I. Purpose

Evangel University is committed to providing access to housing and programs. This policy establishes the process and procedures to enable students with a disability to reasonably introduce their Assistance or Service Animal into the housing community. It establishes requirements for animal behavior, animal health and well-being, and animal cleanliness. Students must submit prescribed forms a minimum of 30 days prior to move-in day for the semester that the Assistance or Service Animal will arrive on campus. Updated forms are to be submitted within 24 hours of any change in the information about the animal. No Assistance Animal may be kept in University housing at any time prior to the individual receiving approval as a reasonable accommodation pursuant to this Policy.

Policy

This policy applies to all students, live-in staff and their Assistance or Service Animal that resides, or is seeking to reside, in the residential facilities of Evangel University (hereinafter “University”).

Terms

“Assistance Animal” will be used in accordance with the Fair Housing Act (FHA) and will be considered synonymous with the following terms often used in referring to an Assistance Animal: Comfort Animal, Companion Animal, Emotional Support Animal, Support Animal, Therapy Animal, etc.

“Service Animal” will be used in accordance with the Americans with Disabilities Act (ADAAA) as amended.

The following chart provides a quick reference guide as to the distinction between Service and Assistance Animals:

Note: Emotional distress resulting from having to give up an animal because of a “no pets” policy does not in and of itself qualify a person for an accommodation. Appropriate documentation of a disability is required.

II. Definitions

“Disability”: The term “disability” means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (42 U.S.C.A. § 12102)

• Major Life Activities includes, but is not limited to:

  Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

• “Being regarded as having such an impairment”:

  An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

  Impairments that are transitory and minor do not qualify. A transitory impairment is defined as an impairment with an actual or expected duration of 6 months or less.

“Assistance Animal”: Animals that work, provide assistance, or perform tasks necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program; or animals that provide emotional support that alleviates one or more identified symptoms or effects of a person’s disability. (Source: U.S. Dep’t of Hous. & Urban Dev., HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs (2009).

Further, there must be a relationship, or nexus, between the individual’s disability and the assistance the animal provides. The individual with a disability may be permitted to keep an Assistance Animal as a reasonable accommodation in housing facilities that otherwise impose restrictions or prohibitions on animals.

In order to qualify for such an accommodation, the Assistance Animal must be necessary to afford the individual an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program.

An Assistance Animal is not a Service Animal and unlike a Service Animal, an Assistance Animal does not require training to assist a person with a disability with activities of daily living.

“Service Animal”: 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 a Service Animal must be directly related to the resident student’s disability.

A Service Animal may reside in a University Residence Hall/Apartment with its student partner provided that its behavior and care does not create unreasonable disruptions for residents, employees, and other University community members. Disruptions, including noise levels, will be addressed by Residence Life staff in the same manner as with all students. A Service Animal is permitted in all areas of the University where the person it serves is permitted.

An Assistance Animal may reside in a University Residence Hall/Apartment with its student partner only after the student partner has submitted required forms and has received written approval by EU’s Center for Student Success and Housing Office/Community Life Office provided that its behavior and care does not create unreasonable disruptions for residents, employees, and other University community members. Disruptions, including noise levels, will be addressed by Community Life staff in the same manner as with all students. An Assistance Animal is not permitted in other areas of the University (e.g. dining facilities, libraries, academic buildings, athletic buildings and facilities, classroom, labs, individual center, etc.).

Pets and any dangerous, poisonous, unregistered, unlicensed, and/or illegal animals are not permitted. Fish in small aquariums are allowed in accordance with the Student Handbook.

Service Animal Approval and Registration

A Service Animal does not need approval to accompany the student handler on campus, as long as it is readily apparent that the dog is trained to do work or perform tasks for the benefit of an individual with a disability. If it is not obvious that the animal is required because of a disability, the student partner may be asked:

• If the animal is required because of a disability, and
• What work or task the animal has been trained to perform.

Documentation Not Required The University shall not require documentation that the animal has been certified, trained, or licensed as a Service Animal. The University may not make these inquiries about a Service Animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

To reside in student housing, the dog must be registered with the university. The student partner is required to complete the forms outlined below.

Assistance Animal Approval and Registration

An Assistance Animal may be permitted to reside in a University Residence Hall/Apartment with its student partner only after the student partner has submitted the required forms and received written approval from EU’s Housing Office.

An Assistance Animal will be approved for an individual provided the following conditions are met:

• The person has a documented disability as recognized by the Center for Student Success.
• The Assistance Animal must be necessary for the resident with a disability to have equal access to housing and the accommodation must also be reasonable.
• There is an identifiable relationship or nexus between the disability and the assistance the animal provides.
• All required forms are submitted to the Housing Office.
• EU’s Center for Student Success and Community Life are notified of the request.
• The Assistance Animal does not impose an undue financial and/or administrative burden to the University.
• The Assistance Animal does not alter an essential element of the University housing policies.
• The Assistance Animal does not pose a direct threat to the health and safety of others nor is there a reasonable basis to believe the animal could potentially cause substantial property damage to the property of others, including, but not limited to, Resident Life property.

The following factors, among others, may be considered to assist in housing assignments, and as evidence to determine whether the presence of the Assistance Animal is necessary to accommodate the disability of the student partner.

1. The size of the animal is too large for available assigned housing space*;
2. The animal’s presence would evict another individual from individual housing (e.g., serious allergies);
3. The animal’s presence otherwise violates another individual’s right to enjoyment;
4. The animal is not housebroken or is unable to live with others in a reasonable manner;
5. The animal’s vaccinations are not up-to-date;
6. The animal poses or has posed a direct threat to the student partner or other individuals, including but not limited to, aggressive behavior, which may or may not include personal injuries, toward the student partner or others;
7. The animal causes or has caused damage to a University residence hall or rental property beyond what is normally considered reasonable wear and tear.

*The maximum weight is generally considered to be 40lbs. Smaller animals are encouraged due to the very limited space in housing facilities.

Required Forms

WARNING! There are individuals and organizations that sell service animal certification or registration documents online and some will even provide alleged medical documentation of a disability after a brief phone interview. These services can be costly and are not recognized as legitimate by the University, the ADA or the DOJ.

Requests for Assistance or Service Animals in EU’s residential facilities are made by completing the following and submitting to the Housing Office:

1. Registration: Complete the Assistance and Service Animal Registration Form.
2. Verification of a disability and accommodation request (Assistance Animal only): Attending healthcare provider for the disability must complete the Assistance or Servical Animal Health Care Provider Form.
3. Veterinarian Verification Form: Veterinarian must complete the attached form, which may then be submitted by the student partner.
4. Personal Attendant Agreement Form: If applicable, personal attendant must complete the form and the student partner must submit it.
5. Roommate Acknowledgement Form: This form is to be completed if the roommate is known; otherwise the form will be forwarded to the student partner’s roommate(s) for completion prior to finalization of assignments.

Process

The student must complete and submit all of the necessary forms listed above to the Housing Office. If you require assistance in completing the forms or wish to make the request orally, please contact the Director of Academic Support at the Center for Student Success at 417-865-2815 ext. 8272. The Housing Office will keep a record of all requests.

Upon receipt of all required information, the Housing Director will forward the documentation to the appropriate persons for further review and processing.

We will make a prompt decision on your request. If the request is of a time-sensitive nature, please let us know and we will expedite the decision-making process. In the event we need additional information to make a determination, we will promptly advise you of the information needed. It is Evangel University’s policy to seek only the information necessary to verify whether you are a person with a disability and/or to evaluate if the reasonable accommodation is necessary to provide you an equal opportunity to use and enjoy Evangel University housing. If we grant the request, you will receive a letter so indicating.

Assistance Animal Request: The Center for Student Success will retain the Assistance Animal Disability & Accommodation Verification form in its files. If the request is approved, the Office will sign the Assistance and Service Animal Registration form and return all remaining original forms to the Housing Office for final approval.

Service Animal Request: The Center for Student Success will review Assistance Animal Disability & Accommodation Verification Form and notify the Housing Office regarding approval.

EU will not limit room assignments for individuals with Assistance Animals to any particular building or buildings because the individual needs an Assistance Animal because of a disability.

IV. Conflicting Conditions

Roommates with medical condition(s) that are affected by the animal’s presence (e.g., respiratory diseases, asthma, and severe allergies) should contact the Community Life Office or Housing Office to address any health or safety related concerns associated with their exposure to the animal. The Housing Office will seek to make reasonable accommodations for individuals with such medical conditions that require accommodation when living in proximity to Assistance/Service Animals in a timely manner.

The Housing Office will make reasonable efforts to notify the members of the residential community when an Assistance/Service Animal is present. The conflicting conditions, needs and/or accommodations of all persons involved will be considered and coordinated to the best of the department’s ability in the approval process.

University housing is unique in several aspects including the mandatory assignment of roommates for most individuals and the mandate that individuals must share a room or suite. To ensure that the presence of Assistance Animals is not an undue administrative burden or fundamental alteration of University housing, EU reserves the right to assign an individual with an Assistance Animal to a single room without a roommate.

V. Emergency Response

Should an emergency situation occur that requires evacuation or other action from the student partner and an emergency response team be called, the team’s primary efforts will be toward ensuring the safety of the student partner and all other humans, which may necessitate leaving the animal behind. Emergency personnel may not be held responsible for the care, damage to or loss of the animal. Refer to the Emergency Response Agreement in the Forms Section below for more detailed information.

VI. Appeals and Grievances

If the request for an Assistance or Service Animal in University Housing is denied, the University will provide you with a letter stating all of the reasons for the denial. If we believe that the requested accommodation poses an undue financial and administrative burden or a fundamental alteration to the nature of University operations, we will schedule a meeting at a mutually convenient time to discuss possible alternative accommodations that would not impose such a burden or result in a fundamental alteration. Evangel University will ask you to accept an alternative accommodation only if you agree it meets your disability-related needs. We recognize that an individual with a disability is generally in the best position to know whether or not a particular accommodation will be effective in meeting his or her needs. If agreement on an alternative accommodation is not reached, we will send you a letter providing Evangel University’s decision on your requested accommodation and a detailed explanation of our reasons for a denial or decision to grant an alternative accommodation.

Any person dissatisfied by a decision concerning an Assistance/Service Animal may appeal the decision to EU’s Vice President for Student Development.

If an individual with a disability believes that the request has been denied unlawfully or a response has been unreasonably delayed, then he or she may file a complaint by writing or calling any of the following:

Department of Housing and Urban Development
Kansas City Regional Office
400 State Avenue
Room 200
Kansas City, KS 66101-2406
(Office covers western portion of MO; for eastern portion of MO, see St. Louis, MO)

Jennifer Tidwell, Regional Administrator
Tel: (913) 551-5462
Fax: (913) 551-5469
Email: KS_Webmanager@hud.gov

Springfield Commission on Human Rights and Community Relations
1514 S. Glenstone
Springfield, MO 65804

Betty Parnell, Executive Director
Tel:(417) 882-3738
Fax: (417) 887-1892

VII. Public Etiquette Towards Service or Assistance Animals

It is okay to ask someone if she/he would like assistance if there seems to be confusion; however, faculty, staff, students, visitors and members of the general public should avoid the following practices:

• Petting an Assistance/Service Animal, as it may distract them from the task at hand.
• Feeding the Assistance/Service Animal.
• Deliberately startling the Assistance/Service Animal.
• Separating or attempting to separate a Handler from his/her Assistance or Service Animal.

VIII. Community Standards

Animal Behavior

1. The Assistance/Service Animal must be under the controlof its student partner or Handler at all times while on University property, including, but not limited to, within the University Residence Halls/Apartments. It is expected that the animal will be controlled by a leash, harness, or appropriate device (tank, cage, etc.) at all times while on or in University property, unless performance of the animal’s work or tasks related to the student partner’s disability require the animal to be off-leash/harness. The animal may be off-leash/harness or outside of an appropriate device within the confines of the student partner’s bedroom when the student partner is present, but must remain under the control of the student partner or Handler and must be leashed/harnessed/confined at all times when outside of the bedroom or apartment if living alone, or if a roommate(s) requests leashing/harnessing/containment. When the animal is unattended, it must remain in the student partner’s bedroom, or apartment if living alone, and be kenneled or housed in an appropriate device (tank, cage, etc.).
2. Assistance/Service Animals may not be left overnight in University housing to be cared for by any individual other than the student partner. If the student partner is to be absent from his/her residence hall overnight or longer, the animal must accompany the student partner.
3. A University Official may exclude/remove an Assistance/Service Animal at his or her sole discretion when it 1) poses a direct threat to the health or safety of others; or 2) results in an alteration of an essential element of a University program. Additionally, the Director of Community Life has the ability to relocate the student partner/handler and the animal as necessary when the animal poses a direct threat to the health and/or safety of others, or if the failure to do so would force a relocation of another student under a contractual agreement, or for any other reason the Director reasonably believes warrants relocation.
4. If the animal is in ill health, habitually unclean, or if the animal displays unruly or disruptive behavior, a University Official has the authority to temporarily or permanently exclude an Assistance/Service Animal from its grounds or facilities. The University has adopted a “one-bite policy” which requires an Assistance/Service Animal be removed from University property after a single occurrence of biting or other aggressive behavior. If the animal is deemed an immediate threat to the health and safety of others, the decision to exclude an Assistance/Service Animal from the residential facility will be made exclusively by the University Official on Duty. If not considered an emergency, the decision to remove the animal will be made by the Community Life and Housing Office after evaluating information collected from all parties involved.
5. An Assistance Animal must be contained within the privately assigned individual living accommodations (e.g. room, suite, house or apartment if living alone) except to the extent the student partner or handler is taking the animal out for natural relief. When an Assistance Animal is outside the private living accommodations, it must be in an animal carrier or controlled by a leash or harness. Assistance Animals are not allowed in any University facilities other than the residence hall or apartment to which the student partner is assigned. Assistance Animals are not permitted in residence hall lobbies or other common areas.

Animal Health and Well-Being:

1. The student partner is required to ensure the animal is well cared for at all times. Any evidence of mistreatment, abuse, neglect, or leaving the animal unattended for unreasonably long periods of time may result in immediate removal of the animal and/or discipline for the student partner. University personnel shall not be required to provide care or food for any Assistance Animal or Service Animal including, but not limited to, removing the animal during emergency evacuation for events such as a fire alarm.
2. Vaccinations and tags. Student partners of Service Animals and Assistance Animals must adhere to the Springfield Municipal Code, sections 18-51 and 18-52 regarding vaccinations, tags and all other stipulations. Student partners must submit documentation of vaccinations before August 1 for the Fall semester and December 1 for the Spring semester.
3. Assistance Animals are required to wear identification tags with the student’s name and campus address when taken outside the residence for natural relief.
4. Animals that are ill should not be taken into public areas. A student partner with an ill animal may be asked to leave University facilities or remove the animal from campus. Upon reasonable suspicion that the animal is ill, Community Life may require an examination by a veterinarian, at the expense of the student partner.

Animal Cleanliness

1. Student partners are responsible for taking effective precautions to avoid flea and tick infestations. If the animal is found to have fleas or ticks, the student partner will be responsible for eliminating the fur coat infestation and laundering all pet bedding. Community Life staff and Facilities staff (housekeepers) may monitor and inspect for possible infestations. If fleas, ticks or other pests are detected on the animal and/or within the residence it will be treated using approved methods by a university-approved pest control service. The student partner will be billed for the expense of any required pest management due to the animal’s presence.
2. Student partners are responsible for properly containing and disposing of the animal’s solid waste (e.g. feces).
   1. Indoor animal waste, and/or used litter, must be disposed of in an outside trash dumpster. The litter must be changed at least weekly with pet waste separated from the litter daily to avoid odors. Litter boxes must be placed on mats to minimize contamination of carpeted surfaces.
   2. Outdoor animal solid waste must be immediately retrieved by the Student Partner or Handler, placed in a plastic bag and securely tied before being disposed of in an outside trash dumpster.
   3. Service or Assistance Animals on campus are restricted to designated areas Check with the Community Life Office for specified boundaries and animal relief areas.
   4. In the event that the student partner is not physically able to clean up after the animal, it is then the responsibility of the student partner to hire someone capable of cleaning up after the animal. Student partners may not hire their roommate, suitemate or any other Evangel student. The person cleaning up after the animal agrees to follow all policies laid out in this document and should abide by the following guidelines :
      1. Always carry equipment sufficient to clean up the animal’s feces when the animal is on campus
      2. Properly dispose of waste and/or litter in appropriate containers, (e.g., place in a plastic bag and put bag in an outside trash dumpster).
3. Student partners are responsible for providing appropriate cleaning supplies, all basic necessities for the animal, including food, water, medicines, and all other supplies necessary to ensure its health and safety within the confines of their bedroom or apartment if living alone.
4. An animal’s food should be kept in a closed container within the student partner’s bedroom, or apartment if living alone.
5. If the animal vomits, urinates, leaves solid waste, and/or becomes incontinent, it is the responsibility of the student partner to clean and sanitize the contaminated area immediately. If the contamination occurs indoors, clean-up must include disinfectant of the area and carpet or floor treatment to minimize damage to the facility. All matter must be disposed of in an outside trash dumpster. WARNING! Do not use the tub or sink to clean out a litter box as even a minimal amount of litter could cause extensive damage to plumbing!
6. Regular cleaning to avoid significant odors and/or to manage shedding is expected. Handlers may use showers/tubs within the University residential community if they live in a space with a private bath to bathe or clean their Assistance/Service Animal, otherwise an off-campus service must be used. Unless the student partner has a private room with no suitemates, the bath tub may not be used.

Student Partner Responsibilities

1. The student partner must provide the Housing Office with a completed “Assistance/Service Animal Registration Form” and the “Veterinarian Verification” indicating the animal has all veterinary-recommended vaccinations to maintain the animal’s health and prevent against contagious disease.
2. The student partner is responsible for ensuring that the animal does not interfere with the routine activities of the University, its surrounding property or cause difficulties for other students who reside in the residential community. Sensitivity to residents, staff and faculty with allergies, and to those who fear animals, is an important consideration for the student partner in order to ensure a community environment that supports the individual needs of all who reside or work at the University. When a student partner is informed of a person with a medical condition that is affected by the animal, he/she will refer him/her to the Residence Director of their hall or the Rental Property Manager (apartments/houses) to whom any health or safety concern about exposure to the animal may be addressed.
3. The student partner is financially and legally responsible for any injuries that the student partner, guests in the room/unit, or any third person who may have contact with the animal, may sustain, including, but not limited to: illness, personal injuries, and damage to property caused by the animal beyond what is considered ordinary wear and tear, including, but not limited to, any replacement of furniture, carpet or wall covering. The student partner is responsible for reimbursing these costs upon repair and/or move-out. If a repair is made prior to move-out, charges will be posted to the student’s University account for payment.
4. The student partner is responsible, as are all students, for any expenses that are required due to costs incurred for cleaning or repair to the residence or surrounding property, which is not considered ordinary wear and tear. The Community Life Office reserves the right to bill the student partner’s account for all damages or deficiencies with the room/apartment condition.
5. If fleas, ticks or other pests are detected within the residence it will be treated using approved fumigation methods by a University-approved pest control service. The student partner will be billed, for the expense of any required pest management.
6. To be a roommate of the student partner, the student roommate must agree to allow the Assistance/Service Animal to be in residence with them and sign a Roommate Acknowledgement to demonstrate their consent. In the event that a roommate does not want to, or cannot, live with the Assistance/Service Animal in the shared residential unit, either the student partner or the roommate(s) may be moved to a more suitable location. In the event that one or more roommates, suitemates, apartment-mates do not approve, either the resident and Assistance/Service Animal or the non-approving roommates, suitemates, or apartment-mates, as determined by the Community Life Office/Housing Office, may be reassigned to a more suitable location if space is available.
7. The student partner agrees, as all students do, to continue to abide by all other Community Life policies. Having an Assistance/Service Animal does not preclude the student partner from following all other requirements found in the Student Handbook and Rental Contract. Any violation of the rules and requirements herein by any student will be reviewed by Community Life.
8. Assistance/Service Animals may not be left overnight in University housing to be cared for by any individual other than the student partner. If the student partner is away from his/her residence hall or apartment overnight or longer, the animal must accompany the student partner. The student partner is responsible for ensuring that the animal is contained appropriately when the student partner is not present during the day while attending classes or other activities.
9. The student partner must consent to the disclosure of information regarding the request for and presence of the Assistance/Service Animal to those individuals who may be impacted by the presence of the animal including, but not limited to, The Center for Student Success, Facilities Department, Community Life Office and other University staff that may be required to enter the residence hall or apartment, and any potential 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 student partner’s disability.
10. In order to alert individuals with allergies and other issues who may enter the room, the student partner is strongly encouraged to display a sign on their door indicating the presence of an Assistance or Service animal. Contact the Housing Office for assistance with signage.
11. Should the Assistance/Service Animal be disqualified or removed from the premises for any reason, the student partner will remain responsible for the terms and conditions of the housing contract for the remainder of the term of the contract.
12. Evangel University shall not ask or require an individual with a disability to pay a surcharge or to comply with other requirements generally not applicable to people without pets. If Evangel University normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her Service Animal.
13. The Assistance Animal/Service Animal is allowed in University housing only as long as it is necessary because of the owner’s disability. The owner must notify the Housing Office in writing if the Assistance Anima/Service Animal is no longer needed or is no longer in residence. To replace an Assistance Animal, the new animal must be necessary because of the Owner’s disability and the Owner must follow the procedures in this policy when requesting a different animal.

IX. Forms

Complete the following forms and submit them to the Housing Office at least 30 days prior to move-in day in order to allow ample time for processing. No assistance animal may be kept in University housing at any time prior to the individual receiving approval as a reasonable accommodation pursuant to this Policy. If the student partner arrives on campus without prior approval for an Assistance Animal the student partner will be required to secure off-campus boarding for the animal in non-University housing until a decision has been reached. In this case, the University will do everything possible to expedite the approval process.

• Assistance or Service Animal Registration Form
• Assistance or Service Animal Veterinarian Verification Form
• Assistance or Service Animal Health Care Provider Form
• Assistance or Service Animal Personal Attendant Agreement
• ESA Emergency Response Agreement

The student partner is required to complete an updated form should any information about the Assistance Animal change.