Emotional Support Animal (ESA) within The College of St. Scholastica Residential Community Governing Document
The College of St. Scholastica supports students who have a need for a Service Animal or an Emotional Support Animal (ESA). A Service Animal or ESA is an exemption to the College’s Pet Policy for approved animals provided that their behavior, noise, odor and waste do not exceed reasonable standards for a well-behaved animal and these factors do not create unreasonable disruptions for other community members.
Service Animals
In accordance with Title II of the Americans with Disabilities Act, The College of St. Scholastica provides reasonable access for individuals with Service Animals.
A Service Animal is an animal individually trained to do the work or perform tasks for the benefit of an individual with a disability. Service Animals are allowed to accompany the individual into any building or dwelling on campus as long as the animal is housebroken and the owner is able to maintain control of the animal. Failure to meet these expectations may result in the removal of the animal. It is strongly encouraged to meet with a member of The Center for Equal Access to aid in communication with appropriate faculty and staff on campus and notify Director of Residential Life of the presence of Service Animal in residence.
Emotional Support Animals (ESA)
In accordance with the Fair Housing Act, The College of St. Scholastica provides reasonable accommodations for students with Emotional Support Animals while living in the on-campus residence halls and apartments.
An Emotional Support Animal (ESA), also referred to as an assistance animal, is an animal that offers assistance, does work, performs tasks or services for the benefit of the person with a disability and/or provides emotional support that alleviates one or more of the identified symptoms. An ESA is not a Service Animal and is only allowed in a residential dwelling. The animal is not allowed to reside on campus until the request has been approved by both CEA and Residential Life. Preemptively having your animal reside on campus prior to approval will require immediate removal of the animal and could result in a CSS Code of Conduct violation and a Pet Policy fine of $500.
For incoming students to have an accommodation for an ESA in place prior to move in date, all steps for the request need to be completed by June 30th. All other request will be processed on a rolling case-by-case basis. Please be advised that such requests may take up to thirty (30) business days to process.
Documentation and Process
The Housing and Urban Development and Fair Housing regulations only apply to the housing facilities. ESA’s are only allowed in the resident’s designated bedroom. ESAs are not allowed in other interior public areas on campus. In order for an ESA to be considered a reasonable accommodation, The Center for Equal Access must receive supporting documentation from your healthcare or mental health provider.
The following steps must be completed before an Emotional Support Animal can be brought on campus:
- Read and fully understand the governing document and all responsibilities associated with ESA ownership
- Have the healthcare or mental health provider who can best speak to your needs complete the Emotional Support Animal Documentation Form and submit it to The Center for Equal Access
- Complete the New Student Accommodation Request Form or a Supplemental Request Form in Accommodate
- Meet with The Center for Equal Access to discuss documentation and responsibilities of an ESA in on-campus housing
- If the request for an ESA is approved, the following steps should occur in a timely manner:
- Residential Life is notified that a student will be approved for an ESA and then Residential Life informs their roommates of the ESA
- A roommate Agreement form is initiated by the Owner and completed and signed in consultation with Residential Life and all roommates
- The ESA needs to be licensed with the City of Duluth (Duluth City Ordinance and Chapter 6 of the City Code) and have its shots up to date. Please see more information in the Health and Safety of the Animal section below).
- An ESA Contract is signed by the student requesting the animal, The Center for Equal Access and a full time professional staff member of Residential Life
- Once all paperwork is completed and submitted to The Center for Equal Access and Residential Life, the ESA may come on campus. Please notify the Director of Residential Life when you intend to bring the ESA on campus.
Responsibilities of a Resident as an ESA Owner
Caring for the ESA requires responsibility on the part of the owner, who must adhere to guidelines from both the College, City of Duluth Ordinances and State Laws. These policies are in place to ensure a safe and secure environment, not only for residents, but also the quality of life for the ESA.
Residents must comply with all State laws and local animal ordinances, as well as Residential Life policies and guidelines, including by not limited to the following:
Minnesota Animal Cruelty Laws
Residents will provide food, water, shelter and exercise, and will not neglect or abuse the animal nor cause pain, suffering or death.
Additionally, Residential Life policies require that ESA or Service Animals not be left alone for extended periods of time (10 hours consecutively for dogs and overnight for all other animals) in a resident’s room or apartment. In the event that an ESA is left alone in a room or apartment for an extended period of time and is not being properly cared for, Residential Life will contact the resident or the emergency contact to remove the animal. If this is not successful, additional steps may be taken to ensure animal safety.
Local Animal Ordinances
Local ordinances may include species limitations, require municipal licenses and proof of rabies vaccination. Ordinances also state animals must be leashed in all public spaces.
Housebroken
Residents are responsible for cleaning up all ESA waste (both indoors and outdoors) in a timely, effective fashion.
Additionally, the resident shall be fully and solely responsible for the disposal of ESA waste. Animal litter must be placed in a sturdy plastic bag and tied securely before being disposed of in outside trash dumpsters. Litter boxes and food dishes should be placed on mats so that feces and urine are not tracked onto carpeted surfaces. Dog feces must be bagged and discarded in an outdoor garbage receptacle. Failure to dispose of pet waste appropriately could result in a violation of Residential Life Policies.
Caged animals are to be kept in appropriate cages with flooring and liner to prevent any damage to floors and to allow sanitary removal of pet waste.
Residents will be required to pay for any damage and/or excessive cleaning fees caused by the ESA.
Cleanliness
As with all residents, if a room is not properly maintained and is not in “move-in” condition once the resident checks out of their space, additional cleaning charges may be applied to the resident’s Student Account. This includes animal hair, waste, odor, etc. Rooms may be subject to scheduled health and wellness inspections to ensure the living environment is maintained in a healthy manner for both the residents and the ESAs residing in the building.
If fleas, ticks or other pests are detected through inspection, the residence will be treated using approved fumigation methods by a College-approved pest control service. Students will be billed for the expense of any pest treatment above and beyond normal required pest management.
Well-behaved
This generally includes no barking, whining, squawking, scratching, chewing or aggression. The ESA must be under the control of the resident, such as on a leash or in a carrier, when being transported to and from the students room. The resident is responsible at all times for the actions of their ESA.
ESAs shall not disturb, annoy or cause any nuisance to other members of the community. Residents are responsible for any odors, noises, damage or other conduct of their ESA that disturbs others or damages the premises.
Residents that violate this governing document or these obligations may be required to remove the ESA from campus housing. Examples of noise could include loud barking, meowing or squawking heard outside of the individual dwelling.
Per the governing document, ESAs should be caged or kenneled when left in the residence hall room without the owner, specifics can be discussed in the Roommate Agreement with Residential Life.
Healthy
Residents will provide verification of all veterinarian-recommended vaccinations as well as proof of the absence of communicable disease, fleas and parasites (as needed). Residents will provide copies of the vaccination record and city license. The College of St. Scholastica reserves the right to request an updated verification at any time during the ESA’s residency.
The Center for Disease Control and Prevention (CDC) indicates that ESA’s should be limited to those that cannot possibly transmit Zoonotic diseases. Zoonotic diseases are infectious diseases that can be naturally transmitted from animals to humans.
The ESA Cannot Interfere with the Reasonable Enjoyment of People Sharing the Space (e.g. allergies, phobias, religious preference, need for quiet)
Allergies and fear of animals are not grounds to deny a request for an ESA. If a student presents with a significant allergy to the animal in question, the student with the allergy must register with the Center for Equal Access before any accommodations are made. In the case of an allergy that poses a significant health risk (anaphylaxis) to the individual, the student requesting an ESA will be moved to an alternative location.
Out of respect for students who may have a fear of animals or may suffer from animal allergies, ESAs are not allowed in public spaces such as lounges, computer labs, hallways and kitchenettes. If the ESA must leave the building, it must be in a cage, on a leash or in a proper transportation container.
Liability
The student is financially and legally responsible for the actions of the ESA, including bodily injury or property damage including, but not limited to, any replacement of furniture, carpet, window or wall covering, etc. The College encourages all residents to carry appropriate personal property insurance.
The College of St. Scholastica is not responsible for the failing health, loss or death of the ESA.
Emergency Care
In the case of an emergency, residents will provide The College of St. Scholastica with emergency contact information for an off-campus caregiver. Residential Life will assume no responsibility for the care of a resident’s ESA. The resident will be responsible for any costs related to removing the ESA. Roommates are also not responsible for the care of the ESA. A roommate may offer to care for the ESA but must not be the sole caretaker.
It is the residents responsibility to remove the ESA during forced evacuations of residential halls.
Care for the ESA in Cases of Extended Absences of the Resident
If the ESA’s owner is going to be away from their room and the ESA cannot be properly cared for, the student must find an alternative location for the ESA during their absence from the room. Residential Life policies do not allow for an exchange of keys or card access to anyone who does not reside in a particular unit and doing so would be a policy violation and liability risk. The student is responsible for ensuring the ESA is cared for at all times. The owner is responsible for providing an off campus emergency contact for emergencies and extended absences.
Animal Restriction
HUD and Fair Housing does not have species limitations on ESA’s; nevertheless, there are important considerations related to local ordinances and The College’s policies.
The Center for Equal Access will research the characteristics of any animal presented for use as an emotional support animal and compare those characteristics with the following:
- Local ordinances, including illegal species or breed restrictions
- Current housing and residential life policies
The following species have some specific issues which could preclude an individual animal from being permitted to be in campus housing:
- Animal is not housebroken (i.e. toilet outdoors or use a litterbox)
- Puppy
- Small animals that need 2-4 hours a day of exercise outside of their cage
- Bird (feces hard to contain in cage)
- Animal interferes with reasonable enjoyment of people in the space
- Dogs (barking, whining, scratching/digging, biting people)
- Cat (meowing, howling, scratching or biting people)
- Bird (Squawking, biting)
Small animals (chewing wires and woodwork)
- Needing a companion animal for the support of the animal
- Animal presents health or safety risks to other people in the space
- Turtles, iguanas, lizards, snakes and some birds (salmonella)
- Ferret (strong musk odor, burrowing behaviors-easily lost outside cage)
- Cat or dog with disease (fleas or parasites)
- Animal requires live food
Other
The student must notify Residential Life and The Center for Equal Access if the animal is no longer needed as an ESA or no longer in residence. To replace the ESA with a different animal, the student must file a new request with The Center for Equal Access.
Residential Life has the ability to relocate the student and ESA as necessary according to current contractual agreements, meeting accommodation needs of other students or failing to abide by Residential Life Policies.
Any violations of the above policies may result in the immediate removal of the ESA from the College and may be reviewed through the Residential Life conduct process, where the student will be afforded all rights of due process and appeal as outlined in that process. Should the ESA be removed from the premises for any reason, the student is expected to fulfill their housing obligations for the remainder of the housing contract.
Students agree to continue to abide by all other residential policies. An exception to a policy otherwise would prohibit having an animal does not constitute an exception to any other policy.