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Policies and Procedures

 

Emotional Support Animal Policy

Policy Regarding Emotional Support Animals: Access to ӰAV Facilities, Programs, Services, and Activities

To begin the process of requesting an Emotional Support Animal (ESA) which is a housing accommodation, please fill out the ӰAV disability application. Documentation for an ESA must be provided from an appropriate medical professional. This can be a medical doctor (M.D. or D.O.) or other doctors including psychiatrists, psychologists, nurse practitioners or licensed mental health professionals who are allowed through their licensure to diagnose mental health disabilities. The documentation should be from a medical professional who is familiar with and has treated and/or diagnosed the student and with whom the student has an established relationship. The documentation they provide should confirm a student's disability and explain how the ESA will alleviate the functional limitations of the student and how the ESA will provide access in student housing.

Emotional Support Animals are a housing accommodation and are only allowed in the student's room/suite/apartment.

ӰAV 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 also committed to allowing ESAs, necessary to provide individuals with mental health or psychiatric disabilities an equal opportunity to use and enjoy University housing. This policy explains the specific requirements applicable to an individual’s use of an ESA in University housing. The University reserves the right to amend this policy as circumstances require.

This policy applies solely to ESAs that may be necessary in University housing. It does not apply to service animals as defined by the ADAAA, and whose presence on campus is explained in the University's Service Animal Policy.

Although it is the policy of ӰAV that individuals are generally prohibited from having animals of any type in University housing, the University will consider a request by a qualified individual with a disability for reasonable accommodation from this prohibition to allow an ESA that is reasonable and necessary because of a mental health or psychiatric disability.

However, no ESA may be kept in University housing at any time prior to the individual receiving approval as a reasonable accommodation pursuant to this policy.

Violations may be referred to Housing and Residence Life.

The Americans with Disabilities Act Amendments Act (ADAAA) as amended defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment.

The United States Housing and Urban Development (HUD) issued new guidelines on January 28, 2020, which states in part: Some websites sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. Under the Fair Housing Act, a housing provider may request reliable documentation when an individual requesting a reasonable accommodation has a disability and disability-related need for an accommodation that are not obvious or otherwise known. In HUD’s experience, such documentation from the internet is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal.

By contrast, many legitimate, licensed healthcare professionals deliver services remotely, including over the Internet. One reliable form of documentation is a note from a person’s health care professional that confirms a person’s disability and/or need for an animal when the provider has personal knowledge of the individual.

An ESA is an animal that provides therapeutic emotional support for an individual with a diagnosed mental health or psychiatric disability. Unlike service animals that are trained to perform specific tasks that are important to the independence or safety of their disabled handler, ESAs are generally not trained to perform disability-specific tasks nor are they required to have any certification. Their therapeutic support is a function of their presence and interaction with the person with a disability. ESA’s are not considered to be pets. An ESA may be a dog (most common), cat, small bird, rabbit, hamster, gerbil, fish, turtle, or other small, domesticated animal that is traditionally kept in the home for pleasure.

Without exception, when the student is not present in their residence, the ESA must be caged, crated or kept in an appropriate container depending on the ESA. This is for the safety of the ESA and others.

A dog or cat, specifically, must be at least nine (9) months of age to live on campus to help ensure the animal is reliably housebroken, trained, and not disruptive to other residents. Dogs and cats are required to have all vaccines necessary to make it safe to be around humans and other animals that may be in residence on-campus and to provide this documentation to Disability and Access Services (“DAS”) yearly.

Under guidelines from HUD, reptiles (other than turtles), 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.

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

The process for requesting Emotional Support Animals (ESAs) follows the general process set forth in the Housing and Accommodations Requests Policies and Procedures and the requirements set forth below; however, to the extent the requirements and procedures in this policy conflict with the general Housing Accommodation policies, this policy shall take precedence.

The student will need to submit an application, or if already approved as a person with a disability, they will need to update their accommodation requests by emailing DAS directly at [email protected].

It is important to note that the University may approve your request to have an ESA, but not approve the specific animal you were hoping to bring. For example, most reptiles and rodents may be rejected because of safety and health concerns, as they can carry zoonotic diseases, which pose a threat to the general welfare of residents in the communal living environment. In addition, all animals must be caged, crated or in a container when the student is away from the residence. Therefore, the size of the crate or container required may not be conducive to the dimensions of the available housing space.

There are many other considerations involved in the assessment of the appropriateness of a specific animal, making it pertinent that all students work closely with DAS throughout this process.

Documentation of your significant mental health or psychiatric disability and the associated need for an ESA should come from a qualified healthcare provider which may include your primary care provider, psychologist, psychiatrist, clinical licensed social worker, etc. who knows and understands your disability and can explain how the presence of the animal may help alleviate your symptoms or functional limitations.

ӰAV is concerned about the growing number of questionable website services that offer to create “ESA letters” for a set price, based on nothing more than, for example, answers to an online survey. Such letters will rarely provide the information necessary to support your request for accommodation, and are not viewed by the institution as a reliable source of information. ӰAV’s ESA Policy and Agreement is a good example of the information required from your health care provider.

In keeping with the Housing Accommodation Request Policies, DAS will accept and consider requests for reasonable accommodation in University housing (including ESAs) at any time.

New Students

For new incoming students, the student making the request for accommodation(s) is encouraged to complete an application with DAS as soon as practicably possible after having paid their housing deposit with the University and no later than sixty (60) days prior to the start of the fall semester, or sixty (60) days prior to the start of spring semester for students entering mid-academic year.

The application or request must include information and documentation required for application with DAS, an application made through the Accessible Information Management (AIM) portal, and any additional documentation necessary to support the housing accommodation/ESA request.

The student requesting the accommodation must meet with the DAS staff or their designee in order to discuss their request. If the request for accommodation is made after the sixty (60) day time frames, the University cannot guarantee that it will be able to meet the individual’s accommodation needs during the first semester or term of occupancy.

Final determinations will not be made until the new student has completed the housing application process. DAS will provide a written response (via the student’s ӰAV email) to a student’s request as soon as practicably possible from the time DAS receives the request and all necessary supporting documentation, and the housing accommodations review process has occurred. This will usually occur within 1-2 weeks of receipt of necessary information.

If other University staff (University Health Services, University Counseling Services, Residence Life, etc.) need to be involved in the review process, there will be a longer wait period.

Returning Students

Returning and/or current students are to contact the DAS staff or its designee and submit housing accommodations requests through the AIM portal for Fall terms by two (2) weeks prior to Housing Selection in the spring semester. If the request for accommodation(s) is made after this date, the University cannot guarantee that it will be able to meet the individual’s accommodation needs during the following academic year. If the need for housing accommodation(s) arises when an individual already resides on campus, the student should contact DAS and meet with the DAS staff or their designee as soon as practicably possible. The University cannot guarantee that it will be able to meet the accommodation needs during the semester or term in which the request is received.

Housing accommodations are granted for the academic year only, therefore requests for housing accommodations must be made each academic year. Updated documentation to support the request may be required. Updated vaccine documentation will be required each year. If the vaccines records expire during the year, updated vaccine information will be required.

The student is responsible for scheduling an intake appointment with the DAS staff.

The information completed on the request form will be reviewed by DAS to determine:

  • That the student is a person with a documented disability;
  • The ESA being requested is necessary to afford the student, as a person with a disability, an equal opportunity to use and enjoy the on-campus housing facilities; and
  • That there is an identifiable relationship or nexus between the disability, the functional limitations/symptoms and the support that the ESA provides.

If DAS determines that an ESA is necessary and reasonable, the office will contact the individual, in writing, within 1-2 weeks of receipt of necessary information regarding the implementation of the accommodation and the student’s responsibilities; however, if other University staff (i.e., University Health Services, University Counseling Services, Housing and Residence Life, etc.) need to be involved in the review process, there may be a longer wait period.

DAS will inform Housing and Residence Life of approved housing accommodations/ESA. If Housing and Residence Life requires additional information, that office will contact the student prior to placement in housing and/or implementation of the accommodation. Students are to respond to Residence Life inquiries (often made via University email) in a timely fashion.

If DAS determines that an ESA is necessary, but unreasonable based on characteristics of the animal in question and the housing environment, DAS will contact the individual, in writing, within 1-2 weeks of its determination and engage in an interactive process with the individual to determine if there are alternative options that might effectively meet the individual’s disability- related needs. If, however, other University staff (i.e., University Health Services, University Counseling Services, Housing and Residence Life, etc.) need to be involved in the review process there may be a longer wait period.

If the individual is unwilling to accept any alternate options offered by DAS, or there are no alternate options available, DAS will provide a written notification to the individual of the denial, the reasons for the denial, the right to appeal the decision, and the procedures for that appeal process. The notification shall be in writing and made within 1-2 weeks of the notification from the individual of their unwillingness to accept any of the alternative accommodations offered or the determination that there are no alternative accommodations available.

An exception to the University animal and pet policy is granted for approved animals provided that their behavior, noise, odor, and waste do not exceed reasonable standards for a well- behaved animal and that these factors do not create an unreasonable living environment or frequent disruptions for other residents. If the noise (crying, barking or meowing, especially when the student is not around) is excessive, as judged by residence life staff, it is grounds to rescind approval for the specific ESA to be in campus housing. The following factors (among others) are used as evidence in determining whether the presence of the animal is reasonable, or in the making of housing assignments for students with ESAs:

  1. The space needed for the cage, crate or container in which the animal will be housed is too large for available assigned housing space;
  2. The animal's presence would force another individual from individual housing (e.g., serious allergies);
  3. The animal is not housebroken, trained, or is unable to live with others in a reasonable manner;
  4. The animal's presence otherwise violates individuals' right to peace and quiet enjoyment;
  5. The animal poses or has posed a direct threat to the individual or others, such as aggressive behavior towards or injuring the individual or others, or the potential of transmission of zoonotic diseases or safety concerns regarding containment that cannot be sufficiently mitigated for inclusion in the communal living setting;
  6. The animal's vaccinations are not up-to-date; or
  7. The animal causes or has caused excessive damage to housing beyond reasonable wear and tear.

An ESA must be within the control of the owner and caged, crated or contained within the privately assigned individual living accommodations (e.g., room, suite, apartment) except to the extent the individual is taking the animal out for natural relief/toilet. When an ESA is outside the private individual living accommodations, it must be in an animal carrier or controlled by a leash or harness. ESA’s are not allowed in any University facilities other than University residence halls (e.g. dormitories, suites, apartments, etc.) to which the individual is assigned. It also cannot be taken into classrooms or other buildings on campus. If an animal is found outside of specified parameters, the animal is subject to capture and confinement and immediate removal from University housing.

It should be noted that the neglect of any animal, regardless of intent, is a violation of the Student Code of Conduct. Potential violations will be referred to the Dean of Students Office.

Note: This is the policy you will receive after completing the entire ESA Approval Process described above. At such a time, you will receive a copy of the ESA Policy and the Agreement below to sign digitally.

Individual's Responsibilities for Assistance Animal

If the University grants an individual’s request to live with an ESA, the individual is solely responsible for the custody and care of the ESA and must meet the following requirements:

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 individual’s responsibility to know and understand these ordinances, laws, and regulations. The University has the right to require documentation of compliance with such ordinances, laws, and/or regulations, which may include a vaccination certificate. The University reserves the right to request documentation showing that the animal has been licensed.
  2. The Owner is required to clean up after and properly dispose of the animal’s waste in a safe and sanitary manner and, when provided, must use animal relief areas designated by the University.
  3. 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 individual.
  4. The University will not ask for or require an individual with a disability to pay a fee or surcharge for an approved ESA.
  5. An individual with a disability may be charged for any damage and excessive cleaning caused by his or her 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 University’s standard or routine inspections. If fleas, ticks or other pests are detected through inspection, the residence will be treated using approved methods by a University-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 University shall have the right to bill the individual‘s account for unmet obligations under this provision.
  6. The Owner must fully cooperate with University 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 waste, etc.).
  7. ESA’s may not be left overnight in University Housing to be cared for by any individual other than the Owner. If the Owner is to be absent from his/her residence hall overnight or longer, the animal must accompany the Owner. The Owner is responsible for ensuring that the ESA is caged, crated, or contained when the Owner is not present while attending classes or other activities.
  8. 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.
  9. The animal is allowed in university housing only as long as it is necessary because of the Owner’s disability. The Owner must notify the DAS staff 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.
  10. University 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 alarm. 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.
  11. The individual must provide written consent for DAS 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.

Removal of Assistance Animal

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

  • The animal poses a direct threat to the health or safety of others or causes substantial property damage to the property of others;
  • The animal’s presence results in a fundamental alteration of a University program;
  • The Owner does not comply with the Owner’s Responsibilities set forth above; or
  • The animal or its presence creates an unmanageable disturbance or interference with the University community.

The University 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 DAS staff and may be grieved through the University’s Grievance procedure. The Owner will be afforded all rights of due process and appeal as outlined in that process.

Should the Assistance Animal be removed from the premises for any reason, the Owner is expected to fulfill his/her housing obligations for the remainder of the housing contract.

Non-retaliation Provision

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

By my signature below, I verify that I have read, understand and will abide by the policy and requirements outlined here and I agree to provide any additional information required to complete my request for a reasonable accommodation under the University’s ESA policy for University Housing.


Service Animal Policy

Policy Regarding Service Animals: Access to ӰAV Facilities, Programs, Services, and Activities

ӰAV recognizes the importance of service animals to individuals with disabilities and has established the following policy regarding service animals (and service animals in training) to provide a reasonable accommodation to people with disabilities. This policy ensures that people with disabilities who require the use of a service animal as a reasonable accommodation will receive the benefit of the work or tasks performed by such animals. The University is committed to allowing people 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. This policy sets forth the specific requirements and guidelines concerning the appropriate use of and protocols associated with service animals. The University reserves the right to amend this policy as circumstances require. This policy does not address the University’s policies concerning the on-campus presence of animals that do not qualify as service animals. See the Policies section of the University’s website for policies concerning the presence of other animals on campus:
http://www.okcu.edu/policies/ 

Approved Animal: An “Approved Animal” is a service animal that has been granted approval as a reasonable accommodation under this policy. An individual requesting an accommodation to bring his or her service animal to campus may be required to provide documentation to support the reasonable accommodation requests, if the need for the animal is not readily apparent. Service animals whose behavior poses a direct threat to the health or safety of others or is disruptive to the campus community may be excluded, regardless of training or certification.

Pet: A “Pet” is an animal kept for ordinary use and companionship. A pet is not considered a service animal or an emotional support animal. It is not covered by this policy. Pets are not
permitted on university property or in university housing. Service Animal: The Americans with Disabilities Act, as amended in 2008, defines a “Service Animal” as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

The work or task that the dog performs must be directly related to the functional limitation of the person’s disability and can include a wide variety of services, such as assisting those with low vision, alerting individuals who are deaf or hard of hearing, pulling a wheelchair, and retrieving items such as medicine or the telephone. Service dogs may also perform tasks such as recognizing and assisting during seizures. For individuals with neurological or psychiatric disabilities, the dog’s tasks may include preventing or interrupting impulsive destructive behavior. For example, for autistic students, service animals can be trained to interrupt inappropriate repetitive behavior with a persistent nudging task.

The following animals are not considered service animals under Title II of the ADA:

  • Any animal besides dogs – regardless of whether they are domesticated or trained;
  • Animals that serve solely to provide a crime deterrent effect; and
  • Emotional support, comfort, or companionship animals.

Therapy Animal: A “Therapy Animal” is an animal that provides affection and comfort and is specifically trained to be gentle and stable in stressful situations. Therapy animals are most often used in hospitals, nursing homes, and mental health facilities, and children’s therapy animals may be incorporated into the treatment process as prescribed by an appropriate healthcare professional. A therapy animal is not considered a service animal.

Trainee: A “Trainee” is a service animal in training, including puppies in training once they are old enough to remain under the control of the handler. The animal must be accompanied by a person who is training the service animal, and the animal must wear a leash, harness, or cape that identifies the animal as a service animal in training. Trainees are not permitted to reside in campus housing. All trainees being trained by University students must register with Campus Disabilities Services.

  1. Training: To work on campus, a service animal must be specifically trained to perform a service function. While not required, evidence of successful completion of a recognized
    licensing or certification program for service animals or a letter documenting training is recommended. If available, a copy of the proof of certification should be on file with the
    Campus Disabilities Services (for students) or the Human Resources office (for faculty/staff).
  2. Identification: It is required that the service animal wear a harness, cape, identification tag or other gear that readily identifies its working status.
  3. Control: The partner/handler must be in full control of the service animal at all times. The care and supervision of a service animal is solely the responsibility of its partner/handler. The service animal must not be left alone for more than 24 hours. The partner/handler must nominate a designee to collect or care for the animal if he or she is not able to do so.
  4. Leash: The service animal must be on a leash at all times.
  5. License and Tags: All service animals must meet local, county, and/or state licensing regulations. It is required that service animals have an owner ID tag.
  6. Health: All animals must comply with local, county, and/or state vaccination and health requirements. Animals to be housed in campus housing must have an annual clean bill of health from a licensed veterinarian, including current vaccinations and immunizations against diseases common to that type of animal.
  7. Clean-up Rule: The partner/handler must (a) always carry equipment sufficient to clean up the animal’s feces; (b) never allow the animal to defecate on any property, university, public, or private (except the partner’s own property), unless the partner/handler immediately removes the waste; (c) be responsible for any damage caused by the waste.

  1. Disruption: The partner/handler of a service animal that is unruly or disruptive may be asked to remove the animal from University facilities. If the improper behavior happens repeatedly, the partner/handler may be required to take significant steps to mitigate the behavior before bringing the animal into any University facility. Mitigation may include muzzling a barking animal, obtaining refresher training for both the animal and the partner, or other appropriate measures.
  2. Health problems for others: If the presence of a service animal in a class, building, or housing unit results in health problems for others, such as asthma or an allergic reaction to fur or pet dander, a change in class schedule or housing may be necessary.
  3. Threat to others: Although the University may exclude a service animal that is out of control or a direct threat to the health and safety of others, the individual with a disability who uses the service animal will be given the option of continuing to utilize or participate in University services without having the service animal on the premises.
  4. Ill Health: Service animals that are ill should not be taken into public areas. A partner/handler with an ill animal may be asked to remove the animal from University facilities.

A person seeking to keep a service animal in University housing must refer to the Housing Accommodation Policy and make a formal request to Campus Disability Services. To do so, the person should submit the appropriate “Request Form for Disabilities Housing Accommodations” so that the student can be assigned to the most appropriate housing location with their service animal, considering the student’s needs and preferences. 

The Campus Disability Services will review requests on an as-needed basis for housing accommodations. The student must request housing accommodations 60 days before arriving on campus. 

While applications submitted after may be accepted and considered, the University cannot guarantee that will be able to meet late applicants’ accommodation needs, including any needs that develop during the semester.

Requests for service animals in housing do not require documentation of disability if the use of the service animal is readily apparent. Rather, students should answer relevant questions on the Request Form regarding requests for service animals.

Campus Disability Services will review the request and, once the request is approved, it will arrange a meeting with the person requesting that a service animal be housed in University housing. This policy will be carefully reviewed with the person at that time. Prior to approval of a service animal, the student’s roommate(s) or suitemate(s) will be notified (if applicable) to solicit their acknowledgement of the approval and to notify them that the approved animal will be residing in shared assigned living space. Upon approval of a service animal, the appropriate residential building staff will be notified. 

Housing personnel will make a reasonable effort to notify tenants in the residence building where the approved animal will be located. Students with medical condition(s) that are affected by animals (e.g., respiratory diseases, asthma, severe allergies) will be advised to contact the Campus Disabilities Services Coordinator if they have a health or safety related concern about exposure to a service animal. The University is prepared to reasonably accommodate individuals with such medical conditions that require accommodation when living in proximity to service animals. The Campus Disabilities Services Coordinator will resolve any conflict in a timely manner. Staff members will consider the conflicting needs and/or accommodations of all persons involved. Campus Disabilities Services staff may use Campus Health Services as a resource for information on health issues. In the event that an agreement cannot be reached, Campus Disabilities Services Coordinator’s decision is final and not subject to appeal.

The University may prohibit the use of service animals in certain locations because of health and safety restrictions (e.g. where the animals may be in danger, or where their use may compromise the integrity of research). Restricted areas may include, but are not limited to, the following areas: custodial closets, boiler rooms, facility equipment rooms, laboratories, areas where protective clothing is necessary, wood and metal shops, motor pools, rooms with heavy machinery, and areas outlined in state law as being inaccessible to animals. Exceptions to restricted areas may be granted on a case-by-case basis by contacting Campus Disabilities Services and the appropriate department representative; the person directing the restricted area has the final decision.


Housing Accommodation Policy

There are a large variety of reasons students may need to request a housing accommodation. Below are some of the most common reasons:

To start the process of requesting a housing accommodation please fill out the . In addition, most disabilities will also require documentation from a medical professional. *Note, Emotional Support Animals are a housing accommodation and follow the housing accommodation process.

For an Emotional Support Animal, documentation must be provided by a medical professional. This can be a medical doctor (MD or DO) or other doctors including psychiatrists, psychologists, nurses, physical therapists, occupational therapists, speech therapists, or a licensed mental health professional. This professional should be one who is familiar with and has treated and/or diagnosed the student and can confirm a student's disability/condition and provide documentation on how the ESA will alleviate the functional limitations of the student.

Housing Accommodation Policy

Disability & Access Services is responsible for evaluating whether to grant or deny requests for reasonable accommodations in University housing.

In evaluating the request, Disability & Access Services will consult with the University Housing, the ӰAV ADA/504 coordinator, and the ӰAV General Council as needed to determine whether the requested accommodation is necessary and reasonable.

Individuals with a disability who reside or intend to reside in University housing and who believe they need a reasonable accommodation must contact Disability & Access Services.

Requests for reasonable accommodation in University housing policies and practices are governed by the following requirements:

An individual with a disability must complete the Request Form For Disability Housing Accommodations (the Request Form) to request a reasonable accommodation. Contact Disability & Access Services to receive a copy of the request form.

ӰAV will accept and consider requests for reasonable accommodations in University Housing at any time. The individual making the request for accommodation should complete and provide the Request Form as soon as possible before moving into University housing.

However, if the request for accommodation is made fewer than 60 days before the individual intends to move into university housing, ӰAV cannot guarantee that it will be able to meet the individual’s accommodation needs during the first term of occupancy.

If the need for the accommodation arises when an individual already resides in University housing, he/she should contact Disability & Access Services and complete the Request form as soon as practicably possible. ӰAV cannot guarantee that it will be able to meet the accommodation needs during the semester or term in which the request is received.

Response Time

Absent exceptional circumstances, the University will attempt to provide a written response to a reasonable accommodation request within ten (10) business days of receiving the information described in paragraph 2 below.

Disability & Access Services shall limit its request for information to only the information necessary to verify whether the individual making the request has a disability and/or evaluate if the reasonable accommodation is necessary to provide the individual an equal opportunity to use and enjoy University housing.

Obvious Disability

If the individual’s disability and the necessity for the accommodation are obvious (e.g. an individual with a physical disability using a wheelchair needs an accessible room), the individual need only explain what type of accommodation he/she is requesting. No verification of disability and/ or necessity is required under these circumstances.

Non-Obvious Disability/Necessity

If the disability is obvious but the need for the accommodation is not obvious, the University may require a letter from your medical provider confirming the requested accommodation is necessary to equal opportunity to use and enjoy University housing, but may not seek information about the individual’s disability.

If the disability and necessity for the accommodation are not obvious, Disability & Access Services will require the individual to produce either medical documentation or a letter from a doctor verifying the individual has a disability, what the current treatment is, and what accommodations would be necessary to provide the individual an equal opportunity to use and enjoy University Housing.

Medical Professional

A medical professional is someone who the individual has been treated by for a long enough time they are familiar with the individual’s condition and needs. This person is usually a medical doctor (M.D. or D.O.) or other licensed professional including a psychiatrist, psychologist, nurse or nurse-practitioner, physical or occupational therapist, or mental health professional. They should be someone who is familiar with and has treated and/or diagnosed the student and can confirm a student's disability/condition(s) and provide documentation on how accommodation will alleviate the functional limitations of the student.

Absent exceptional circumstances, within five (5) business days of receiving the medical documentation and the completed Request form, Disability & Access Services will determine if the accommodation is necessary because of a disability to provide the individual equal opportunity to use and enjoy University Housing.

Response Time

If the information from the medical professional and on the Request form does not contain sufficient information for Disability & Access Services to determine whether an accommodation is necessary, Disability Services will inform the individual in writing that more information is needed and may request more information including speaking directly with the medical professional supplying that information, within five (5) business days of receiving the documentation.

The individual making the request for accommodation must cooperate with Disability & Access Services in a timely manner in providing all information to determine whether the requested accommodation is necessary.

Disability & Access Services may deny the requested accommodation if it is unreasonable. Disability & Access Services shall consult with University Housing to determine if implementing the requested accommodation is reasonable.

An accommodation is unreasonable if it:

  • Imposes an undue financial and or administrative burden;
  • Fundamentally alters university housing policy;
  • Poses a direct threat to the health and safety of others or would cause substantial property damage to the property of others, including university property; and/or
  • Is otherwise unreasonable to the operation of the University.

Disability & Access Services may inquire as to the size/breed of the animal in order to determine the reasonableness of the accommodation.

Response Time

If Disability & Access Services determines a requested accommodation is necessary but unreasonable, Disability & Access Services will contact the individual, in writing, within five (5) business days of its determination and engage in an interactive process with the individual to determine if there are alternative accommodations that might effectively meet the individual’s disability-related needs.

Verbal Explanation and Written Notification

If the individual is unwilling to accept any alternative accommodation offered by Disability & Access Services or there are no alternative accommodations available, Disability & Access Services will provide a verbal explanation and written notification to the individual of the denial, the reasons for the denial, the right to appeal the decision, and the procedures for the appeals process.

The notification shall be in writing and made within five (5) business days of the notification from the individual of his/her unwillingness to accept any of the alternative accommodations offered or the determination that there are no alternative accommodations available.

Appeals

All appeals are reviewed by the Director of Housing. If the appeal is denied, the Director of Housing shall provide written notification of the denial to the individual and a written explanation with all of the reasons for the denial.

An individual may also use the grievance procedure provided under the general university antidiscrimination policies. This grievance procedure can be found here.

In processing requests for reasonable accommodations, the University will take all steps required by federal, state, and/ or local law to protect the confidentiality of any information or documentation disclosed in connection with the requests.

Confidentiality Measures

Such measures may include limiting access to such information to individuals specifically designated to determine and implement requests for reasonable accommodations, who will disclose the information only to the extent to determine whether to grant the request, determine if the request is unreasonable, and implement any request granted, keeping all written requests and accompanying documentation in a secure area to which only those designated individuals have access, except otherwise by law.

ӰAV will not retaliate against any individual because that individual has requested or received a reasonable accommodation in University Housing.


How to File a Disability Access Grievance

ӰAV is committed to providing its students, faculty, staff, guests, and visitors an environment free from discrimination, harassment, intimidation, retaliation, exploitation, or violence based on sex (gender), race, age, ancestry, color, disability, genetic history, national origin, marital status, medical condition, religious creed, sexual orientation, gender identity/expression, pregnancy, parenting status, status as a veteran, or the perception that a person has one or more of these characteristics.

The University has a zero-tolerance policy for discrimination, harassment, retaliation, or violence. Allegations of such prohibited conduct will be investigated, and anyone found to have violated the University’s Policy concerning Actions that Constitute Discrimination, Harassment, Sexual Violence, and/or Retaliation will be subject to University sanctions, as well as possible civil and criminal penalties.

Outlined in the document linked below are the procedures to be used in filing a grievance alleging discrimination and a violation of the University's policies prohibiting such behavior.

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