ESA should be brought to the attention of disability support services, for individual review. This definition reflects the intent of both Federal and State resources.

Requesting an Emotional Support Animal (ESA)

1. A request is to be submitted via the Accommodate Portal, by the student
2. An executed Request for Information RE: Emotional Support Animal Form completed by a health care professional (e.g., psychiatrist, psychologists, clinical mental health counselor, LCSW, or physician) who is specifically licensed to practice in the state of Washington State, and who can state and certify objectively that the student has a mental or emotional disability and provide an explanation of how the animal provides support that alleviates the symptoms of the student's diagnosed disability is required.
3. Documentation should ideally confirm an ongoing therapeutic relationship. (Form to be obtained through DSS once a request for accommodation is submitted.)
4. Updated documentation will be requested annually, upon renewal, to verify the student's continued eligibility.
5. Documentation to be uploaded in the Accommodate portal by the student:
   1. Emotional Support Animal Form (To be updated annually by provider)
      1. A current vet report of good health/vaccination and proof of spayed/neutered (To be updated annually)
      2. Proof the animal is licensed with the City of College place, as applicable (According to city ordinance depending on where housing is located).
      3. A picture of the student with their pet and a picture of the animal crate. (To be updated annually).
      4. Emotional Support Animal Agreement executed and signed by the Owner of the ESA, Housing Representative, and Disability Support Services. (To be updated annually).

Note: Should the resident provide knowingly false information regarding the need for an ESA or refuse to follow appropriate directions from University personnel concerning their conduct in relation to the ESA, the University may refer the student to the Student Conduct Board for any decision regarding sanctions. 

Under the Fair Housing Act, a housing provider may request reliable documentation when an individual requesting the reasonable accommodation of an ESA and has a disability-related need for the accommodation that is not obvious or otherwise known. Some websites sell letters of support, certificates, registrations, and licensing documents for ESAs to anyone who answers certain questions or participates in a short interview and pays a fee. Generally, such documentation from the internet is not, in itself, sufficient to reliably establish that an individual has a mental health disability or support the finding that there is a disability-related need for an ESA.

1. Once the required documentation is uploaded the student should request a meeting with the Disability Support Specialist to discuss the accommodation and to review the animal agreement form and ESA Policy.
2. The student is then to meet with a Housing Dean to review the ESA Agreement and have it signed by Housing confirming inspection of the crate and compliance.
3. Once the agreement is signed by Housing, the student is to return the  agreement to the Disability Support Department for final signature.
4. The roommate notification will be sent, to determine if a roommate wants to approve or decline living with another student’s ESA. Residency arrangements will be determined (as applicable).
5. Once approved, the student will then be informed of the animal move-in date.

The process for approving an ESA may take up to 6-8 weeks. Requests for ESAs are to be received by DSS by June 1, for Fall Quarter. Mid-year ESA requests are to be received (with all necessary paperwork and appointments scheduled with DSS) at least six weeks prior to the start of the new quarter for which a student is requesting an ESA as an accommodation).

ALL steps must be complete prior to the Emotional Support Animal arrival.

If a student brings an animal to campus prior to obtaining permission, they will be directed to remove the animal from campus. Failure to abide by this restriction will be considered a violation of the Student Code of Conduct.

Students will be charged $100 per day for having an unapproved animal on campus.

Criteria for Determining if the Presence of an ESA is Reasonable

In considering whether to approve an animal for residence, the University will consider the following:

1. The space needed for the cage/crate in which the animal will be housed is too large for available assigned housing space.
2. The animal's presence is problematic for another individual living in housing (e.g., because of allergies or fears).
3. The animal’s presence is disruptive to the housing environment for other residents (e.g., because of noise or odors).
4. The animal is not housebroken or is unable to live with others in a reasonable manner.
5. The animal poses health risks from zoonotic diseases or safety concerns regarding containment that cannot be sufficiently mitigated for inclusion in the communal living setting.
6. The animal's vaccinations are not up-to-date.
7. The animal poses or has posed in the past a direct threat to the individual or others, such as aggressive behavior towards or injuring the individual or others; or
8. The animal causes or has caused excessive damage to housing
beyond reasonable wear and tear.

Emotional Support Animal Guidelines and General Responsibilities

If the University approves an Owner’s request to live with an ESA, the Owner is solely responsible for the custody and care of the ESA and must meet the following obligations.

1.  The Owner should consider the living environment and the appropriateness for their ESA. Living conditions an Owner may want to consider include, but are not limited to, number of stairs to/from the living space and outside, air temperature of the living space, available space for animal’s crate, typical noises in space (doors opening/closing, others talking, etcetera). Alterations to the living environment are not permitted to accommodate the ESA (i.e. removal of furniture, installation of air conditioning, etc.).
2. The Owner is required to ensure the animal is well cared for at all times. Any evidence of mistreatment or abuse may result in immediate removal of the ESA and/or discipline for the responsible individual.
3. The Owner is responsible for ensuring the ESA is contained, as appropriate when the Owner is not present.
4. The ESA must be contained (crate/cage) when the owner is not in the room. The university reserves the right to inspect the crate/cage. The crate must allow the ESA to fit through the opening effortlessly, comfortably stand with ease, turn around, and lie down with sufficient clearance above their head. Neither the animal nor the cage/crate and accessories can be washed in communal bathroom facilities.
5. Notwithstanding the restrictions set forth herein, the Assistance Animal must be properly housed and restrained, or otherwise under the dominion and control of the Owner at all times. No Owner shall permit the animal to go loose or run at large. If an animal is found running at large, the animal is subject to capture and confinement and immediate removal from University housing.
6. An ESA must be contained within the Owner’s privately assigned individual living accommodations (e.g., room, suite, apartment) except to the extent the individual is taking the animal out for natural relief. When an ESA is outside the private individual living accommodations, it must be in an animal carrier or controlled by a leash or harness at all times.
7. ESAs may not be left overnight in University Housing to be cared for by any individual other than the Owner. If the Owner is to be absent from his/her residence hall overnight or longer, the animal must be removed from campus. The Owner is responsible for ensuring that the ESA is contained, as appropriate, when the Owner is not present during the day while attending classes or other activities.
8. Emergency Contact: The Owner must identify, and provide contact information, for an Emergency Contact who does not reside in University Housing, and who will be responsible for taking charge of the ESA should the Owner be asked to remove the animal or is unable to care for the animal in the residence hall. This Emergency Contact must be prepared to take and remove the animal from the residence hall/campus housing, within 12 hours of notification. If the Emergency Contact cannot/will not pick up the ESA, the ESA will be removed to a local boarding facility and boarded at the Owner’s expense.
9. The Owner must abide by current city, county, and state ordinances, laws, and/or regulations pertaining to licensing, vaccination, and other requirements for animals. It is the Owner’s responsibility to know and understand these ordinances, laws, and regulations. The University has the right to require documentation of compliance with such ordinances, laws, and/or regulations, which includes a vaccination certificate. All documentation is required to be updated annually.
10. The Owner is required to clean up after and properly dispose of the animal’s waste in a safe and sanitary manner and, when provided, must use animal relief areas designated by the University.
11. An individual with a disability may be charged for any damage caused by the ESA beyond reasonable wear and tear to the same extent that the University charges other individuals for damages beyond reasonable wear and tear. The Owner's living accommodations may also be inspected for fleas, ticks or other pests, if necessary, as part of the University’s standard or routine inspections. If fleas, ticks or other pests are detected through inspection, the residence will be treated using approved fumigation methods by a University-approved pest control service. The Owner will be billed for the expense of any pest treatment above and beyond standard pest management in the residence halls. The University shall have the right to bill the Owner’s account for unmet obligations under this provision.

Removal of an ESA

The University may require the Owner to remove the animal from University Housing if:

1. The animal poses a direct threat to the health or safety of others or causes substantial property damage to the property of others;
2. The animal is not housebroken;
3. The animal’s presence results in a fundamental alteration of a university program;
4. The owner does not comply with the Owner’s responsibilities set forth in this policy; or
5. The animal or its presence creates an unmanageable disturbance or interference with the University community.

The University will base such determinations upon the consideration of the behavior of the particular animal at issue, and not on speculation or fear about the harm or damage an animal may cause. Any removal of the animal will be done in consultation with Disability Support Services.

If it is determined that the animal must be removed from the University Housing and the Owner fails to comply within 24 hours, the University may have the animal removed to the nearest, appropriate animal shelter. Additionally, failure to comply with the order for removal may result in a referral to Student Conduct for a violation of University Policy.

Students will be charged $100 per day for having an unapproved animal on campus.

Should the ESA 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.

Related Information

1. The Owner must fully cooperate with University personnel with regard to meeting the terms of this Policy and developing procedures for care of the animal (e.g., cleaning the animal, feeding/watering the animal, designating an outdoor relief area, disposing of feces, etcetera).
2. The Owner agrees to abide by all equally applicable residential policies that are unrelated to the individual’s disability such as assuring that the animal does not unduly interfere with the routine activities of the residence or cause difficulties for individuals who reside there.
3. The animal is allowed in University Housing only as long as it is necessary because of the Owner’s disability. The Owner must notify the Disability Support Services Office in writing if the ESA is no longer needed or is no longer in residence. To replace an ESA, the new animal must be necessary because of the Owner’s disability, and the Owner must follow the procedures in this Policy for consideration of a specific animal to serve as an ESA.
4. All requests and all documentation for ESA’s are to be updated annually.
5. University personnel shall not be required to provide care or food for any ESA including, but not limited to, removing the animal during emergency evacuation for events such as a fire alarm. Emergency personnel will determine whether to remove the animal and may not be held responsible for the care of, damage to, or loss of the animal.
6. The individual must provide written consent for Disability Support Services to disclose information regarding the request for and presence of the ESA to those individuals who may be impacted by the presence of the animal including, but not limited to, Residence Life personnel and potential and/or actual roommate(s)/neighbor(s). Such information shall be limited to information related to the animal and shall not include information related to the individual’s disability. 

Appeals/complaints arising under this policy shall be handled under the provisions of University Policy. If a student believes their accommodation requests have not been processed fairly, or they do not have access to accommodations, let DSS and the Student Development Center know as soon as possible. Concerns will be forwarded to Academic Administration, if necessary, who will direct the appeal to the appropriate committee for further administrative action. If satisfaction is not obtained, students may consult the Walla Walla University Grievance Policy. While students are encouraged to follow the internal grievance procedure to resolve complaints, they also have the right to file a grievance with the Office of Civil Rights (OCR) at any time. The Owner will be afforded all rights of due process and appeal as outlined in that process. 

 If the ESA is excluded from University Housing, the animal must remain off campus during any appeals process.