Service Animal and Emotional Support Animal Policy

Effective January 2024

1. Policy Statement
2. Service Animals
3. Emotional Support/Assistance Animals (ESA)
4. Handler Responsibilities
5. Complaint Process

I. Policy Statement

Emerson College is committed to providing students and employees with disabilities equal access to the College’s programs, services, and activities.  Animals are generally not permitted on campus or in residential housing.  Under certain circumstances, Service Animals or approved Emotional Support Animals (ESA), required because of a disability, may be on campus and may be permitted in campus buildings and/or residential housing as a reasonable accommodation (as discussed below), in accordance with the Americans with Disabilities Act (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), the Fair Housing Act, and all other applicable federal or state laws.  Pets, which include any animal that is not required because of a disability, are not allowed on campus or in any Emerson building.

II. Service Animals

A Service Animal is defined as a dog that is individually trained to do work or perform tasks for an individual with a disability¹.    The work or tasks performed by a Service Animal must be directly related to the individual's disability.  The individual with the disability who requires the Service Animal is known as the “Handler.”  Service Animals are permitted to accompany their Handler in all areas of campus, including classrooms and all College buildings in accordance with the Handler Responsibilities outlined in this Policy.

A. Student Service Animals

Students who will need a Service Animal on campus are encouraged to meet with Student Accessibility Services (SAS) (617-824-8592) to discuss any other accommodations that might be needed regarding their disability.  They can also receive, upon request, a written letter from SAS that confirms that the Service Animal is allowed on campus.  

If a student Handler is living in College housing, they must register their Service Animal with Student Accessibility Services (SAS) and Housing & Residential Education (HRE), and will be required to provide additional information about the animal in order to have the Service Animal in residence with them.  HRE and SAS may need to assess the needs of others in spaces surrounding the Service Animal to ensure they are not allergic and/or do not have other concerns regarding the Animal.  Absent extenuating circumstances, the College will typically be able to accommodate a Service Animal in residential housing.  If an extenuating circumstance does occur with regards to a Service Animal, SAS will initiate an interactive process with the student to explore alternate reasonable accommodations.

B. Employee Service Animals

If an employee (faculty or staff) requires a Service Animal and wants to bring that Animal into the workplace, they must register with Human Resources (HR) and have the animal approved as a reasonable accommodation.  An employee should start the accommodation process by using the accommodation forms that can be found on the Human Resources webpage. An employee (faculty or staff) requesting to bring a Service Animal into the workplace may need to provide documentation or additional information regarding the need for the Animal and the Animal’s training as a Service Animal.  As part of the accommodation process, HR may need to assess the needs of other employees in spaces surrounding the Service Animal to ensure that others are not allergic and/or do not have other concerns regarding the animal.

C. Service Animals Generally

The expectation is that a Service Animal will be with the Handler at almost all times.  At no time should the Service Animals be left on campus unattended or with someone who is not the Handler.  

Service Animals may be restricted from certain spaces on campus when their presence would fundamentally alter the nature of the service, program, or activity; or where the Animal’s presence poses a threat to the health or safety of others or the Animal.  SAS or HR will make the determination, on a case-by-case basis, regarding whether the Service Animal should be restricted from an area on campus for these reasons.  If a Service Animal is restricted from a location, SAS or HR will initiate an interactive process to explore alternate reasonable accommodations. All Service Animals must be housebroken and must remain under the care, control and supervision of their Handler at all times.  The Service Animal must be on a leash, harness or other tether and must not be disruptive, as outlined under Handler Responsibilities (below).  Handlers are encouraged to have their Service Animals wear an identifying vest or other indication of their role as a Service Animal.  A Service Animal who is disruptive to the environment, is out of the Handler’s control or is otherwise in violation of the Handler Responsibilities may be removed from campus.

In situations where it is not obvious that the animal is a Service Animal, Emerson staff or faculty (outside of SAS, HRE, or HR) may only ask the Service Animal’s Handler two questions: (1) is the animal a Service Animal required because of a disability and; (2) is the Service Animal trained to perform a task related to that disability.  Emerson staff or faculty, except for inquiries by SAS, HRE or HR, will not request any documentation for the Service Animal, request that the Service Animal demonstrate its task, or inquire about the nature of the person's disability.  However, in cases where the Service Animal is being disruptive, appears to be out of control, is causing damage, or is otherwise out of compliance with the behavior expectations outlined in this Policy, Emerson staff or faculty may require that the Service Animal be removed from the area. Concerns regarding an Animal can be submitted using this form or to Human Resources (HR) (hr [at] emerson.edu (hr[at]emerson[dot]edu); 617-824-8580) for staff of faculty animals. 

III. Emotional Support/Assistance Animals (ESA)

An Emotional Support/Assistance Animal (ESA) is defined as an assistance animal which offers support to alleviate one or more identified symptoms or effects of an individual’s disability.  There must be an identifiable and medically indicated relationship between the individual’s disability and the assistance that the ESA provides.  An ESA is considered a reasonable accommodation that must be approved by Human Resources (HR) or Student Accessibility Services (SAS) prior to being brought to campus.  The person for whom the ESA has been approved as a reasonable accommodation is known as the “Handler.”  Anyone requesting to bring an ESA to campus will need to provide documentation regarding the need for the Animal and engage in the interactive process regarding whether the Animal is a reasonable accommodation.  Dangerous, poisonous, wild, and illegal animals are not permitted as ESAs.      The size of the Animal may also be a consideration when the Handler will be bringing the Animal into smaller spaces on campus.  Visitors to Emerson who are not students or employees are not allowed to bring ESAs to campus or into residential housing.  Any ESA who is disruptive to the environment, is out of the Handler’s control or is otherwise in violation of the Handler Responsibilities (see below) may be removed from campus.  

A. Student ESAs

A student seeking to have an ESA on campus must request approval of that accommodation through Student Accessibility Services (SAS).  Unlike Service Animals, an approved student ESA will only be permitted in a student’s assigned room in residential housing and outdoor areas of campus.  A student ESA should not be in the hallways, lounges, or shared suite-spaces in residential housing except when being taken outside.  The College will notify roommates or others residing in close proximity to the Animal about the presence of the approved ESA to ensure that everyone will be able to coexist with the animal without triggering allergies or other student concerns.  Anyone with concerns about the presence of an ESA in housing due to a medical condition (e.g. allergies, asthma, phobias) should contact HRE or SAS.  Approved student ESAs are not allowed in any other building or facility on the Emerson campus, including classrooms and dining spaces.  A student Handler who wants to bring an ESA somewhere on campus outside of residential housing must request an additional reasonable accommodation through SAS, which would be a separate process from the approval of the ESA in housing.  Any approval of a student ESA under this Policy is only valid for the academic year in which it was issued and must be renewed each year the ESA will be on campus by following the SAS renewal process and timeline.

B. Other ESAs

An employee (faculty or staff) seeking to have an ESA on campus must request approval of that accommodation through Human Resources (HR). An employee should start the accommodation process by using the accommodation forms that can be found on the Human Resources webpage. The process of determining whether an ESA is a reasonable accommodation for an employee will include a discussion of where on campus the Animal may be present.  Employee ESAs will only be allowed in approved areas that have been identified as part of the reasonable accommodation.  An employee ESA who is present outside of those approved areas may be removed from campus (temporarily or permanently). The College may notify others working in close proximity to the Animal about the presence of the ESA to ensure that everyone will be able to coexist with the animal without triggering allergies or other concerns.  Anyone with concerns about the presence of an ESA in their workplace due a medical condition (e.g. allergies, asthma, phobias) should contact HR.

C. ESA Denial Grievance

If a student or employee (faculty or staff) request to bring an ESA to campus is denied, the Handler will be notified in writing. The Handler then has the right to file a grievance regarding that denial under the Emerson Accommodation Grievance Process.  Any grievance must be filed with the Office of Equal Opportunity (oeo [at] emerson.edu (oeo[at]emerson[dot]edu); 617-824-8999), within ten (10) business days after the written denial and will proceed under the outlined process.

IV. Handler Responsibilities

The “Handler” of a Service Animal or ESA is defined as the student or employee with the disability who is the person in need of the Animal.  In order to maintain a Service Animal or ESA (“Animal”) on campus, the Handler must comply with all of the following conditions, as applicable.  Failure to comply with all of these requirements may result in the removal of the Animal from campus.

1. The Handler will be responsible for the conduct of the Animal at all times.
2. The Animal must be under the control of the Handler at all times, and must be on a leash, harness or other tether.  Examples of an Animal being out of control include, but are not limited to, barking, jumping on others, growling, or any intimidating behavior, behavior that causes damage to the area, or behaviors that make others feel uncomfortable or make it seem like the Handler may not be in control of the Animal.
3. Regardless of their age, the Animal is required to meet all of the behavior expectations outlined herein.
4. When a student Handler must leave the Animal alone in their residence on campus, the Animal must be placed in an appropriate crate or carrier.  For Service Animals, the expectation is that the Animal will be with the Handler at almost all times and the Animal will not be without the Handler.  Outside of the student’s assigned room in residential housing, a Service Animal should never be present without the Handler (student or employee).
5. The Animal must not adversely affect routine activities on campus nor be disruptive to the environment. If disruptive behavior occurs, the Handler is expected to utilize appropriate humane techniques to deal with the behavior immediately.  Examples of disruptive behavior, include but are not limited to, barking, meowing, scratching, screeching, growling or making other noises.
6. The Animal cannot pose a threat to the health or safety of others. The Handler is responsible for any injury to others or damage to property caused by the Animal.
7. If the Animal is not under the control of the Handler, is adversely affecting routine activities, and/or disruptive to the environment (as defined above), the Handler is responsible for removing the Animal from campus and must follow any directives from a College official to remove the Animal from campus.
8. The Animal must be well cared for, clean, well-groomed and in good health. The care of the Animal is the sole responsibility of the Handler.  The College reserves the right to inspect a Handler’s on-campus residence to ensure that the Animal is being well cared for. 
9. The Animal’s vaccinations must be kept current and rabies vaccination tags (if applicable) must be displayed at all times. The Animal must be licensed as required by the City of Boston or the Handler’s city or town of residence.  The Handler may be required to provide proof of vaccination and licensing to the College.
10. The Handler must maintain their on-campus residence or workspace with the Animal in a clean and sanitary condition and control odors. The College reserves the right to inspect the Handler's on-campus residence or workspace to ensure that sanitary and safe conditions are being maintained. The Handler will be financially responsible for any expenses required for cleaning and repairs beyond routine maintenance. The College shall have the right to bill the Handler’s account for unmet obligations under this provision.
11. The Animal must be housebroken or maintained in a cage or other container appropriate for the Animal where waste can be contained and cleaned up.  All waste must be disposed of properly.  The proper place for the disposal of Animal waste will be determined by HRE and/or Facilities Management.
12. The Handler must provide flea and tick control for the Animal at all times (as applicable). If fleas, ticks or other pests are detected through routine inspection, they will be addressed by a College-approved pest control service.  If the pest infestation is tied to the Handler’s Animal, the Handler may be billed for the expense of any pest treatment beyond standard pest management. The College shall have the right to bill the Handler’s account for unmet obligations under this provision.
13. The Handler must maintain any food, treats and supplies for the Animals in sealed packaging or containers, and in a sanitary manner, so as not to attract pests, rodents or other animals/insects.  If pests, rodents or other animals/insects are detected through routine inspection, the issue will be addressed by a College-approved pest control service.  If the animal/insect infestation is tied to the Handler’s improper storage of food, treats or other Animal supplies, the Handler may be billed for the expense of any animal/insect treatment beyond the College’s standard pest management.  The College shall have the right to bill the Handler’s account for unmet obligations under this provision     
14. The College uses pesticides, fertilizers, pest control devices, de-icing materials, cleaning supplies, and other substances and materials for the maintenance and operation of the campus and College housing.  Some of these materials and substances may not be safe for animals.  The College is not responsible for any harm to the Animal caused by the College’s use of such substances and materials.
15. The Handler may not leave the Animal for extended periods or overnight.  If the Handler is leaving campus for more than a few hours, the Animal must accompany the Handler. The Animal must be kept in an appropriate crate or carrier when the Handler is not present.  For Service Animals, the expectation is that the Animal will be with the Handler at almost all times.  The Handler may not leave the Animal in the care of others while on campus.  
16. The Handler will identify an alternate caregiver who can take care of the Animals in the case of an emergency where the Handler is unable to take the Animal with them² The alternate caregiver must reside within 90 minutes of campus and must live off-campus.  The alternate caregiver will need to confirm with the College that they understand they have been designated in this role by the Handler.  The Handler will need to notify the College when there is an emergency that will require the use of the alternate caregiver.  The identified alternate caregiver will then be responsible for the care of the Animal.  The College will give the alternate caregiver access to the Handler’s room in residential housing, as applicable, to take the Animal with them and any supplies needed to care for the Animal.  The College reserves the right to arrange for alternate care for the Animal, at the Handler’s expense, should the alternate caregiver not be available or refuse to care for the Animal.  
17. The Animal may not pose an undue financial or administrative burden to the College.
18. The student Handler must notify HRE and SAS in writing if the approved Animal is no longer needed or is no longer in residence. To replace an approved Animal with a different animal, the Handler must file a new request in writing with SAS or Human Resources.
19. The Handler agrees to continue to abide by all other residential and College policies.
20. The Handler understands that the Animal is their personal property and the College is not liable for any theft, loss, or injury to the Animal.

The College reserves the right to remove an Animal from campus and/or from residential housing and to revoke any prior approval if the Handler fails to comply with any of these responsibilities or if the College discovers that false or misleading information was provided by the Handler in support of the approval of the Animal.  The discovery of false information may lead to disciplinary action in the appropriate conduct process.

V. Complaint Process

Any member of the Emerson community may submit concerns about a Service Animal or ESA believed to be in violation of the requirements of this Policy. Concerns regarding student Animals can be submitted using this form. Concerns about employee (faculty or staff) Animals can be submitted to Human Resources (HR) (hr [at] emerson.edu (hr[at]emerson[dot]edu); 617-824-8580).

The Office of Community Standards (OCS) (communitystandards [at] emerson.edu (communitystandards[at]emerson[dot]edu); 617-824-8640) is responsible for addressing complaints regarding student Service Animals or ESAs, which may involve the appropriate student conduct process.  HR is responsible for addressing complaints regarding employee Service Animals or ESAs.  Retaliation against anyone submitting a complaint or reporting concerns under this Policy or otherwise participating in a College inquiry or investigation is prohibited.

At the College’s discretion, the Handler may be given notice of the concern or failure to comply with the Policy and may be given a reasonable time to correct the violation. The College may also immediately remove an Animal from campus while a conduct process is pending, when the Animal poses a risk of harm to others or to property, is not being properly cared for, or is disruptive to the environment.  If an Animal is removed pending a conduct process, the care and relocation of that Animal is the sole responsibility of the Handler.

A determination regarding whether this Policy has been violated and the appropriate sanction, (including, but not limited to, the removal of the Animal from campus), will be made through the appropriate conduct process for students or employees, as applicable.  If a Handler is found to be in violation of this Policy, and the violation is not/cannot be remedied, the College may (1) remove the Animal from residential housing, (2) relocate the Handler and Animal within residential housing, and/or (3) remove the Animal from campus completely.  An employee Handler in violation of this Policy may have their Animal removed from campus.  The student or employee will receive written notification when an Animal is to be removed from campus/housing or relocated or when the approval for that Animal has been revoked.  If a previously approved Animal is removed from residential housing by the College for any reason, the student is expected to fulfill their housing obligations for the remainder of the housing contract.

The Handler has the right to file a grievance regarding the College’s decision to remove an Animal from campus or residential housing under the Emerson Accommodation Grievance Process.  Any grievance must be filed with the Office of Equal Opportunity (oeo [at] emerson.edu (oeo[at]emerson[dot]edu); 617-824-8999) within ten (10) business days after the written notification of removal, relocation or revocation, and will proceed under the outlined Process.

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Notes

1. Under certain limited circumstances miniature horses may also be considered Service Animals.  Other animals, whether wild or domestic, trained or untrained, are not considered Service Animals for purposes of this Policy, under applicable laws.

2. An emergency is defined as a serious, unexpected, and/or dangerous situation requiring immediate action as determined by the College.