Tarleton State University recognizes the importance of Service Animals as defined by the Americans with Disabilities Act Amendments Act (ADAAA), and of Emotional Support Animals (ESAs), supported by the Fair Housing Act. The university is committed to allowing individuals with disabilities the use of a Service Animal on campus to facilitate their full participation and equal access to the University’s programs and activities. Tarleton State University is also committed to allowing ESAs, necessary to provide individuals with mental health disabilities an equal opportunity to use and enjoy University housing. Following are the specific requirements applicable to an individual’s use of an ESA in University housing; it does not apply to “service animals” as defined by the ADAAA.
The U.S. Department of Housing and Urban Development (HUD)/Fair Housing regulations provide that emotional support animals be considered a reasonable accommodation in campus housing. Since HUD/Fair Housing regulations only apply to housing facilities, the animals are not allowed in other areas of campus such as but not limited to: all university buildings with exception of residence halls, classrooms, classroom labs, community/shared bathrooms, lounges, dining halls, dining rooms, indoor recreational rooms, computer labs, and study rooms.
Tarleton State University is aware of its responsibility to provide safe living environment to all students who wish to live on campus. In keeping with this obligation, emotional support animals will be permitted in housing facilities provided that established requirements are met, including determination of the animal as a reasonable accommodation by the Office of Student Accessibility Services and Department of Residence Life.
Some websites sell ESA certificates, registrations, and licensing documents to anyone who answers certain questions or participates in a short interview and pays a fee. As of November 2019, The Federal Trade Commission (FTC) has been asked to investigate websites that purport to provide documentation from a health care provider in support of requests for an ESA. The websites in question offer 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. In HUD’s experience, such documentation from the internet is not, by itself, sufficient to reliably establish the need for an ESA. Under the Fair Housing Act, a housing provider may request reliable documentation when an individual requesting a reasonable accommodation has a disability and disability accommodation that are not obvious or otherwise known. Also, please be aware that the Office of Student Accessibility Services and Department of Residence Life neither requires nor recognizes an ESA “license”, “certificate” or “vest” as the basis for establishing the legitimacy of an ESA.
An ESA may be a dog, cat, small bird, rabbit, hamster, gerbil, fish, turtle, or other small, domesticated animal that is traditionally kept in the home for pleasure. Under guidelines from HUD, reptiles (other than turtles), barnyard animals, monkeys, and other non-domesticated animals are not considered common household animals.
The ESA is not allowed on campus property until official approval is granted and no ESA may be kept in University housing at any time prior to the individual receiving approval as a reasonable accommodation.
An emotional support animal, or ESA, is a protected accommodation under the Fair Housing Act. At Tarleton State University, all students with disabilities who are seeking an ESA as an accommodation must complete the outlined steps below:
Step 1: Complete the Office of Student Accessibility Services’ Request for Accommodations
Step 2: Meet with the Office of Student Accessibility Services staff to discuss ESA process
Step 3: Supply requested documents
- Completion of ESA Documents
- Animal Owner Responsibilities in Campus Housing
- Animal Owner Responsibilities in Campus Housing Confirmation
- Animal Registration Form
- Letter from therapeutic provider containing:
- Nature of the diagnosis, severity of diagnosis and what methodology was used to arrive at the diagnosis
- If the provider can provide existing and continuing diagnostic and therapeutic relation with the student
- If the student requires ongoing treatment
- Is the animal specifically prescribed as part of treatment for student and how does the therapeutic provider believe the ESA will have a beneficial effect for the student
- What are the functional limitations resulting from the diagnosis and how the animal will mitigate the functional limitations
- What observations, evaluations or other means has the provider used to determine that an ESA would be a reasonable housing accommodation
- In detail, how important for the student’s well-being that the ESA be in residence on campus
- What consequences, in terms of disability symptomology, may result if the accommodation is not approved
- Has there been a discussion of the responsibility associated with properly caring for an animal while engaged in typical college activities and residing in campus housing
- In their professional opinion, would the responsibilities of an ESA exacerbate they student’s symptoms in anyway
- Animal Health
- Proof of Vaccinations- vaccination and vet records to show proof of absence of fleas, tick or other parasites
- Proof of spay/neuter
- Follow up with animal’s veterinarian to verify animal does not exhibit aggressive or protective behaviors
Step 4: Once information from A-D have been submitted, the ESA Committee, made up of the Office of Student Accessibility Services and Department of Residence Life staff, meet on a weekly basis to review ESA applications. The ESA application will be approved or declined by the ESA committee. If an ESA application is approved, the student will be notified of approval. If an ESA application is declined, the student will be notified and suggestions may be made by the ESA committee about the application.