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Student Access Services (SAS)

Service Animals vs. Emotional Support Animals (ESA)

Service Animal Policy 

The Americans with Disabilities Act (ADA) defines service animals as “dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or tasks a dog has been trained to provide must be directly related to the person’s disability.” A service dog can be any breed or size. It might wear specialized equipment such as a backpack, harness, or special collar or leash, but this is not a legal requirement. 

If a dog meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government or a training program. The ADA further states that “dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.” The ADA allows service animals accompanying persons with disabilities to be anywhere that is open to the public on University premises. University premises shall mean any land and/or facility owned, leased, rented and/or occupied by Rose State College. There may be individual exceptions in places where the presence of the service animal may compromise safety or a sterile environment and/or interfere with the fundamental nature of the activities being conducted in which the service animal would be not permitted.

Voluntary Registration of Service Animals While on Campus

For those individuals who are enrolled in courses that would like to voluntarily register their service animal with the College, please contact Student Access Services at (405) 733-7407 (SSB 107i). As stated, this is voluntary, but may aide one in accessing the college premises. Registration is not available for visitors to campus or service dogs in training.

Inquiries

The individual’s disability may not be visible. When it is not obvious what service an animal provides and the owner has chosen not to voluntarily register their service animal with Student Access Services (SAS), only limited inquiries are allowed.

College personnel may ask two questions in determining the validity of the presence of the animal: (1) is the dog a service animal required because of your disability, and (2) what work or task has the dog been trained to perform. College personnel cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

Emotional Support Animal Policy

Rose State College recognizes that living on campus and being in college can be stressful for students. In accordance with the Fair Housing Amendments Act (FHA), the college will consider a housing accommodation request to allow students experiencing significant mental health disabilities to keep an Emotional Support Animal (ESA) with them in-residence. Rose State is committed to allowing ESAs necessary to provide students with significant mental health disabilities an equal opportunity to use and enjoy College Housing. This policy explains the specific requirements applicable for use of an ESA in College Housing. Rose State College reserves the right to amend this policy as circumstances require. This policy applies solely to ESAs which may be necessary in University Housing. It does not apply to service animals as defined by the ADA.

It is the policy of Rose State College that individuals are generally prohibited from having animals of any type in University Housing. Student Access Services will consider a request by a student with a significant mental health disability to allow an ESA as a reasonable accommodation. No ESA may be kept in College Housing at any time prior to the student receiving approval pursuant to this policy. Individuals found with unauthorized animals in College Housing will be subject to disciplinary sanctions.

Rose State College will not ask for or require a student to pay a deposit or surcharge for an approved ESA.

Definition

Emotional Support Animals are a category of animals that provide necessary emotional support to an individual with a significant mental health disability that alleviates one or more identified symptoms of an individual’s disability, but which are not considered service animals under the ADA, as amended, and Rose State College’s Service Animal Policy. In most cases, ESAs provide the necessary support without any formal training or certification. Dogs are commonly used as ESAs, but other animals may serve a person with a significant mental health disability as an ESA.

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 significant mental health disability to afford that individual an equal opportunity to use and enjoy College Housing and its presence in College Housing is reasonable (See “Criteria for Determining if Presence of the ESA is Reasonable” below for further explanation). However, even if the individual with a significant mental health disability establishes necessity for an ESA and it is allowed in University Housing, that ESA is not permitted in other areas of the University (e.g. dining facilities, libraries, academic buildings, athletic buildings and facilities, classrooms, labs, etc.).

The need for a student to have an animal that is not a service animal in other areas of the College must be established under the rules governing requests for accommodation under Section 504 and/or the ADA through the Office of Student Access Services.

Criteria for Determining If Presence of the ESA is Reasonable

  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. To ensure that the presence of an ESA is not an undue administrative burden or fundamental alteration of College Housing, Rose State College reserves the right to assign an individual with an ESA to a single room without a roommate. Additionally, if roommates have objections to sharing their living quarters with the ESA, alternative living arrangements may be necessary. Such decisions will be made on a case-by-case basis.
  2. Residence Life may consult with Student Access Services in deciding 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; and/or (4) would cause substantial property damage to the property of others, including College property.
  3. Rose State College may consider the following factors, among others, as evidence in determining whether the presence of the animal is reasonable or in the making of housing assignments for individuals with ESAs, including, but not limited to:
  1. The space available is insufficient to house the animal and the necessary cage/crate to hold the animal;
  2. The animal's presence would force another individual from individual housing (e.g. serious allergies);
  3. The animal's presence otherwise violates individuals' right to peace and quiet enjoyment;
  4. The animal is not housebroken or is unable to live with others in a reasonable manner;
  5. The animal does not meet city, county, and/or state ordinances;
  6. The animal poses or has posed in the past a direct threat to the safety or health of an individual or others such as aggressive behavior towards or injuring an individual or others; or potential transmission of zoonotic diseases exist that cannot be effectively mediated;
  7. The animal causes or has caused excessive damage to housing beyond reasonable wear and tear.
  8. Rose State College believes that College Housing is not an appropriate setting to raise a young puppy/kitten. Generally, dogs must be at least 10 months of age and cats six months of age, be spayed or neutered, before being allowed to live in-residence.
  9. Generally, only one ESA is allowed per residence unit and one ESA will be approved for a student, in order to fulfill the intent of the FHA requirement.

General Use Guidelines

  1. Living Space An ESA must be contained within the Owner’s privately assigned individual living accommodations (e.g., room, suite, or apartment) 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.
  2. 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.
  3. Owner’s Responsibilities If the College grants an Owner’s request to live with an ESA, the Owner is solely responsible for the custody and care of the ESA and must meet the following requirements:
  1. The Owner must abide by current city, county, and state ordinances, laws, and 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.
  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. 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. Additionally, the animal is not to be bathed or its cage/crate, or bedding cleaned using College Housing or College facilities.
  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 responsible individual.
  4. The Owner may be charged for any damage caused by the ESA beyond reasonable wear and tear to the same extent 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 as necessary. 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 College Housing. The College shall have the right to bill the Owner’s account for unmet obligations under this provision.
  5. The Owner must fully cooperate with College personnel with regard to meeting the terms of this policy and procedures related to the care of the animal (e.g., cleaning the animal, feeding/watering the animal, designating an outdoor relief area, disposing of waste/fluids, etc.).
  6. 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 overnight or longer, the animal must accompany the Owner or other off campus arrangements must be made. The Owner is responsible for ensuring the ESA is contained (caged or crated), as appropriate, when the Owner is not present while attending classes or other activities. The College reserves the right to inspect the enclosure used in containing the animal.
  7. The Owner agrees to abide by all equally applicable residential policies that are unrelated to the individual’s disability such as assuring the animal does not unduly interfere with the routine activities of the residence or cause difficulties for individuals who reside there.
  8. The animal is allowed in College Housing only as long as it is necessary because of the Owner’s approved accommodation.
  9. To replace an approved ESA, an appointment with Student Access Services must be made and new documentation must be brought in. The process will resume with College Housing.
  10. Rose State 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 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 Owner must provide the name and contact information for someone who does not reside in College Housing and who can take responsibility for the animal within 6 hours should the Owner be unable or unavailable to care for it.
  12. The individual acknowledges information may be shared 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.
  13. The Owner is responsible for instructing others on appropriate interactions with the animal and setting clear expectations.

Exclusions

Rose State College may require the Owner to remove the animal from College Housing in the timeframe determined by College Personnel 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.

Rose State 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 Student Access Services. If the ESA is excluded from University Housing, the animal must remain off campus during any appeals process. Should the ESA be removed from the premises for any reason, the Owner is expected to fulfill all housing obligations for the remainder of the housing contract.

If it is determined that the animal must be removed from College Housing and the student fails to comply with the stated timeframe, the College may have the animal removed to the nearest, appropriate animal shelter, at the Owner’s expense. Additionally, failure to comply with the order for removal may result in disciplinary action.

Procedures for Requesting ESAs in University Housing

A student with a significant mental health disability who wishes to request an emotional support animal in College Housing must contact Student Access Services at (405) 733-7407 at least 60 days in advance of the semester for which an ESA is requested so that appropriate arrangements regarding accommodation determination, placement, roommates, etc. can be made.

Rose State College’s Student Access Services office may reevaluate the need for one’s ESA as necessary. Emotional Support Animals are subject to the College’s Housing Service Animal and Emotional Support Animal Agreement Form.

Mandatory Registration of Emotional Support Animals While on Campus

For those individuals who live in College Housing and have been approved to have an ESA live with them, registration of the animal is required with the College’s Student Access Services office. Registration is not available for visitors to campus.

Documentation Criteria

Documentation of a significant mental health disability and the associated need for an ESA should come from a mental health provider with whom an established provider-patient relationship exists and knows and understands the difficulties and can explain how the presence of the animal may help to alleviate one’s symptomology. The College is concerned about the growing number of questionable website services that offer to “certify” an ESA or to create an ESA letter for a set price, based on nothing more than for example, answers to an online survey. There is no formal recognized certification of ESAs and such letters will rarely provide the information necessary to support a request for accommodation, and are not viewed by the University as a reliable source of information.

Student Access Services is determined to aide in your success as a Rose State College Raider! If you require assistance, please contact us by email at studentaccessservices@rose.edu or by phone at (405) 733-7407.

We are located at
6420 Southeast 15th Street
Student Services Building (SSB), Room 107i
Midwest City, OK 73110

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