MERCYHURST UNIVERSITY
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1 MERCYHURST UNIVERSITY Reasnable Accmmdatin Requests: Assistance Animal Plicy I. Intrductin. Mercyhurst University is cmmitted t cmplying with its bligatins under the Fair Husing Act ( FHA ) and Sectin 504 f the Rehabilitatin Act f 1974 t ensure that a persn with a disability is granted reasnable accmmdatins in Mercyhurst University s husing rules, plicies and practices when such accmmdatins are necessary t affrd that persn equal pprtunity t use and enjy University wned r perated dwellings. Mercyhurst University generally prhibits the presence f animals in all University wned r perated husing. One such accmmdatin which may be requested by residents with eligible disabilities is that they be permitted t bring their assistance r emtinal supprt animal int University husing. This plicy utlines the standards and prcedures which must be fllwed in such a situatin. Every request will be analyzed by Mercyhurst University n a fact specific, case by case basis. The scpe f this Plicy applies t requests fr the accmmdatin f assistance animals in University husing under the FHA r Sectin 504. Assistance animals are smetimes referred t as assistive animals, supprt animals, therapy animals r emtinal supprt animals. This Plicy uses the term assistance animals with the intent t include all f these varius terms. The term assistance animals within the meaning f the FHA r Sectin 504 shuld be distinguished with the Americans with Disabilities Act term service animal which specifically excludes animals wh slely prvide emtinal supprt, well-being, cmfrt r cmpaninship. Requests fr service animals under the ADA must be made separately under a different prcedure. Fr mre infrmatin regarding service animals requests under the ADA, please cntact Alice Agnew, Directr f Equal Opprtunity Prgrams, aagnew@mercyhurst.edu, If a resident is apprved t bring an assistance animal int Mercyhurst University husing, the resident is n ntice the University disclaims any respnsibility r liability in the case f the animal being lst r stlen. II. Definitins. A. Assistance animal is defined by the United States Department f Husing and Urban Develpment as an animal that wrks, prvides assistance r perfrms tasks fr the benefit f a persn with a disability, r prvides emtinal supprt that alleviates ne r mre identified symptms r effects f a persn s disability. FHEO Ntice B. Disability is defined as a physical r mental impairment which substantially limits ne r mre majr life activities; a recrd f such an impairment; r being regarded as having such an impairment. This term des nt include current, illegal use f r addictin t a cntrlled substance. [NOTE: The Fair Husing Act uses the term handicap instead f the term disability. Bth terms have the same legal meaning. This Plicy uses the term disability which is mre generally accepted.] 24 CFR
2 C. Majr life activities are functins such as caring fr ne's self, perfrming manual tasks, walking, seeing, hearing, speaking, breathing, learning and wrking. 24 CFR D. Physical r mental impairment includes: Any physilgical disrder r cnditin, csmetic disfigurement, r anatmical lss affecting ne r mre f the fllwing bdy systems: Neurlgical; musculskeletal; special sense rgans; respiratry, including speech rgans; cardivascular; reprductive; digestive; genit-urinary; hemic and lymphatic; skin; and endcrine; r Any mental r psychlgical disrder, such as mental retardatin, rganic brain syndrme, emtinal r mental illness, and specific learning disabilities. The term physical r mental impairment includes, but is nt limited t, such diseases and cnditins as rthpedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrphy, multiple sclersis, cancer, heart disease, diabetes, Human Immundeficiency Virus infectin, mental retardatin, emtinal illness, drug addictin (ther than addictin caused by current, illegal use f a cntrlled substance) and alchlism. 24 CFR E. Substantially limits has been defined by the United States Department f Justice and the United States Department f Husing and Urban Develpment as being significant r t a large degree. Jint Statement f HUD and DOJ regarding Reasnable Accmmdatins under the Fair Husing Act (May 17, 2004). III. Eligibility Requirements. A. Residents may nt bring an assistance animal int University husing unless they cmply with the prcedures set frth in this Plicy and until they receive apprval frm Mercyhurst University s Divisin f Student Life. Failure t cmply with Plicy requirements will result in a delay f the determinatin f a resident s eligibility t bring the assistance animal int University husing. Residents will be required t remve their animal during the applicatin prcess. B. Residents can initiate the applicatin prcess regarding assistance animal requests with Alice Agnew, Directr f Equal Opprtunity Prgrams, aagnew@mercyhurst.edu, 300 Old Main, All required dcumentatin can be submitted at this lcatin. C. In rder t be eligible t bring an assistance animal int University husing, a resident must submit reliable written and dated dcumentatin frm a physician, psychiatrist, scial wrker r ther mental health prfessinal attesting t the fllwing: 1. The resident has a disability within the meaning f the Fair Husing Act i.e., the student has a physical r mental impairment that substantially limits ne r mre majr life activities. a. The prvider must identify the specific physical r mental impairment; b. The prvider must identify which majr life activity that physical r mental impairment limits; and c. The prvider must pine whether that impairment is significant within the meaning f federal law.
3 2. That the resident has a disability-related need fr an assistance animal. 3. A descriptin hw the animal wrks, prvides assistance, perfrms tasks r prvides emtinal supprt that alleviates ne r mre f the identified symptms r effects f the resident s existing disability. D. In additin t the dcumentatin described in Sectin III.B., the resident is als required t cmplete and submit fllwing dcumentatin: Assistance Animal Registratin Frm. Assumptin f Liability Statement. Veterinarian Verificatin Frm. E. Once the resident submits all f the dcumentatin and frms required by this Plicy, the Divisin f Student Life will make a determinatin either apprving r denying the request within ten business days frm the date the resident submits the dcumentatin. If the resident submits supplemental dcumentatin fr the University t cnsider, the Divisin f Student Life will make a subsequent decisin within ten business days frm the date the supplemental dcumentatin is submitted t the University. IV. Reasnable Accmmdatin Factrs. F. If a resident submits reliable dcumentatin prving s/he meets the eligibility criteria utlined in this Plicy, the University will mdify the n animals rule and authrize the resident t bring the assistance animal int University husing. This means the resident may bring the assistance animal int his/her dwelling unit and the cmmn use spaces within his/her dwelling unit building. The resident is nt authrized t bring the assistance animal int ther areas f campus, such as classrms, dining halls, auditriums, etc. This requested accmmdatin t the University s general rule is nt withut limitatin, hwever, as all requested accmmdatins must be reasnable. G. The University may nt apprve the requested accmmdatin r may revke prir apprval f an accmmdatin in the fllwing circumstances: If the specific assistance animal accmmdatin wuld r des impse an undue financial and administrative burden n Mercyhurst University. If the specific assistance accmmdatin wuld r des fundamentally alter the nature f the University s husing. If the specific assistance animal in questin pses a direct threat t the health r safety f thers that cannt be reduced r eliminated by anther reasnable accmmdatin. If the specific assistance animal in questin wuld cause substantial physical damage t the prperty f the University r f thers that cannt be reduced r eliminated by anther reasnable accmmdatin. By their nature, each f these circumstances is extremely fact specific and will be analyzed n a case by case basis. H. T assist Mercyhurst University in balancing the rights f a disabled resident requesting an assistance animal accmmdatin with the rights f ther residents t
4 use and enjy their dwelling, residents requesting r implementing an assistance animal accmmdatin must cmply with the fllwing requirements: 1. Resident must submit updated dcumentatin each academic year t prvide cntinued eligibility fr the requested accmmdatin. 2. Resident must submit dcumentatin which prves the assistance animal cmplies with all Pennsylvania and lcal animal rdinances which are nt therwise preempted by the Fair Husing Act and Sectin 504, including but nt limited t all vaccinatin requirements and lcal licensure requirements. Resident will be required t cmplete University Husing dcumentatin verifying the assistance animal has received all vaccinatins as recmmended by lcal licensed veterinarians, is free frm cmmunicable diseases and is prperly licensed n an annual basis. 3. By requesting t bring an assistance animal int University husing, the resident is cmmitting t taking prper care f the animal and ensuring its health, safety and welfare. If the University has reasn t believe the assistance animal is being neglected in any way (fr example, left unattended fr unreasnable perids f time, receiving inadequate nutritinal r medical care, etc.), University Husing will cntact the resident r their emergency cntact t address the issue/s and, pssibly, remve the assistance animal if it is determined the assistance animal health r safety is at risk. If this is nt successful, Mercyhurst University may ntify the City f Erie Animal Services Department fr apprpriate actin under Pennsylvania and lcal laws. Such actin may be taken by University Husing withut liability. Any cst f remving the assistance animal if the resident is nt present, and prir arrangements have nt been made by the resident fr the assistance animal t be remved r cared fr, shall be the respnsibility f the resident. 4. Dgs and cats apprved as assistance animals must wear current vaccinatin and a current license tags and persnal identificatin tags at all times. 5. Assistance animals must be husebrken. The resident is respnsible fr cleaning up all animal waste (bth indrs and utdrs) in a timely and effective fashin. Animals that are nt husebrken may nt be eligible t serve as an assistance animal. Additinally, the resident shall be fully and slely respnsible fr dispsal f animal waste. Failure t prperly dispse f animal waste will result in a charge f vilating University Husing plicies. Cntinued vilatins may result in evictin and/r lss f cntinued authrity t keep the assistance animal in University husing. 6. Assistance animals must be reasnably well-behaved; this includes n excessive r unreasnable barking, whining, scratching, chewing r aggressin as this type f behavir is likely t impact the ability f ther residents t use and enjy their University husing. If the assistance animal is in cmmn areas (such as study rms, living rms, etc.), the resident must make reasnable effrt t ensure the presence f the assistance animal is nt disrupting the enjyment r use f ther residents f their mutual living space. If cnflict arises between the resident with the assistance animal and ther residents living in the dwelling, Mercyhurst University Residence Life Office will wrk with all parties t attempt t find a reasnable slutin t the prblem. 7. The assistance animal must be under the cntrl f the resident, such as n a leash r in a carrier, whenever the assistance animal is nt enclsed in the private
5 sleeping area f the resident. The resident is respnsible at all times fr the actins f his r her assistance animal. Unless the assistance animal has als been qualified and registered with the University as a service animal under the ADA, the assistance animal is nly authrized t be present in the specific dwelling in which the disabled resident resides. 8. Assistance animals shall be clean and well-grmed s as nt t create health r safety issues with ther residents in the dwelling. Assistance animals must be free f fleas and ther parasites. 9. Resident is respnsible fr any damage caused by the assistant animal t the prperty f Mercyhurst University r thers. 10. If Mercyhurst University receives a reprt r cmplaint that an assistance animal is interfering with the reasnable enjyment f ther residents sharing the dwelling (e.g. allergies, phbias, religius preference, and need fr quiet, etc.), Mercyhurst University Residence Life Office will wrk with all parties t attempt t find a reasnable slutin t the prblem. 11. Assistance animals are nt permitted in any ther resident s private area (fr example, the rm in which they sleep) withut the express invitatin f that resident. 12. Residents with assistance animals will prvide University Husing with cntact infrmatin fr an alternative care giver if the resident is unable, r unwilling t prvide adequate care fr the assistance animal. V. Appeal Prcedure The purpse f the appeal prcess is t ensure that this Plicy is administered in a fair, nndiscriminatry and cnsistent manner. A resident may request an appeal f the determinatin f the Divisin f Student Life regarding requests fr assistance animals. T initiate an appeal, the resident must submit a written request fr appeal t Alice Agnew, aagnew@mercyhurst.edu, 300 Old Main, within five business days after receiving written ntice frm the Divisin f Student Life that the request fr accmmdatin has been denied. The appeal will be frwarded t the Vice President fr the Divisin f Student Life fr review. The Vice President fr the Divisin f Student Life, r his/her designee, shall cntact the student and schedule a date fr a hearing. The hearing will typically be held within ten business days frm the date the University receives the appeal and, in any event, the hearing will nt be unduly delayed. The Vice President fr the Divisin f Student Life shall issue a written decisin within five business days after the date the hearing is cmpleted. Residents als have appeal rights as set frth under the Fair Husing Act and Sectin 504 f the Rehabilitatin Act. # v2
6 ASSISTANCE ANIMAL REGISTRATION FORM Name f Owner: Permanent Address: City, State, Zip: Campus Address: Address: Registratin Start Date: Registratin End Date: Student ID Number: Cell Phne Number: Descriptin f Animal Name f Animal: Type f Animal / Breed: Age: Clr: Has the Assistance Animal ever bitten r shwn aggressin tward peple? If yes, when? Please describe the incident(s). Lcal Emergency Cntact Infrmatin By prviding the fllwing infrmatin, I understand that the Residence Life Office has the right (but nt the duty) t take my animal t the belw listed veterinarian in the event that I cannt be cntacted in an emergency. Veterinarian s Name: Address: Veterinarian Clinic: Phne Number: Assistance Animal Dcumentatin Checklist Assistance Animal Registratin Frm Animal Picture Assumptin f Liability Statement Alternate r Emergency Caregiver Dcumentatin frm a Mental Health Prfessinal Rm Cnditin Reprt Veterinarian Reprt License / Rabies Tag # Prf f Flea Cntrl (if applicable) Prf f Spaying / Neutering (if applicable) Vaccinatin Certificate / Sht Recrd Veterinarian Verificatin Frm (t be cmpleted by the Veterinarian) I have read the Mercyhurst University Animal Plicy, and I understand that failure t cmply with these guidelines may result in the revcatin f this registratin: Signature f Animal Owner Date Signature f Directr f Residence Life Date
7 MERCYHURST UNIVERSITY Residence Life Office Assumptin f Liability Statement I,, assume all respnsibility fr supervising the animal that I have registered with the Residence Life Office. Additinally, I assume any and all liability fr all actins f said animal. I agree I shall, at my wn expense, indemnify, defend and hld Mercyhurst University, its directrs, trustees, administratrs, emplyees, students, agents, affiliates, designees and assignees harmless frm and against any and all suits, causes f actin, prceedings, lss, damage, liability r expense, including defense csts and legal fees, and claims f any nature, including but nt limited t, damage t prperty and persnal injuries arising ut f r resulting frm my assistance animal s presence n Mercyhurst University prperty. Neither the Residence Life Office nr Mercyhurst University is respnsible fr supervising the registered animal, nr d they assume liability fr the actins f the animal. I agree and understand that Mercyhurst University is nt respnsible nr liable if the animal is lst, stlen r injured. I am prviding an alternate/emergency caregiver fr the animal shuld I be unavailable t address cncerns regarding the animal. Signature f Animal Owner Date Alternate r Emergency Caregiver Name: Address: Phne Number: City, State, Zip: Relatinship t Student:
8 VETERINARIAN VERIFICATION FORM (T be cmpleted by the Veterinarian) Veterinarian s Name: Clinic Name: Address: City, State, Zip: Phne Number: Fax Number: Assistance Animal Infrmatin: Owner s Name: Animal s Name: Type f Animal and Breed: Sex: Spayed/Neutered: Please check all that apply: Canine Vaccinatins DHLPP + C (Distemper, Hepatitis, Leptspirsis, Parvvirus, Parainfluenza, Crna) Brdatella Rabies Other: Feline Vaccinatins FVRCP (Panleukpenia, Rhintracheitis, Calicivirus, Chlamydia) FeLV (Feline Leukemia) Brdatella Rabies Other: I verify the abve mentined Assistance Animal has all current vaccinatins as required. I verify that all the abve vaccinatins will remain current thrugh ne year. I verify that the abve mentined animal has been given a stl sample test fr internal parasites. I verify that the abve animal is in general gd health. Veterinarian Signature: Date:
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