Service Animal and Emotional Support Animal Policy and Procedures
I. Scope and Application
A. Johnson & Wales University (JWU) has designed this policy and procedures to comply with Title III of the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), Section 504 of the Rehabilitation Act of 1973, and other applicable federal and state laws. The policy and procedures serve to ensure that individuals with disabilities who require the use of Service Animals or Emotional Support Animals will receive the benefit of the assistance provided by such animals. All university students and visitors must follow the policy and procedures.
II. Definitions
A. “Emotional Support Animal” means any animal that provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Such animals may also provide assistance or perform tasks for the benefits of a person with a disability; however, an Emotional Support Animal does not need to be individually trained or certified to perform any disability-related task. Emotional Support Animals are generally animals commonly kept in households for pleasure rather than for commercial purposes.
B. “Service Animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. The work or tasks performed by the dog must be directly related to the person’s disability. Emotional support, comfort, companion, or therapy animals are not considered Service Animals, because they have not been trained to perform specific work or a specific task. Under certain circumstances, a miniature horse may also qualify as a Service Animal to the extent required under applicable law. A dog that is in training to become a Service Animal is also a Service Animal.
C. “Disability” means a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being perceived as having such an impairment.
III. Policy
A. The university does not permit animals in any university buildings or on university transportation except as provided in this policy, as expressly provided elsewhere, or in limited circumstances approved in writing by the applicable campus president or such president’s designee. Students who bring unapproved animals into university-owned, operated, or leased buildings or university transportation are subject to disciplinary action up to and including expulsion. JWU generally allows individuals to bring Service Animals to university buildings and transportation to perform work or tasks related to a disability as described elsewhere herein in greater detail. In some cases, Emotional Support Animals that do not qualify as Service Animals under the ADA may be permitted in JWU housing if shown to be necessary to afford a student with a documented disability an equal opportunity to use and enjoy university housing.
B. Procedures Related to All Animals Governed by this Policy
1. All those seeking accommodations covered by this Policy must notify JWU immediately when they know or reasonably should know that they may need or seek an accommodation.
2. The care, handling, and responsibility for any animal under this policy (either a Service Animal or an Emotional Support Animal) on the JWU campus are the responsibility of the owner. Outlined below are expectations for the care, handling and responsibility by the owner:
3. Owners of animals must ensure they are clean, hygienic, in good health, and generally well cared for.
4. Owners are solely responsible for the cost and supervision of their animals, including ensuring and producing proof of: (i) compliance with any laws pertaining to animal licensing and owner identification, (ii) flea prevention, (iii) sterilization (spayed/neutered) for dogs and cats, and (iv) vaccinations for bordetella, distemper, fecal OVA, leptospirosis, rabies, parasite screening with negative result, and any other legally-required vaccinations.
5. Owners are solely responsible for keeping animals under control and taking effective action when they are out of control. Owners are solely responsible for the behavior of their animals, including any and all damage or injury to persons or property caused by the animal. In all cases, owners agree to hold harmless and indemnify the university for any damage or injury to others by their animals. In all cases, owners are solely responsible for their animals’ behavior and are subject to disciplinary action for violations of the policy and procedures outlined herein or for violations of other university policies and procedures.
6. Animals must be housebroken or, if not housebroken, must be confined to a cage or pen and must always be contained when the owner is not in the room. Owners are solely responsible for the cleanup of their animals’ waste and, when appropriate, disposal of the waste in areas and methods designated by the university consistent with the reasonable capacity of the owners. Waste disposal via university plumbing is prohibited in university academic or administrative buildings and residences. Generally, outside trash receptacles are appropriate. Please check with Residential Life or Facilities staff for additional guidance.
7. Food for the animal must be stored in an airtight container and be kept free of pests.
8. If the animal owner lives on JWU’s campus, the animal owner’s university residence may be inspected for pests once a semester or more frequently as determined by the university in its sole discretion. If pests are detected, the residence will be treated using a university-approved pest control service. Pest-treatment expenses incurred above and beyond standard pest management in the residence halls will be the sole responsibility of the animal owner. Additionally, cleaning and repair expenses incurred above and beyond standard cleaning and repair are the sole responsibility of the animal owner.
9. Animals may not be left overnight in a residence hall to be cared for by any person other than the animal owner of the particular animal at issue unless Agreement Related to Emotional Support Animals and Service Animals in University Housing is completed and on file with Residence Life.
C. Procedures Related to Service Animals
1. Students who need to have Service Animals on campus must notify Accessibility Services on their campus in advance of bringing the animal to campus. Accessibility Services will determine the appropriateness of a Service Animal based on whether a student has a disability and the role of the Service Animal. Students with Service Animals must review and abide by the university’s Care and Responsibility of Service Animals requirements.
2. Visitors to the university should notify the university of the need for a Service Animal in advance of bringing the animal to campus by notifying the Office Special Events & Operations (events@jwu.edu). The visitor may be asked whether the animal is needed because of a disability and what work or task the animal has been trained to perform.
3. Service Animals may travel with their handler anywhere on campus, including but not limited to academic spaces, dining and residence halls, fitness areas, libraries, and offices and clinics, unless the animal (i) poses a direct threat to the health or safety of others; (ii) is disruptive to the university community; or (iii) by its presence, fundamentally alters the program or space. Generally, Service Animals are not permitted in certain locations on campus including but not limited to certain areas where protective clothing is necessary, areas where there is a danger to the animal, custodial closets, laboratories, meal preparation areas, and mechanical rooms.
4. JWU will not require any fees or surcharges for Service Animals in JWU residence halls. However, Service Animals’ owners may be charged for damage caused by their Service Animals or pest remediation to the same extent that JWU would charge any person for damage caused to university property or pest remediation.
5. If the Service Animal will reside in a JWU residence hall with its owner, the owner must notify Residential Life in writing that the Service Animal will be present in university housing prior to bringing the animal to campus. Housing personnel will notify any roommates and suitemates of the owner and will make a reasonable effort to notify the residents of neighboring units to where the Service Animal will be located.
6. JWU reserves the right to require removal of a Service Animal for reasons such as the animal becoming consistently disruptive, remaining uncontrolled, appearing uncared for, and/or the student violating the policies or procedures related to Service Animals.
D. Procedures Related to Emotional Support Animals
1. Students seeking to bring an Emotional Support Animal into JWU housing must notify Accessibility Services on their campus in advance of bringing the animal to campus. Accessibility Services will determine the appropriateness of an Emotional Support Animal based on whether a student has a disability and whether the animal constitutes a reasonable accommodation. Students with Emotional Support Animals must review and abide by the university’s Care and Responsibility of Service Animals requirements.
2. Any individual requesting an animal will be asked to provide documentation of their disability which supports the need for an Emotional Support Animal. A request for an Emotional Support Animal must be completed for each new academic year, including all required medical documentation and other supporting documents.
3. A request for an Emotional Support Animal may be denied as unreasonable if the presence of the animal (i) imposes an undue financial or administrative burden on the university; (ii) fundamentally alters university housing policies; (iii) poses a direct threat to the health and safety of others; or (iv) would cause substantial property damage.
4. If the university approves the Emotional Support Animal for housing, the animal generally should be contained in the owner’s assigned living space, other than as required to be taken out for natural relief, during which time the animal must be in an animal carrier or controlled by a leash or harness.
5. The owner must notify Residential Life in writing that the Emotional Support Animal will be present in university housing prior to bringing the animal to campus. Housing personnel will notify any roommates and suitemates of the student, and will make a reasonable effort to notify the residents of neighboring units to where the Emotional Support Animal will be located.
6. JWU will not require any surcharges or fees for an Emotional Support Animal in JWU residence halls. However, the animal’s owner may be charged for damage caused by the Emotional Support Animal or pest remediation to the same extent that JWU would charge any person for damage caused to university property or pest remediation.
7. A student resident generally will be permitted to have no more than one Emotional Support Animal due to the combined residential living space.
8. JWU reserves the right to require removal of an Emotional Support Animal for reasons such as the animal becoming consistently disruptive, remaining uncontrolled, appearing uncared for, and/or the student violating the policies or procedures related to Emotional Support Animals.
IV. Policy Owners
Associate Dean for Student Life
Associate Dean for Student Counseling, Health, and Wellness
V. Effective Date
A. Original: August 2021
B. Revised: March 2024