Housing accommodations can be provided to students with a documented disability whose ability to live in a standard housing environment is impacted. Students may require accommodations such as a private room, private bathroom, wheelchair access, visual fire alarm, kitchen access, among others. Disability Resources will coordinate with Housing Operations and Residence Life to work out any needed accommodations. In order to receive housing accommodations, you will need to complete the following:
- Apply for University Housing- Only accepted students can apply for housing. You will need your MyJaxState username and password before applying. You will also need to pay the non-refundable application fee.
- Register for DR Services- There are two ways that students can apply for DR services. Students may submit the online request for services form or fill out an intake form in the DR office. The printable version of the intake form is available on the DR website. An online form can be submitted electronically through the Office of Disability Resources’ website.
- Submit Documentation to Disability Resources
- DR will work to arrange accommodations for Housing Operations and Residence Life-Please note that students requesting accommodations for residence halls should submit the request as early as possible, preferably before the May 1st priority date. Every effort will be made to arrange reasonable accommodations, but this becomes increasingly difficult as residence halls approach capacity before the fall semester.
Students with disabilities are assigned roommates in the same manner as all other applicants unless they specifically request a private room and depending on availability.
Our office recognizes that some students require and benefit from the use of service and emotional support animals. The policies regarding the use of service and support animals in housing is outlined below.
Service and Emotional Support Animals Policy
Jacksonville State University is committed to reasonably accommodate individuals with disabilities who require the assistance of “service animals” as defined by the Americans with Disabilities Act (ADA) and “emotional support animals” under the Fair Housing Act (FHA). The University is also mindful of the health and safety concerns of the campus community. The University must balance the need of the individual with the disability with the potential impact of the animal on other members of the campus community. This policy explains the specific requirements applicable to an individual’s use of service and emotional support animals. The University reserves the right to amend this policy as circumstances require. The successful implementation of the policy requires the cooperation of individuals, faculty, and staff.
Definitions
Disability: “Disability” is defined as a physical, mental, or medical condition or impairment that limits one or more of a person’s major life activities or is demonstrable by medically accepted clinical or laboratory diagnostic techniques. These limitations may include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning.
Owner: The “owner” is the student or individual who has made the requested accommodation and has received approval for an Emotional Support Animal or is the individual who owns a service animal.
Service Animal: A “service animal” as defined in Title II of the Americans with Disabilities Act (ADA) is any animal (most often a dog) that is individually trained to work or perform tasks for the benefit of an individual with a disability including physical, psychiatric, intellectual, sensory, or other mental disabilities. The tasks a service animal provides is directly related to the functional limitations of the individual’s disability and include but are not limited to guiding individuals with visual impairments; alerting persons with hearing loss to intruders or sound; providing minimal (non-violent) protection or rescue work; pulling a wheelchair; assisting an individual during a seizure; or fetching dropped items. A service animal may be present in residence halls as well as academic buildings and other campus facilities unless the animal presents an unreasonable threat to health or safety. Animals younger than 4 months of age are not considered service animals. A pet or other animal whether the animal is trained or untrained whose sole function is to provide companionship, comfort, or emotional support does not qualify as a service animal.
Emotional Support Animal: An “emotional support animal’ (“ESA”) is an animal that provides comfort to an individual with a disability upon the recommendation of a qualified healthcare or mental health professional. An emotional support animal does not assist persons with a disability with activities of daily living but rather its role is to live with a student and alleviate the symptoms of an individual’s disability to provide equal opportunities to use and enjoy residential life at the University. An ESA is primarily limited to residence halls and designated outdoor areas on campus and is not permitted in academic buildings and other campus facilities. Animals younger than 4 months of age are not considered emotional support animals. An emotional support animal is not a service animal. Emotional Support Animals are governed through Housing and Urban Development’s Section 504 regulation and the Fair Housing Act.
Pet: A pet is an animal kept for ordinary use and companionship unrelated to a disability. A pet is not considered a service animal or an emotional support animal, and therefore, is not covered by this policy. Individuals are not allowed to have pets on university property, except where allowed by Office of Housing Operations and Residence Life and Residence Life in specific housing units. Students are encouraged to contact housing about specific pet-friendly housing areas.
Reasonable Accommodation: A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have equal opportunity to use and enjoy a dwelling, including public and common use spaces.
Responsibility of Persons with Service or Emotional Support Animals
Care and Supervision: Care and supervision of the service or emotional support animal is the sole responsibility of the student who benefits from the animal’s use. The student is required to maintain control of the animal at all times. The student is responsible for ensuring the cleanup of the animal’s waste and, when appropriate, must relieve the animal in areas designated by the University. Animal owners should purchase and utilize disposal bags for solid pet waste and place in trash receptacles. Students accompanied by assistance animals must comply with local laws and public health requirements concerning vaccinations, licensing, and registration that applies to all animals of that species. Appropriate vaccination/health records (which may vary depending on the type of animal) must be submitted to Disability Resources before emotional support animals can be brought to campus. Annual updates regarding the ESA’s health and vaccinations are required to be submitted by the student. The University may ask that the animal be removed if it is deemed to be neglected or in need of medical care.
Health and Safety: The student is responsible to ensure that the health and safety of others is not threatened by a service animal or emotional support animal. Similarly, animals authorized to live in university housing must not interfere with others’ enjoyment of the residential space (e.g., by barking except in conditions consistent with the animals training, creating unsanitary conditions, etc.). The University reserves the right to request vaccination and licensing information for emotional support animals, but this information will not be requested for service animals.
Emergency Contact Information: Students with service animals are encouraged to voluntarily register their service animals with Disability Resources to assist with the identification of the service animal in the event of an emergency. Emotional Support Animals (ESAs) must be registered. Students with ESAs are to provide emergency contact information to Disability Resources and Office of Housing Operations and Residence Life in the event that the owner of an ESA is hospitalized or there is another form of emergency where the owner is incapacitated and unable to care for the animal. These shall be individuals who agree to remove the ESA from campus for temporary care. Failure or refusal to remove the ESA may result in the University relocating the ESA to an animal boarding facility at the student’s expense.
Other Conditions: In response to a particular situation, Jacksonville State University may impose reasonable conditions or restrictions, if necessary to ensure the health, safety, and reasonable enjoyment of others.
Misrepresentation of Service or Assistance Animals
According to Ala. Code 1975 § 21-7-4, A person who knowingly and willfully misrepresents himself or herself, through conduct or verbal or written notice, as using a service animal and being qualified to use a service animal or as a trainer of a service animal is guilty of a Class C misdemeanor, and in addition to any fines and penalties provided by law, shall perform 100 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization, at the discretion of the court, to be completed in not more than six months. A person convicted of a second or subsequent violation of this subsection of code shall be guilty of a Class B misdemeanor and shall be fined one hundred dollars ($100).
The Alabama Assistance and Service Animal Integrity in Housing Act prohibits the misrepresentation of entitlement to an assistance animal (e.g., an emotional support animal) or service animal (Ala. Code 1975 § 24-8A-4). A person commits the offense of misrepresentation of entitlement to an assistance animal or service animal if the person intentionally 1) misrepresents to another person that a person has a disability or disability-related need for the use of an assistance animal or service animal in housing; or 2) makes materially false statements for the purpose of obtaining documentation for the use of an assistance animal or service animal in housing.
This law further prohibits the misrepresentation of an animal as an assistance animal or service animal. A person commits the offense of misrepresentation of an animal as an assistance animal or service animal if a person intentionally 1) creates a document that misrepresents an animal as an assistance animal or service animal for use in housing; 2) provides a document to another person falsely stating that an animal is an assistance animal or service animal for use in housing; or 3) fits an animal, which is not an assistance animal or service animal, with a harness, collar, vest, or sign that the pet is an assistance animal or service animal for use in housing.
Upon first offense, a violation of either provision shall be subject to a civil penalty of five hundred dollars ($500) or treated as a Class C misdemeanor. Any second or subsequent violation shall be a Class B misdemeanor.
Any concern regarding a potential violation under this section may be reported to the JSU Police Department.
Expectations of Faculty, Staff, and Other Members of the University Community
Members of the University community are expected to abide by the following practices:
- Allow a service animal to accompany its owner at all times and in all places on campus, except where the presence of the service animal would present an unreasonable threat to health or safety. In extraordinary situations or settings, such as animal research laboratories and areas housing research or teaching animals, it may be necessary to ban service animals. In those situations, the University will work with individual to determine other options for the individual to receive the benefit of the University’s program.
- Do not touch or pet service or emotional support animal without express permission from owner.
- Do not feed a service or emotional support animal.
- Do not deliberately startle a service or emotional support animal.
- Do not separate or attempt to separate an owner from his or her service or emotional support animal.
- Do not inquire for details about a person’s disabilities. The nature of a person’s disability is a private matter.
Removal of Service or Emotional Support Animal
The owner of a service or emotional support animal may be asked to remove the animal from university facilities if the owner or animal fails to comply with the policy. The following describes behaviors which may result in the removal of the animal.
Disruptive Behavior: An animal may be removed if its behavior is unruly or disruptive (e.g., barking, growling, damaging personal belongings of individuals’ other than the owner, running around, or displaying aggressive behavior). The owner may be prohibited from bringing the animal on campus until the owner takes significant and effective remedial steps to correct the animal’s behavioral problems. Disruptive or destructive behavior of service animals or ESA’s may be considered a violation of the JSU Student Code of Conduct.
Poor Health: Animals with health conditions that pose a threat to others are not permitted.
Uncleanliness: The animal must be kept clean and free of pests. Owners who fail to properly clean up and dispose of the animal’s waste may be required to remove the animal from university property. It is the responsibility of the owner to relieve the animal in designated areas and to bag and dispose of solid pet waste in a trash receptacle. An animal that becomes wet from walking in the rain, mud, but is otherwise clean, is considered a clean animal.
Responsibility for Damage and/or Uncleanliness: Owners of service or emotional support animals are solely responsible for any damage to persons or property caused by their animal. The owner’s residence and/or work area may be inspected for physical damage, fleas, ticks, or other pests. If fleas, ticks, or other pests are detected through inspection, the residence or work area will be treated using approved fumigation methods from a university-approved pest control service. The owner will be billed for the expense of any treatment. The owner’s residence and/or work area may be inspected to ensure that it is being properly cleaned and that sanitary and safe conditions are maintained. If required, the owner will be billed for the expense of the additional cleaning required.
Service and Emotional Support Animals in University Housing
Service and emotional support animals may not reside in university housing without express written approval of university officials. Student requests should begin in the Office of Disability Resources (DR) (2nd Floor, Houston Cole Library) who will verify the need for reasonable accommodations. If the request is approved, DR staff will communicate with appropriate staff in Office of Housing Operations and Residence Life about the request for service animal or ESA. Office of Housing Operations and Residence Life may make adjustments on room assignments as needed to ensure that the preferences of students not wishing to live with animals are respected. Office of Housing Operations and Residence Life will obtain a roommate memorandum of agreement for those living in the same room as someone utilizing a service or emotional support animal. Faculty or staff requests for reasonable accommodations including service and emotional support animals should be directed to the Human Resources.
Service Animals
If it is readily apparent that the individual has a disability and that the animal is a service animal, no further information will be requested. If it is not readily apparent that the animal is a “service animal” such request should be processed as follows:
- A student requesting to live with a service animal should provide the Office of Disability Resources AND Office of Housing Operations and Residence Life with as much notice as possible.
- An individual may be asked if the service animal is required because of a disability and to explain the work or task that the animal has been trained to perform. The animal will not be required to demonstrate this task and no documentation of training will be required.
Emotional support animals
- A student requesting an emotional support animal should provide the Office of Disability Resources and Office of Housing Operations and Residence Life with as much notice as possible. A student is not permitted to live with an emotional assistance animal until expressly approved to do so by both offices. Disability Resources will review submitted information and determine if a qualifying disability exists.
- All students requesting accommodations, including those involving an emotional support animal, must complete Request for Services form.
- The form will be reviewed, and the request will be assigned to a Disability Specialist.
- The student should provide a signed letter, on professional letterhead, from a qualified medical or mental healthcare professional. This can include the person’s psychiatrist, licensed mental health provider (LPC or LICSW), licensed psychologist, psychiatric nurse, or medical practitioner (M.D., DO, CRNP). The provider or therapist should have a clinical, therapeutic, or treatment-based relationship with the student requesting accommodation, be licensed in Alabama or the student’s home state, and be familiar with the professional literature concerning the assistive and/or therapeutic benefits of assistance animals for people with disabilities. Staff employed in Counseling Services may not be able to issue documentation regarding requests for ESA’s.
Some websites market and sell certifications, registrations, and other licensing documents for assistance animals to anyone who completes a brief survey or answers a brief questionnaire and pays a fee. These forms of documentation from such vendors may not be considered reliable. Documentation lacking a demonstration of an evaluation that the provider has personally evaluated/treated a student are likely to be considered unreliable. Under the Fair Housing Act, reliable documentation may be requested when an individual is requesting a reasonable accommodation and the disability-related need for an accommodation is not obvious or otherwise known. 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. We recognize that some healthcare professionals do deliver services remotely including over the internet. All requests are reviewed on a case-by-case basis. At a minimum, the letter should include the following terms:
- The credentials and contact information of the evaluators.
- The provider’s professional opinion or diagnostic statement that the individual’s condition qualifies as a disability and the basis for that opinion. The provider has a personal knowledge of the individual.
- The provider’s opinion that the emotional support animal is required to help alleviate symptoms associated with the person’s disability and to allow the person to use and enjoy university housing services.
- A description of the comfort of assistance that the animal will provide or how that animal serves as an accommodation for the verified disability.
- The letter from the provider must be signed by the provider with their credentials listed and on their official letterhead.
- The Office of Disability Resources will review documentation and, if the Office of Disability Resources determines a qualifying disability exists, it will forward a recommendation to the Office of Housing Operations and Residence Life. If the student is approved for an ESA, the Disability Specialist will have the student complete a Memorandum of Understanding and will forward it to Office of Housing Operations and Residence Life. An Office of Housing Operations and Residence Life staff member will meet with the student requesting that an emotional support animal be housed in university housing, as housing deems appropriate. This policy will be carefully reviewed with the person at that time. The request for an ESA may be denied if proper documentation is not presented or if such an accommodation is deemed unreasonable. Examples of unreasonable accommodations may include one that poses a direct threat to the health and safety of others that is not able to be mitigated by another reasonable accommodation, the animal would cause substantial physical damage to property or belongings that cannot be mitigated by another reasonable accommodation, one that provides an undue administrative or fiscal burden to the university, etc. The submission of a request for an ESA does not guarantee the specific accommodation request will be approved. Students are expected to complete the ESA request process and receive approval from Disability Resources and Office of Housing Operations and Residence Life before engaging in any activities or behavior related to the requested ESA accommodation.
Service and Emotional Support Animals in Areas other than a Residential Unit
If it is readily apparent that the individual has a disability and that the animal is a service animal, no further information will be requested. If it is not readily apparent that the animal is a “service animal”, the individual will be asked if the service animal is required because of a disability and to explain the work or task that the animal has been trained to perform. The animal will not be required to demonstrate this task and no documentation of training will be required. Emotional Support Animals should remain primarily in the residential unit and should not be present in academic buildings or other campus facilities.
Visitors
Visitors are permitted to bring service animals to campus in accordance with ADA and existing policy. Visitors may not bring emotional support animals. All visitors with service animals must adhere to the same service animal policies, guidelines, and mandates as students attending JSU.
Conflicting Disabilities
JSU’s Office of Housing Operations and Residence Life will make a reasonable effort to notify individuals in the residence hall where the animal will be located of the existence of a service or emotional support animal in the building.
Individuals with medical condition(s) that are affected by animals (respiratory diseases, asthma, severe allergies) should contact Office of Housing Operations and Residence Life if they have a health or safety-related concern about exposure to a service or emotional support animal. The individual will be asked to provide medical documentation that identifies the condition(s) and will allow determination to be made as to whether the condition is disabling and whether there is a need for an accommodation.
Office of Housing Operations and Residence Life will resolve any conflict in a timely manner, considering the conflicting needs and/or accommodations of all persons involved. In the event an agreement cannot be reached; the final decision will be made through the applicable grievance policies.
Questions
Questions or concerns related to this policy should be addressed to:
- Disability Resources, 2nd Floor, Houston Cole Library (256-782-8380)
- Office of Housing Operations and Residence Life 111 Angle Hall (256-782-5122)
- VP for Student Success, 1st Floor, Houston Cole Library (256-782-5020)
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Adapted from Syracuse University Service and Emotional Support Animals policy. Consulted with websites from University of Minnesota, Catholic University of America, NACUA Notes, Brigham Young University, Columbia University, University of Alabama – Birmingham, and University of South Alabama for additional adaptations.
Additional Resources and References below.