Emotional Support Animal (ESA)

Southern Adventist University complies with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 ("ADA"), and state and local law, in allowing the use of Service Animals for students. Southern Adventist University complies with the Fair Housing Act in allowing students the use of Emotional Support Animals that are approved as a reasonable accommodation. This policy applies only to a) Service Animals and b) approved Emotional Support Animals documented with Disability Support Services. These guidelines address animals utilized for disability purposes. These guidelines aim to articulate the conditions under which animals are permitted access to University grounds and/or facilities. 

*Emotional Support Animals are not permitted in University residences prior to receiving approval and completing all other required steps, as outlined below.
Generally, Emotional Support Animals are domesticated animals. Certain unusual animals pose unavoidable safety and/or public health concerns (i.e. animals that are poisonous, aggressive, etc.). Certain snakes, spiders, reptiles, and rodents fall into this category of animals. The release of such an animal could directly threaten the health or safety of other individuals living in the residence. These animals will not generally be approved as an ESA.

Service Animal: A service animal is a dog 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 animal must be directly related to the individual's disability. Providing emotional support, well-being, comfort, or companionship does not constitute work or tasks for this definition. 

Emotional Support Animal: An Emotional Support Animal (ESA) is any animal that provides emotional support, well-being, or companionship that alleviates or mitigates symptoms of an individual's disability. The animal need not be individually trained. ESAs are not limited to dogs and can be other species of animal, and ESAs are not considered service animals. 

Animals that pose health risks from zoonotic diseases or illnesses for which there are no preemptive vaccinations, are not commonly domesticated animals, OR carry a general chance of escape will not be allowed in student housing.

Handler: A person with a service or emotional support animal.

Service Animal

Service Animals are permitted on campus and in student housing when: the Handler has a disability as defined by the ADA, and the accompanying service animal is trained to do a specific task for the Handler. If the Handler is living on campus, the Handler must provide DSS proof of the animal's current vaccination and registration in Hamilton County, Tennessee, as required by state and local law. The University has the right to request/ask for the following:

 * Affirmation that the service animal is required due to disability.

 * A description of the specific tasks or work the animal has been trained to perform.

Emotional Support Animal Two-Step Process:

• Step 1: Determination whether the student qualifies for an ESA.
• Step 2: Approval of the animal student desires to bring as their ESA.

ESAs are permitted in Student Housing when:

• The Handler has a disability as defined by the ADA, and the Handler provides DSS with *reliable documentation of their disability, and there is an identifiable and documented nexus between the disability and the need for the ESA.
• Once all the documentation is received, ESA applications are submitted to the Housing Committee for consideration at their next scheduled meeting. If an ESA is approved, DSS will notify the student of the Housing approval.
• To ensure complete documentation, please ask your mental health provider to fill out the University's DSS Request for Information - Emotional Support Animal form.

Documentation submitted must state the diagnosed disability and come from a qualified and licensed mental health professional. Documentation must:

1. Be on professional letterhead and signed by the diagnosing professional.
2. Contain current and valid state licensure.
3. Be from a professional located close to the student's permanent residence or the campus of Southern Adventist University.
4. Indicate the length of time in treatment for the disability.
5. Provide appropriate documentation that an ESA is necessary and prescribed in the plan of care for the disability documented above. (Length of treatment time requires five (5) documented appointments within a minimum of at least three (3) months preceding the request for an ESA.)
6. Confirm that the animal is being prescribed as part of an ongoing treatment (i.e., counseling plan) for the individual or is a pet that is believed to benefit the individual while they reside on campus.
7. Explain what symptoms will be reduced by having an ESA.
8. Evidence that an ESA has helped the individual currently or in the past.
9. Statement of how important the ESA is for the individual's well-being while living in student housing.
10. Establish a documented need for an ESA annually.

Please Note: 

• Generally, documentation from a mental health care professional, who has only had limited encounters with the student, specifically intended to produce an Emotional Support Animal letter, is not considered reliable, as the professional-client relationship will often lack diagnostic rigor and the level of familiarity with the functional limitations arising from the diagnosis to support vital recommendations.
• The Federal Trade Commission (FTC) has been asked to investigate websites that purport to provide documentation from a healthcare provider in support of requests for an ESA. The websites in question offer for sale documentation that is not reliable for purposes of determining whether an individual has a disability or disability-related need for an ESA because the website operators and health care professionals who consult with them lack the personal knowledge that is necessary to make such determinations.
• Housing options may be limited as the University balances appropriate accommodations for students with disabilities along with students who have allergies and/or animal fears.
• The University does not approve more than one (1) ESA per student in a residential unit.
• An animal may be denied access if deemed too large for the available housing assignments.
• Documentation for an ESA is outside the scope of the University Counseling and Testing Center or anyone employed, in any capacity, by the University.

Handler Responsibility for Service Animals

• The handler is responsible for attending to and maintaining complete control of the Service Animal at all times.
• A Service Animal must wear a leash, harness, or cape identifying it as a Service Animal when on duty on campus, unless using such equipment interferes with the animal's ability to perform its duties effectively.
• The handler is responsible for covering the costs of care necessary for the Service Animal's well-being.
• The handler is solely responsible for the care of the Service Animal, including regular bathing and grooming.
• The handler must independently remove or arrange for the removal of the Service Animal's waste, following directions from Student Housing personnel.
• The handler must comply with local and state licensing laws, ensuring the Service Animal is current with immunizations and wears a rabies vaccination tag.
• The handler is responsible for any damage to University property caused by the Service Animal.

The University may restrict the presence of Service Animals in specific locations based on health, safety, or potential harm to the animal. These restricted areas may encompass, but are not limited to:

• Food preparation areas.
• Teaching or research laboratories.
• Classrooms or other facilities involving demonstration or research animals.
• Mechanical rooms or custodial closets, including boiler rooms, facility equipment rooms, electrical closets, elevator control rooms, and similar spaces.
• Areas requiring personal protective clothing or equipment.
• Areas posing a danger to the Service Animal, such as classrooms, wood/metal/machine shops with sharp objects, hot surfaces (e.g., molten metal or glass), areas with high dust levels, exposure to harmful chemicals or materials, or locations with moving machinery.
• Any other areas where the Service Animal may be at risk or pose a danger to persons or other animals.
• Areas where the presence of the Service Animal would necessitate a fundamental alteration of the University's program or activity.

Service Animals are generally allowed to accompany their owners freely throughout the University unless a specific area has been designated as unsafe.

Handler Responsibilities for Emotional Support Animals (ESAs):

• Handler is responsible for keeping the animal within the Handler’s residence. ESAs are only permitted on campus where other animals are allowed. ESAs are not permitted in University buildings.
• Responsible for keeping the ESA in an appropriate crate at all times when the Handler is not in the room with the animal.
• Attending to and being in complete control of the ESA when transporting the animal for elimination. The ESA must have a harness, leash, tether or be transported in an appropriate enclosure whenever it is outside of the resident room where it is housed. The ESA may be excluded from the University campus if it behaves in an unacceptable way and the Handler does not or cannot control the ESA. (Uncontrolled barking, jumping on other people, or running away from the Handler are some examples of unacceptable behavior for an ESA.)
• Handler is responsible for the actions of the ESA, including, but not limited to, any bodily injury or property damage.
• Handler is responsible for damages or required additional cleaning, such as pest treatment, as a result of having an ESA and is expected to pay these costs upon repair or cleaning.
• Handler must comply with local and state licensing laws regarding an ESA.
• Handler is responsible for ensuring that the ESA is current and up to date with all immunization and rabies vacination, and wearing a collar and rabies vaccination tag at all times.
• Handler must not leave the ESA unattended for an unreasonable length of time. Handler may not leave ESA overnight in the care of another student. Handler must take the ESA if they leave campus, or external arrangements for care must be planned in advance of their departure/absence.
• An ESA’s behavior, noise, odor, and waste must not exceed reasonable standards for a well-behaved animal. The ESA must be able to live with others and not interfere with others living in a reasonable manner. The ESA should not create unreasonable disruptions for other residents. If the noise (whining, barking, or meowing) is excessive, as judged by residence hall staff, it is grounds to remove the ESA from campus.
• The ESA must be fully housebroken.
• Cat litter boxes should be scooped daily, and at no time should an animal container or litter box be cleaned inside the residential halls.
• Handler is responsible for notifying DSS if the ESA is no longer needed.
• If an animal is found running at large, the animal is subject to capture, confinement, and immediate removal from University housing.
• Students approved for an ESA must provide the name and contact information of a third party who does not reside in University housing nor reside more than 20 miles from campus, and who is willing and able to take the ESA in the event of an emergency or removal of the ESA.
• The University retains the right to remove the ESA, at the owner’s expense, should the animal become a direct threat to the health and safety of others or violates these requirements in any way.

ESA accommodation requests must be renewed each academic year.
Renewals must include:

• Updated veterinary documentation for the ESA, and
• Updated documentation from the Handler's mental health provider.

Puppies and kittens are not generally considered nor approved as Emotional Support Animals (ESAs). Both dogs and cats are generally required to be at least 9 months old. In order to encourage responsible pet ownership, it is advisable for dogs and cats to be spayed or neutered before they are permitted in University housing.

• Handler is responsible for assuring that the ESA does not unduly interfere with the routine activities of the residence or cause difficulties for students who reside there.
• Excessive noises and behaviors such as barking, whining, chewing, scratching, and aggression will not be permitted.
• The ESA should not have access to another person’s belongings or private space and should be kept clean.
• Handler is responsible for instructing others on appropriate interactions with the ESA and setting clear expectations.

First Complaint: The Handler will receive a warning from appropriate Housing personnel, and the Handler is expected to rectify the situation and correct the behavior.

Second Complaint: Appropriate Housing personnel will conduct further assessment of the situation and the extent of impact to the community. The Handler will be referred to the Vice President of Student Development, and the Handler is expected to rectify the situation and correct the behavior. 

Third Complaint: The Handler will be referred to the Vice President of Student Development and will remove the animal from campus.

Abuse or Neglect

Any suspected or observed issues related to animal abuse or neglect will be reported to the proper investigating authorities and may subject the student to disciplinary action. If an ESA accommodation is forfeited due to neglect or abuse of an animal, or for failure to follow the guidelines, the Handler forfeit’s their right to be considered for another ESA accommodation. 

*Depending on the severity of the incident, the Handler may be referred to the Vice President of Student Development, and the animal may be removed from campus immediately without proceeding through the steps as outlined above.

Tennessee state law (Tenn. Code Ann. § 62-7-112) provides that persons accompanied by a Dog Guide in training may not be refused entrance to a place of public accommodation for the reason that the Dog Guide trainer is being led or accompanied by a dog guide in training, provided:

• The Dog guide trainer first presents for inspection credentials issued by an accredited school for training dog guides; and
• The dog guide in training, when led or accompanied by a dog guide trainer, is wearing a harness and is held on a leash by the dog guide trainer, or, when led or accompanied by a dog guide trainer, is held on a leash by the dog guide trainer.

*Service animals in training are not allowed in University housing or to be present in other areas of campus except those places where all students are welcome to bring pets unless accompanied by a dog guide trainer.