Emotional Support Animal Policy and Agreement

    ST. OLAF COLLEGE EMOTIONAL SUPPORT ANIMAL (ESA) POLICY AND AGREEMENT

    St. Olaf College is committed to allowing one Emotional Support Animal (ESA), necessary to provide an individual with mental health disabilities an equal opportunity to use and enjoy College housing.

    This Policy explains the specific requirements applicable to an individual’s use of an ESA in College housing. St. Olaf College reserves the right to amend this Policy as circumstances require. This policy applies solely to an ESA that may be necessary in College housing. It does not apply to “Service Animals” as defined by the ADAAA, and whose presence on campus is explained in the St. Olaf College Service Animal Policy.

    Although it is the policy of St.Olaf College that individuals are generally prohibited from having animals of any type in College housing, St. Olaf College will consider a request by an individual with a disability for a reasonable accommodation from this prohibition to allow one ESA that is reasonable and necessary because of a mental health disability. However, no ESA may be kept in College housing at any time prior to the individual receiving approval as a reasonable accommodation pursuant to this Policy.  Any requests for an animal for individuals with disabilities that are neither Service Animals nor ESAs should be directed to Disability and Access (DAC).

    St. Olaf College will accept and consider requests for reasonable accommodation in campus housing at any time. The individual making the request for accommodation should complete and submit the Request Form to DAC as soon as practicably possible before moving into campus housing. However, if the request for accommodation is made fewer than 60 days before the individual intends to utilize the accommodation, St. Olaf College cannot guarantee that it will be able to meet the individual’s accommodation needs during the same term of occupancy.

    I. Definitions


    A. Emotional Support Animal (ESA)

    An Emotional Support Animal (ESA) is an animal that provides therapeutic emotional support for an individual with a diagnosed mental health disability.  Unlike Service Animals that are trained to perform specific tasks that are important to the independence or safety of their disabled handler, an ESA is generally not trained to perform disability-specific tasks.  It is a prescribed, necessary part of the mental health provider’s therapeutic plan for the student to address very specific needs. The animal’s therapeutic support is a function of their presence and interaction with the person with a disability.  An animal in the process of being adopted/acquired typically will not be considered for an emotional support animal.

    An ESA is not a pet, but it is an animal typically commonly kept in households as a pet.  HUD/FHA states that an ESA may be a cat (most common), dog, small bird, rabbit, hamster, gerbil, fish, or other small, domesticated animal that is traditionally kept in the home for pleasure.  Under guidelines from HUD, reptiles, barnyard animals, monkeys, and other non-domesticated animals are not considered common household animals.  Exceptions to these guidelines regarding animals serving as ESAs will be considered on a case-by-case basis. Because St. Olaf College housing is communal living with shared bathroom and laundry space; and not private dwellings, St. Olaf College policy prohibits animals which are known to carry zoonotic diseases not otherwise treated by vaccinations. This includes caged rodents and reptiles with cages that need to be cleaned, as the communal nature of sinks in the residence halls are used for fellow residents to brush teeth, wash faces and hands, or wash clothes, and cleaning the cage in these spaces would be unsafe/unhealthy for communal usage.

    The question in determining if an ESA will be allowed in College housing is whether or not the ESA is necessary because of the individual’s disability to afford the individual an equal opportunity to use and enjoy College housing and its presence in College housing is reasonable. However, even if the individual with a disability establishes the necessity for an ESA and it is allowed in College housing, an ESA is not permitted in other areas of the College (e.g. dining facilities, libraries, academic buildings, athletic buildings and facilities, classrooms, labs, individual centers, etc.)

    Animals living outside of a cage must be consistently and reliably housebroken or consistently and reliably use a litter box. Dogs must be at least one year of age. Animals which are typically vaccinated to control diseases (for example rabies) must be up-to-date in their vaccinations. Vaccination records must be presented at the time of request of accommodation.

    B. Owner

    The “Owner” in keeping with Northfield, MN animal ordinances defines this person as owning, harboring or keeping an animal. Because St. Olaf otherwise has a No Pets Policy, the College further defines “Owner” as the individual who has requested the accommodation AND has received approval from Disability and Access to bring an ESA into College Housing.

    C. The Office of Disability and Access (DAC)

    DAC collaborates with individuals, faculty, and staff to ensure that individuals with disabilities have equal access to all St. Olaf College programs and activities.

    II. Procedures For Requesting an Emotional Support Animal in College Housing

    The procedure for requesting an ESA follows the general procedures set forth in the Reasonable Accommodation Policy for College Housing (“Reasonable Accommodation Policy”) and the requirements set forth below. However, to the extent the requirements and procedures in this Policy conflict with the Reasonable Accommodation Policy, this Policy shall control.

    III. Documentation

    Documentation form for a relevant and current Mental Health provider to complete.

    Generally, we accept documentation from providers in the State of Minnesota or the student’s home state who have personal knowledge of the student, consistent with their professional obligations.  Letters purchased from the internet for a set price rarely provide the information necessary to support an ESA request. 

    III. Criteria for Determining If Presence of the Emotional Support Animal (ESA) is Reasonable (list is not exhaustive)

    1. College housing is unique in several aspects including the mandatory assignment of roommates for many individuals and the mandate that individuals must share a room or suite in certain residence halls, as well as shared bathrooms and washing facilities. To ensure that the presence of an ESA is not an undue administrative burden or fundamental alteration of College housing, St. Olaf College reserves the right to assign an individual with an ESA to a single room without a roommate when other options are not possible, or to refuse a certain ESA for which the caring for its cleanliness or cage cleanliness would otherwise depend on using communal washing spaces.
    2. However, for all requests for an ESA, Disability and Access (DAC) shall nonetheless consult with Residence Life in making a determination on a case-by-case basis of whether the presence of an ESA is reasonable. A request for an ESA may be denied as unreasonable if the presence of the animal: (1) imposes an undue financial and/or administrative burden; (2) fundamentally alters College housing policies; (3) poses a direct threat to the health and safety of others or would cause substantial property damage to the property of others, including College property; (4) is not deemed supported
    3. After Disability and Access determines the accommodation of an Emotional Support Animal is supported and reasonable, Residence Life may consider the following factors, among others, as evidence in determining whether or not the presence of the animal is reasonable and making or altering, if necessary, the housing assignments for individuals with an ESA:
    • The space needed for the cage/crate in which the animal will be housed when the student is away from the room is too large for available assigned housing space;
    • The animal’s presence would force another individual from individual housing (e.g. serious allergies);
    • The animal’s presence otherwise violates individuals’ right to peace and quiet enjoyment;
    • The animal is not housebroken or is unable to live with others in a reasonable manner;
    • The animal’s vaccinations are not up-to-date, or vaccination records are not provided;
    • The animal poses health risks from zoonotic diseases or safety concerns regarding containment that cannot be sufficiently mitigated for inclusion in the communal living setting;
    • The animal poses or has posed in the past a direct threat to the individual or others such as aggressive behavior towards or injuring the individual or others;
    • The animal causes or has caused excessive damage to housing beyond reasonable wear and tear.

    St. Olaf College will not limit room assignments for individuals with an ESA to any particular building or buildings because the individual needs an ESA because of a disability.

    St. Olaf College Residence Life retains the right to alter room assignments as appropriate.

    IV. Access to College Facilities By Emotional Support Animals

    A. Emotional Support Animal

    An ESA must be contained within the Owner’s privately assigned individual living accommodations (i.e. dorm room) except to the extent the individual is taking the animal out for natural relief. When an ESA is outside the private individual living accommodations, it must be in an animal carrier or controlled by a leash or harness. ESAs are not allowed in any College facilities other than College residence halls to which the individual is assigned. ESAs are not allowed in the common areas of suite or pod-style living.

    B. Dominion and Control

    Notwithstanding the restrictions set forth herein, the ESA must be properly housed and restrained or otherwise under the dominion and control of the Owner at all times. No Owner shall permit the animal to go loose or run at large. If an animal is found running at large, the animal is subject to capture and confinement and immediate removal from College housing.

    V. Owner’s Responsibilities for Emotional Support Animal

    If the College grants an Owner’s request to live with an Emotional Support Animal, the Owner is solely responsible for the custody and care of the Emotional Support Animal and must meet the following requirements:

    A. General Responsibilities

    1. The Owner must abide by current city, county, and state ordinances, laws, and/or regulations pertaining to licensing, vaccination, and other requirements for animals. It is the Owner’s responsibility to know and understand these ordinances, laws, and regulations. The College has the right to require documentation of compliance with such ordinances, laws, and/or regulations, which may include a vaccination certificate. The College reserves the right to request documentation showing that the animal has been licensed or vaccinated.
    2. The Owner is responsible for cleaning up the animal’s waste and fluids and disposing of such in outside trash containers only. Waste disposal via College plumbing is prohibited. and, when provided, must use animal relief areas designated by the College. The owner should always carry equipment sufficient to clean up and properly dispose of the animal’s waste and fluids. Owners who are not physically able to pick up and dispose of the animal’s waste and fluids are responsible for making all necessary arrangements for assistance. The College is not responsible for these services.
    3. The ESA and associated enclosures will not be bathed/washed using residence hall facilities.
    4. The Owner is required to ensure the animal is well cared for at all times. Any evidence of mistreatment or abuse may result in immediate removal of the ESA and/or discipline for the responsible individual.
    5. St. Olaf College will not ask for or require an individual with a disability to pay a fee or surcharge for an approved ESA.
    6. An individual with a disability may be charged for any damage caused by their ESA beyond reasonable wear and tear to the same extent that it charges other individuals for damages beyond reasonable wear and tear. The Owner’s living accommodations may also be inspected for fleas, ticks or other pests if necessary as part of the College’s standard or routine inspections. 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. The Owner will be billed for the expense of any pest treatment above and beyond standard pest management in the residence halls. The College shall have the right to bill the Owner’s account for unmet obligations under this provision.
    7. The Owner must fully cooperate with College personnel with regard to meeting the terms of this Policy and developing procedures for care of the animal (e.g., cleaning the animal, feeding/watering the animal, designating an outdoor relief area, disposing of feces, etc.).
    8. ESAs may not be left overnight in College housing to be cared for by any individual other than the Owner. If the Owner is to be absent from the College overnight or longer, the animal must accompany the Owner off campus.
    9. The Owner is responsible for ensuring that the ESA is contained/crated when the Owner is not present during the day while attending classes or other activities.
    10. The Owner agrees to abide by all equally applicable residential policies that are unrelated to the individual’s disability such as assuring that the animal does not unduly interfere with the routine activities of the residence or cause difficulties for individuals who reside there.
    11. The animal is allowed in the Owner’s dorm room only as long as it is necessary because of the Owner’s disability. The Owner must notify the Disability and Access (DAC) in writing if the ESA is no longer needed or is no longer in residence. To replace an ESA, the new animal must be necessary because of the Owner’s disability and the Owner must follow the procedures in this Policy and the Reasonable Accommodation Policy when requesting a different animal.
    12. St. Olaf College personnel shall not be required to provide care or food for any ESA including, but not limited to, removing the animal during emergency evacuation for events such as a fire.
    13. Emergency personnel will determine whether to remove the animal and may not be held responsible for the care, damage to, or loss of the animal.
    14. The individual must provide written consent for Disability and Access to disclose information regarding the request for and presence of the ESA to those individuals who may be impacted by the presence of the animal including, but not limited to, Residence Life personnel and potential and/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 individual’s disability.
    15. Emergency Contact must be provided should the animal need to be moved to another place in case of emergency. For dogs, the emergency contact should live within 2 hours of campus. Emergency contacts agree to come collect the Emotional Support Animal immediately upon notification, for the care and safety of the animal. The Emergency Contact cannot be another student in residence at St. Olaf College.

    VI. Removal of ESA

    The College may require the individual to remove the animal from College housing if:

    1. The animal poses a direct threat to the health or safety of others or causes substantial property damage to the property of others;
    2. The animal’s presence results in a fundamental alteration of a College program;
    3. The Owner does not comply with the Owner’s Responsibilities set forth above; or
    4. The animal or its presence creates an unmanageable disturbance or interference with the College community.
    5. The College will base such determinations upon the consideration of the behavior of the particular animal at issue, and not on speculation or fear about the harm or damages an animal may cause. Any removal of the animal will be done in consultation with the Disability and Access Specialist or Disability and Access Advisor and may be appealed to St. Olaf College’s ADA or Section 504 Compliance Officers following the procedure set forth in the Reasonable Accommodation Policy. The Owner 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 Owner is expected to fulfill their housing obligations for the remainder of the housing contract.

    VII. Non-retaliation Provision

    St. Olaf College will not retaliate against any person because that individual has requested or received a reasonable accommodation in College housing, including a request for an ESA.

    IX. Acknowledgement of Policies & ROI Consent Form

    Students approved for an Emotional Support Animal will be required to read and sign the
    Acknowledgement and Release of Information Consent Form     , and to obtain signatures from the appropriate staff listed on the form.

    The College reserves the right to modify this policy as needed.  For additional information concerning the use of a Service Animal or other accommodations and services, please contact Disability and Access at (507) 786-3288 (TOH, room 153) or visit the DAC website at
    http://stolaf.edu/asc/dac