General Considerations
Hendrix College recognizes the importance of service,
emotional support, and therapy animals for individuals with disabilities and
has established the following policy regarding assistance animals (and Service
Animals in Training) and emotional support, and therapy animals, to assist
students with life issues. The policy ensures that students with disabilities,
who require the use of assistance animals as a reasonable accommodation,
receive the benefit of the work or task performed by such animals or the
therapeutic support they provide. Hendrix is committed to allowing students
with disabilities the use of an assistance animal on campus to facilitate their
full participation and equal access to the College’s programs and activities.
The College also recognizes that the presence of such animals may, however,
present health, safety, security, and programmatic issues for other members of
the community.
The College reserves the right to enforce all
relevant rules for the use of assistance animals through the student conduct
code and applicable laws. The College also reserves the right to revoke
permission granted for the campus presence of any assistance animal whose owner
fails to follow the requirements set forth in this procedure. Additionally, the
College reserves the right to change this policy as necessary.
Requests for therapy and emotional support
animals will only be reviewed under this policy for college housing. These
animals will not be allowed in other campus facilities. Requests that do not
carry evidence of the necessity of the animal will be denied.
Definitions
Fair
Housing Act
The Fair
Housing Act prohibits discrimination on the basis
of disability in all types of housing transactions. The Act defines persons
with a disability to mean those individuals with mental or physical impairments
that substantially limit one or more
major life activities. The term mental or physical impairment may include
conditions such as blindness, hearing impairment, mobility impairment, HIV
infection, mental retardation, alcoholism, drug addiction, chronic fatigue,
learning disability, head injury, and mental illness. The term major life
activity may include seeing, hearing, walking, breathing, performing manual
tasks, caring for one's self, learning, speaking, or working. The Fair Housing
Act also protects persons who have a record of such an impairment, or are
regarded as having such an impairment.
What
is a Disability?
In order to qualify for a reasonable accommodation under the FHA, 504,
or the ADA, the student must meet the statutory definition of having a
“disability.”
“Disability” is defined as a physical or mental condition or impairment
that is medically recognizable, and diagnosable, and that substantially limits
one or more of a person’s major life activities. These limitations may include:
caring for oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, working, and learning. A person is substantially limited
in major life activities if the individual is unable to perform the activity,
or is significantly restricted as to the manner in which he or she can perform
that activity when compared to the average person. Acceptable documentation of disability
can be from either a medical or mental health provider. It should verify the
disability as well as the need for an assistance animal.
What
is a Service Animal?
A “Service Animal” performs functions and tasks that the individual with
a disability cannot perform for him or herself. Service animals are
individually trained to do work or perform tasks for the benefit of an
individual with a disability. These tasks include, but are not limited to:
guiding individuals with impaired vision, alerting individuals who are hearing
impaired to intruders or sound, providing minimal protection or rescue work,
pulling a wheelchair, or fetching dropped items. Please
see the Service Animal document for more
details.
What
is a Therapy Animal?
A Therapy Animal may soothe anxiety in some individuals, but does not
assist an individual with a disability in activities of daily living. Therapy
animals are not service animals and will not necessarily qualify as a
reasonable accommodation under ADA. If they meet the qualifications as a
reasonable accommodation, then such animals can only be permitted in housing and
not in public indoor areas on campus.
What
is an Emotional Support Animal?
An “emotional support animal” often referred to as a “companion animal”
is an animal whose sole responsibility is to provide calming influence,
affection, stability, or security. An emotional support animal should
demonstrate a good temperament and reliable, predictable behavior. Unlike a
service animal, an emotional support animal does not assist a person with a
disability with activities of daily living, nor does it accompany a person with
a disability at all times. An emotional support animal, however, may be
incorporated in a treatment process to assist in alleviating the symptoms of
that individual’s disability. This treatment occurs within the person’s
residence. Emotional support animals are not service animals and will not
necessarily qualify as a reasonable accommodation under ADA. If they meet the
qualifications as a reasonable accommodation, then such animals can only be
permitted in housing and not in public indoor areas on campus. Generally, the presence of only one ESA will
be approved for a student, in order to fulfill the intent of the FHA
requirements in providing support to the student with a mental health
disability.
For ease in interpreting this document, all prospective animals will be
labeled as ‘assistance animals.’
Approved
Animal
An “approved animal” is an assistance animal that has been granted as a
reasonable accommodation under this policy.
Owner
The “owner” is the student or other covered person who has requested the
accommodation and has received approval to bring the “approved animal” on
campus.
Procedures
How can
I apply for an assistance animal?
Students may apply for an assistance animal through the Office of
Academic Success (OAS).
Assistance animals may not reside in College housing without express
approval from College officials. Such requests should be processed as
follows:
1. Submit the
following forms:
Assistance Animal Request Form
Signature block from Animal Policy
Medical Verification form (this form must be completed by an off-campus healthcare provider, and also requires a letter from the same healthcare provider)
It is
important to note that the College may approve your request to have an ESA, but
not approve the specific animal you hoped to bring to campus. For example, most
reptiles, rodents and monkeys may be rejected because of health and safety
concerns, as they can carry zoonotic diseases which pose a threat to the general
welfare of residents in the communal living environment. Assistance animals
(dogs and cats specifically) must be at least one year of age, to ensure
reasonable independence and maturity.
- Register with
the OAS
- Provide
verification of disability to OAS
- Provide
letter from medical provider stating purpose for assistance animal
- If student
receives conditional approval from first round of forms, the student must
then submit the following forms:
A. Animal
Registration Form;
B. Roommate/Suite mate
Acknowledgment Form;
C. veterinary
(immunization) records, particularly rabies;
D. photograph of
animal
E. proof of licensing
in Faulkner County if the animal is a dog or a cat.
F. Provide documents verifying the animal provides assistance to mitigate
or alleviate a symptom of the identified disability
*Applicants should make arrangements with
their external healthcare provider for the exchange of information with Hendrix
College, since the student’s healthcare provider may be contacted for
clarification. Healthcare providers must be certified/accredited in one of the
following categories:
A. M.D.
B. Ph.D.
C. Nurse Practitioner
D. Licensed counselor or
therapist
Verification
of Disability and Need for an Assistance Animal
NOTE: Only Service Animals have access to non-residential College-owned facilities (except restricted areas).
Emotional support and therapy animals are restricted to housing only.
A student seeking the assistance of an
assistance animal to use College facilities and services must provide verification
to the OAS that he or she has a qualifying disability and that the assistance
animal is needed for the use and enjoyment of the College facilities and
services. The student’s health care provider, who is qualified to make the
requested assessment, must submit a signed letter on professional letterhead
expressing the following:
1. The provider’s diagnosis of the person’s condition.
2. The provider’s opinion that the condition affects a major life activity.
3. The provider’s professional opinion that the service animal is
used to help with the person’s daily living activities, and is necessary to
effectively utilize College facilities and services. (Appropriate
context must also be provided for assistance animals.)
4. The provider’s description of what service(s)
the assistance animal will specifically provide.
5. Any additional rationale or statement the College may reasonably need to
understand the basis for the professional opinion.
*Documentation of the disability may not be required if the specific disability
is already known to the College. Documentation of the need for the service
animal may not be required if the need for the disability-related service
animal is already known to the College.
The Assistance Animal Committee will
meet three times per year (April, July, and November) to review requests for
housing accommodations. The following deadlines for requesting housing
accommodations apply:
Hendrix College incoming first-year students:
July 1 for the fall semester
November 1 for the spring semester
Hendrix College returning students:
March 1 for the fall semester
November 1 for the spring semester
Applications will not be accepted during the month of August, unless the student has
experienced an exceptionally significant change in circumstances.
Hendrix staff will review documentation
and, if the Assistance Animal Committee approves the request, then a
representative of the OAS will arrange a meeting with the person requesting an
assistance animal. This policy will be carefully reviewed with the person at
that time.
If a student’s request to house an
assistance animal is denied, then he or she will have the opportunity to appeal
such decisions. All appeals are reviewed by the Vice President of Student
Affairs. The student will receive information about the
appeals process via email, and this information will be sent to the student
within one week of the denial decision.
Upon approval of an assistance animal,
the student’s roommate(s) or suitemate(s) will have the choice of rooming with
the student with the assistance animal OR being moved to another location.
Professional and student residential staff will be notified.
Conflicting Health Conditions
Residence Life personnel will make a
reasonable effort to notify students 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)
are asked to contact the Residence Life Office if they have a health- or safety-related
concern about exposure to an assistance animal in residential facilities.
Students with medical condition(s) that are affected by animals are asked to
contact the OAS if they have a health- or safety-related concern about exposure
to an assistance animal in non-residential facilities on campus. The College is
prepared to also reasonably accommodate individuals with such medical
conditions that require accommodation when living, working, or studying in
proximity to assistance animals.
The Assistance Animal Committee, in
collaboration with Residence Life, will resolve in a timely manner any conflict
arising from the presence of assistance animals. Staff members will consider
the conflicting needs and/or accommodations of all persons involved. The Office
of Academic Success staff may use Hendrix Health Services as a resource for
information on health issues. The Office may consult with the Assistance Animal
Committee at its discretion. In the event that an agreement between conflicting
parties cannot be reached, the OAS’ decision is final and not subject to
appeal.
Owner’s Responsibilities for Having an Approved Animal
on Campus
1.
The owner is responsible for assuring
that the Approved Animal does not unduly interfere with the routine activities
of the College or cause difficulties for other members of the College
community. The owner and approved animal are both responsible for abiding by
the conduct policies outlined in the Student Handbook. The owner may be charged
with a violation of student conduct for inappropriate behavior of an approved
animal.
2.
Service Animals may travel freely with their owner throughout College facilities.
Therapy or emotional support animals must be contained within the approved
student’s privately assigned residential area (room, suite, and apartment) at
all times, except when transported outside the private residential area in an
animal carrier or controlled by leash or harness. When outside the residence,
the owner of an assistance animal shall carry proof that the animal is an approved animal.
3. The owner is responsible for posting
official animal signage on all external doors of their campus residence. This
signage is obtained through the OAS and must be posted continuously as long as
the animal is in residence on campus.
4. The owner is financially responsible for the actions of the Approved
Animal including bodily injury or property damage. The owner’s responsibility
covers, but is not limited to, replacement of furniture, carpet, windows, wall
covering, and the like. Carpet
replacement expenses alone can cost several thousand dollars; final restitution
costs will vary depending upon the original condition of the residence and
other factors. The owner is expected to cover these cost at the time of
repair and/or move-out. In sum, the owner is personally and
financially responsible for the actions of an assistance animal.
5.
In the event two or more roommates have
an assistance animal, there is an expectation that the animals live
harmoniously together. Any conflicts between the animals should be worked out
between the residents. If there is animal- related damage to your residential
unit, then the College’s policy on room damage charges will apply. If one
resident takes responsibility for damages in a common area, then that resident
will be charged. If neither resident claims responsibility for the damage, any
fines and/or repair fees will be split evenly between the residents with
animals.
6.
The owner is responsible for any
expenses incurred for cleaning above and beyond a standard cleaning or for
repairs to College premises that are assessed after the student and animal
vacate the residence. The College shall have the right to bill the student
account of the owner for unmet obligations.
7. The owner must notify the OAS in writing if the Approved Animal is no
longer needed as an approved animal or is no longer in residence. To replace an approved animal, the owner
must file a new Request for Reasonable Accommodation.
8. The owner’s residence may be inspected
for fleas, ticks, or other pests twice a semester or as needed. Residence Life
or Facilities will schedule the inspection. 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 residential facilities.
9.
(For students in the Residence Halls
and/or Apartment shares) All roommates or suite mates of the owner must sign an
agreement allowing the approved animal to be in residence with them. In the
event that one or more roommates or suite mates do not approve, either the owner
and animal or the non-approving roommates or suite mates, as determined by Residence
Life, may be moved to a different location.
10. Approved Animals may not be left overnight in College Housing to be
cared for by another student. Animals must leave campus if the owner leaves
campus for a prolonged period, including overnight. For a partial list of animal boarding businesses, check the last page
of this document.
11. Housing has the ability to relocate the owner and approved animal as
necessary according to current contractual agreements.
12. The owner undertakes to comply with the “Guidelines for Maintaining an
Approved Animal at Hendrix College” as set forth in this policy.
13. The owner agrees to continue to abide by all other College policies. Any
violation of the above rules may result in immediate removal of the animal from
the College and may be reviewed through the Student Conduct Process and the owner will be afforded all rights of due process and appeal as outlined in that
process. Should the approved animal be removed from the College premises for
any reason, the owner is expected to fulfill housing obligations for the remainder of the housing contract.
Guidelines for Maintaining an Approved Animal at
Hendrix College
Introduction
The following guidelines apply to all
approved animals and their owners, unless the nature of the documented disability
of the owner precludes adherence to these guidelines, and permission for a
variance from the guidelines has been granted.
Care and Supervision:
The student who received approval for
the animal is responsible for the animal’s care and supervision at all times.
The person is required to maintain control of the animal at all times. This
includes the cleanup of the animal’s waste in accordance with College policy.
Outdoor solid animal waste must be picked up immediately and disposed of in
outside trash dumpsters. Indoor animal waste, such as cat litter, must be
placed in a sturdy plastic bag and securely tied up before being disposed of in
outside trash dumpsters. Litter boxes should be placed on mats so that waste is
not tracked onto carpeted surfaces. Hendrix Housekeeping is not responsible for
disposing of animal waste.
Animal Health and Well-Being:
1. Identification: All approved animals are required to obtain and wear Hendrix
identification at all times. If wearing the identification is not feasible for
the animal, then the identification will be affixed to the animal’s carrier and
or containment apparatus.
2. Vaccination: In accordance with local ordinances and regulations the animal must be
immunized against diseases common to that type of animal. Dogs must have
current vaccination against rabies and wear a vaccination tag. Local licensing requirements must be followed.
3. Health: Animals housed in College housing must have an annual clean bill of
health from a licensed veterinarian. Documentation can be a vaccination
certificate for the animal or a veterinarian’s statement regarding the animal’s
health. The College has authority to direct that the animal receive veterinary
attention. (Local licensing law is followed.)
4. Licensing: The College reserves the right to request documentation showing that
the animal has been licensed if applicable. All applicants should contact the Faulkner
County Animal Control Office at 501-450-6160 to ensure compliance with local
ordinances.
5. Assistance Animals and Conduct Policy violations: Students in
violation of the controlled substance, alcohol, or any other Hendrix conduct
policy that may put the animal at risk, may have their Assistance Animal
approval revoked. Students can apply for reinstatement of the Assistance
Animal. An interim period of one semester or longer may be required between the
violation and the reinstatement of the Assistance Animal.
6. Leash: The animal
must be on a leash or crated anytime it is outside the owner’s private
residential facility, including residential common areas. The only exception to
this rule would be if the leash would inhibit the animal’s ability to be of service. If the owner is not able to put the animal on a leash, then it should
be in a carrier when leaving the private residential facility of the owner. The
owner is required to maintain control of the animal at all times. The city of
Conway has a leash law.
7. Spaying, neutering, pregnant Assistance
Animals: The
Assistance Animal committee strongly endorses spaying or neutering for all
assistance animals. No offspring of assistance animals will be permitted to
reside in campus housing.
8. Containment of assistance animal during
owner temporary absence: Any assistance animal left in a
residential facility while the owner is away temporarily from that facility for
any length of time, must be housed in a crate or other appropriate containment
apparatus. Roommates or suitemates cannot be left in charge of assistance
animals to avoid this requirement, nor can animals be moved to another room on
campus, if the owner is not present. The owner of the animal retains
responsibility for the animal at all times. If the student needs assistance
locating a local kennel, they can contact Julie Brown at brownj@hendrix.edu.
9. Containment of assistance animal when
College officials are present: If the owner is present in the
residential facility and a College official comes to that facility on
College-related business, then the assistance animal must be placed in the
containment apparatus for the duration of the time the College official is
present. If the owner needs a small amount of time to contain the animal before
College officials enter the facility, then the owner should open the door
enough to prohibit the animal from escaping out of the door to request a small
amount of time to contain the animal. If the owner’s disability prohibits the
student from placing the animal in a containment apparatus, then that animal
should be leashed and sitting beside the owner while College officials are
present.
10. Cleaning of assistance animals: Animals may not be washed in College residence halls. See last page of document for partial list
of grooming businesses.
11. Other Conditions: The Office of Academic Success may place other reasonable conditions
or restrictions on the animals depending on the nature and characteristics of
the animal.
Requirements for Faculty, Staff, Students, and
Other Members of the College Community
Members of the College community are required to
abide by the following practices:
1. They are to allow a Service Animal to accompany its owner at all
times and in all places on campus, except where animals are specifically prohibited.
2. They are not to touch or pet an assistance animal unless invited to do
so by its owner.
3. They are not to feed an assistance animal without permission from the
owner.
4. They are not to startle an assistance animal deliberately.
5. They are not to separate or to attempt to separate an owner from his or
her assistance animal.
6. They may not inquire about the owner/student’s health status or specific
services provided by the animal.
Service animals will be given access to ADA-appropriate buildings/rooms unless:
(1) the animal is out of control and its handler does not take effective
action to control it; (2) the animal is not housebroken (i.e., trained so that,
absent illness or accident, the animal controls its waste elimination); or (3)
the animal poses a direct threat to the health or safety of others that cannot
be eliminated or reduced to an acceptable level by a reasonable modification to
other policies, practices, and procedures.
Removal of Approved Animal
The College may exclude/remove an
approved animal when 1) the animal poses a direct threat to the health or
safety of others, or 2) the animal’s presence results in a fundamental
alteration of the College’s program, or 3) the owner does not comply with
Owner’s Responsibilities as outlined in this policy, or 4) the animal or its
presence creates a significant disturbance or interference within the Hendrix
community.
Damage
Owners of Approved Animals are solely responsible
for any damage to persons or College property caused by their animals.
Areas off limits to Service Animals
The College 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, research laboratories, classrooms with research/demonstration animals,
areas where protective clothing is necessary, wood and metal shops, swimming
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 OAS and the appropriate
department representative; the person directing the restricted area has the
final decision.
Areas off limits to therapy and emotional support
animals
Assistance animals are approved for
specific private residential spaces only. All indoor areas (including common residential spaces) are off limits to approved
emotional support and or therapy animals without prior authorization from the
OAS.
**Partial
list of local veterinarians, animal boarding, and/or grooming businesses:
- Chestnut Animal
Clinic; 612 Chestnut; 501-327-4413
- Hounds’ Hideaway
(boarding, grooming); 1238 McNutt Rd.;
501-358-6598
- PetSmart
(grooming, supplies); Conway Commons – 650 Elsinger; 501-548-6083
- St. Francis
Veterinary Clinic; 3180 Dave Ward Dr.; 501-327-9200
For further information, please contact AssistanceAnimals@hendrix.edu.)