Section I. Definitions
Service Animal
A Service Animal is “any dog or miniature horse 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. Other species of animals, whether wild or domestic, trained or untrained, are not considered a service animal for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the Handler’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low-vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, pulling a wheelchair, assisting an individual during a seizure, providing physical support and assistance with balance and stability to individuals with mobility disabilities, 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. Dogs whose sole function is to provide comfort, emotional support, well-being, or companionship do not constitute work or tasks for purposes of this definition.” Service Animals may travel freely with their Handler throughout University housing (and other areas of the University, see Section VII part G. of this document).
Service Animal in Training
A dog being trained to perform as a service dog will be treated as a Service Animal when accompanied by a trainer and identified as such. A service dog in training must meet the same requirements as a Service Animal.
Emotional Support Animal
Emotional Support Animals are a category of trained or untrained animals that provide therapeutic emotional support to an individual with a disability but are not considered Service Animals under the ADAAA and Western’s Service Animal Policy. Some Emotional Support Animals are professionally trained, but in other cases Emotional Support Animals provide necessary support to individuals with disabilities without any formal training or certification. An Emotional Support Animal 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. All Emotional Support Animals be fully vaccinated and reliably housebroken. Emotional Support Animals must be contained within their privately assigned residential area (room, suite, apartment) at all times, except when transported outside the private residential area in an animal carrier or controlled by leash and harness. All areas except for privately assigned living space in housing are off limits to approved Emotional Support Animals without prior authorization from Disability Services, which includes all academic buildings, the University Center, all athletic facilities, and maintenance buildings. The term Emotional Support Animal will be referred to any animal not considered a Service Animal under the ADA.
Partner/Handler/Owner
A Partner/Handler/Owner is a person with a Service or Emotional Support Animal. (The term Handler will be used in this document to reflect any of these terms.)
Pet
A pet is a domestic animal kept for pleasure or companionship. A pet is not considered a Service Animal or an Emotional Support Animal. Pets are not permitted on campus.
Approved Animal
An approved animal is a Service Animal or Emotional Support Animal that has been granted as a reasonable accommodation by Western Colorado University under this policy. In the event that a handler is unable to care for their animal but remains on campus, a proxy must be identified. A proxy is someone who can assist the handler in the care of the animal in university housing. This proxy cannot be an RA, RD, or other university employee. Ideally, the proxy should be a roommate or suitemate who can easily access the animal. However, at a minimum, the proxy must reside in the same residence hall as the handler. The proxy cannot be the designated off-campus contact. If the handler is required to leave campus, the animal must be boarded off campus in accordance with university policy. No other students are permitted to assist in the care of the animal except for the identified proxy.
Responsibilities
A designated proxy for an Emotional Support Animal (ESA) or Service Animal in university housing is responsible for assisting with essential care tasks only. The proxy may take the animal to designated relief areas, assist with the removal of cat litter, help clean cages and habitats, and ensure proper disposal of animal waste in accordance with university policy. The proxy is not permitted to play with the animal, take the animal into their own room, or keep the animal overnight. If the proxy takes the animal out for relief, they must do so quickly and efficiently while ensuring the animal remains leashed at all times in accordance with university policy. Animals may not be left in the care of a proxy overnight and must be boarded off campus if the handler is away, including during university-related NCAA-sanctioned travel.
Section II. Procedures for Requesting an Emotional Support Animal in University Housing
Emotional Support Animals cannot be brought into University housing without approval of University officials. Western will approve only one Emotional Support Animal per student due to space limitations of residence halls and to ensure the safety and well-being of animals and students in residence. Failure to comply with this policy can result in a denial for a request for an Emotional Support Animal. Students are encouraged to ensure their proposed Emotional Support Animal meets policy before initiating a request to have an Emotional Support Animal in university housing to avoid the unnecessary costs and burden of boarding their proposed animal off-campus until the animal is approved. If the proposed support animal does not meet policy, it will not be approved. No exceptions will be granted to this policy.
The procedure for requesting Emotional Support Animals in University Housing are outlined below:
A student requesting permission to keep an Emotional Support Animal in University Housing must make a formal request to the University’s Disability Services offices at least 63 days before housing for the animal is needed (no later than June 1st for the fall term and no later than Nov. 1st for the spring term). To do so, the student must submit the appropriate Request Form for Disability Housing Accommodations, as well as documentation of their disability to be reviewed by the Disability Services office. This form can be located on our website at https://elbert.accessiblelearning.com/Western/ApplicationStudent.aspx. Additionally, if a request is made with less than 63 days remaining in the term, the proposed support animal may not be approved until the following term.
- Documentation of the need for an Emotional Support Animal must meet the following documentation guidelines:
- Information concerning the healthcare professional’s personal relationship with the student involving the provision of healthcare or disability-related services
- The type of animal for which the reasonable accommodation is sought (i.e., dog, cat, bird, rabbit, hamster, gerbil, or other rodent, fish, turtle, other specified domesticated type of animal or another specified unique animal). The student must submit a full color photo of the animal dated within 30-days of the request to have their proposed ESA or Service Animal in residence. Additionally, the student must also submit the size of the crate, kennel, or cage required for their proposed animal.
- Disability-related information which includes:
- Whether the student has a mental impairment that substantially limits one or more major life activity or major bodily function, and
- Whether or not the student needs the animal because it does work, aids, or actively performs one or more disability-related task that benefits the student because of his or her disability, or because it provides therapeutic emotional support to alleviate a symptom or effect of the disability of the student and not merely a pet.
Additionally, if the specified animal is not a dog, cat, or other animal that is traditionally kept in a household, the healthcare provider needs to provide the following additional information:
The date of last consultation with the student (must be within the last six months) and establish an ongoing relationship with the student).
Any unique circumstances that justify the patient’s need for the particular animal (if already owned or identified by the student), or particular type of animal and whether the provider has reliable information concerning the specified animal and why they specifically recommended this type of animal for the student.
The Office of Disability Services has a form that requests the aforementioned information in a questionnaire format that must be completed by the student’s healthcare professional if a letter from the professional does not provide sufficient information regarding the student’s need for a support animal in university housing as a reasonable accommodation. Letters solicited from online ESA letter providers that contain boilerplate language and do not specify the student’s individual need for a support animal in university housing may be rejected on the grounds of providing insufficient information regarding the student’s specific needs.
Additionally, the aforementioned documentation must be submitted within 30 days of the initial request for a support animal in university housing, must be dated within the last six (6) months, and must be from any of the following sources as listed in the section below. The student must provide documentation from an active provider of care (meaning a social worker, counselor, doctor, or other mental healthcare provider who is licensed to make such a determination), that the student has met with in person for treatment before seeking an ESA letter. 3. Students seeking documentation for the purpose of obtaining an ESA as a reasonable accommodation from a healthcare provider licensed in Colorado must meet with their healthcare provider in person to discuss their need for an ESA.
Sources of reliable documentation
- A determination of disability from a federal, state, or local government agency.
- Receipt of disability benefits or services that may include Social Security Disability Income (SSDI), Medicare or Supplemental Security Income (SSI) for a person under 65, veteran’s disability benefits (DD Form 214), services from a state vocational rehabilitation agency, or disability benefits or services from another federal, state, or local agency.
- Eligibility for housing assistance or a housing voucher because of a disability. This must be for the student; not the student’s parent or legal guardian.
- Information confirming disability from a health care professional such as a physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse
Documentation from the Internet
Some websites sell certificates, registrations, and licensing documents for Emotional Support Animals to anyone who answers certain questions or participates in a short interview and pays a fee. Under the Fair Housing Act (FHA), a housing provider can request reliable documentation when an individual requesting a reasonable accommodation has a disability and a disability-related need for an accommodation that are not otherwise obvious or not- 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 anima. As such, Western Colorado University will reject such documentation from internet providers as unreliable under state telehealth laws and federal HUD guidelines.
Review of Proposed ESA Requests
- The Disability Services coordinator will review documentation and provide a written response to the student within 10 business days of receipt of documentation in support of their request. If the request is approved, the Disability Services Coordinator shall arrange a meeting with the student requesting that an Emotional Support Animal be housed in University Housing as a reasonable accommodation. The student requesting an Emotional Support Animal must sign a contract and acknowledge that they understand and agree to comply with university policy regarding Emotional Support Animals. Completing a request for an emotional support animal as a reasonable accommodation does not guarantee that the request of the proposed support animal will be approved. Students are encouraged to plan well in advance and ensure their proposed support animal meets policy to avoid unnecessary fees and burden of housing the animal off campus until the request and proposed animal can be approved. If the proposed animal does not meet policy requirements as outlined below, it will not be approved.
No exceptions will be granted to this policy.
- The University may reject an animal that:
- Poses a direct threat to the health and safety of others;
- Would cause substantial physical damage to the property of others;
- Would pose an undue financial or administrative burden on the University;
- Would fundamentally alter the nature of University housing operations; or
- Does not comply with the requirements set forth in Section VII below.
Crate/Container Size of Proposed ESAs and Service Animals
The size of the crate that is needed for the Emotional Support Animal or Service Animal in residence will be contained in while the handler is not in the room will also be taken into consideration to ensure adequate living space for both animals and humans in the assigned living space. The crate may not block doors, windows, or emergency exits, and may not be a trip hazard. Crates must have a solid bottom and have adequate space for the animal to comfortably stand up, lie down, and turn around. The crate must have a reliable securing mechanism that prevents the animal’s escape while the animal is crated. Animals may not be kept in vehicles.
Notification of a Proposed ESA in University Housing
- The student’s roommate(s) or suitemate(s) will be notified (if applicable) to solicit their acknowledgement of the service or emotional support animal in writing and to meet with the Center for Disability and Accommodation to share any concerns they may have and notify them that animal may be residing in shared assigned living space, including apartments and suites. 2
- Before the proposed ESA or Service Animal in residence is approved to move- in, the student must meet with their Resident Director to review the Service and Support Animal Contract and submit the completed contract with all required signatures to Disability Services.
- After the animal has been formally approved to reside in university housing as a reasonable accommodation, the student will receive notification from Disability Services that their animal has been approved and is allowed to reside on campus in University Housing. The Director of Residence Life and the building’s Resident Director will be notified as appropriate.
- After approval, the submitted documentation must be updated on an annual basis and provided to the Disability Services Coordinator at least 63 days before the start of each academic year or term. This includes summer terms and Maymester if the student will reside in university housing at any time from May through August of any calendar year.
- Students may be granted permission to move off-campus early for disability related reasons only in the extreme rare occurrence that Western cannot accommodate the student on campus.
Section III. Service Animal Use on Campus
Visitors
Visitors to campus with Service Animals are permitted access to all public facilities, with the exception of areas where service animals are specifically prohibited due to safety or health restrictions, where the Service Animal will be in danger, or where the Service Animal’s use compromises the integrity of research.
Students
Commuter students with a disability who wish to utilize a Service Animal in a classroom are encouraged, but not required to register with the Disability Services office for access to resources, information, and advocacy around a range of disability-related dynamics, including Service Animals. Service Animals must follow the “Guidelines for Maintaining an Approved Animal at Western Colorado University” found in Section VII. Students who live in university housing who wish to use a service animal because of a disability are required follow the steps in Section IV below to have their service animal reside with them in university housing.
Section IV. Procedures for Requesting a Service Animal in University Housing
Students desiring to bring their Service Animals to reside within University Housing are required to follow the steps outlined below:
- New students and students who have not registered with disability services who wish to keep a Service Animal in University Housing must make a formal request to the University’s Center for Disability and Accommodations. To do so, students must complete the online student application located at https://elbert.accessiblelearning.com/Western/ApplicationStudent.aspx. Students can request an ESA or service animal to reside in university housing at any time but must do so at least 63 days before housing for the animal is needed.
- Requests for Service Animals in housing do NOT require supporting documentation of disability if the student’s disability is readily apparent and observable. However, students must answer relevant questions on the new student application regarding requests for Service Animals in residence.
- The Center for Disabilities and Accommodations will review the request and arrange a meeting with the student requesting a Service Animal to live within University Housing.
- Upon approval of a Service Animal, residential building staff will be notified as appropriate.
- Upon 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 notify them that the approved service animal will be residing in shared assigned living space.
Section V. Conflicting Health Conditions
Residence Life staff will make a reasonable effort to notify tenants in the residence buildings where the Approved ESA or Service 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 Disability Services office if they have a health or safety related concern about exposure to a Service or Emotional Support Animal. The University is prepared to also reasonably accommodate individuals with such medical conditions that require accommodation when living in proximity to Service or Emotional Support Animals.
Section VI. Handler’s Responsibilities in University Housing
Service and Emotional Support Animals – Additional Items
In addition to the requirements set forth above, the following guidelines apply to All Service and Emotional Support Animals:
- The Handler is responsible for complying with Gunnison County and the City of Gunnison animal control and licensing laws for animal rights and Handler responsibility. All approved animals must be current with immunizations and wear a rabies vaccination tag.
- The Emotional Support Animal or Service Animal must be spayed or neutered and cannot pose a direct threat to the health and safety of others, must not cause substantial physical damage to the property of others, cannot pose an undue financial or administrative burden, or fundamentally alter the nature of the University’s operations.
- If the proposed Service Animal or Emotional Support Animal does not comply with items 1 and 2 above, it will not be approved to reside in university housing. Students are responsible for ensuring their proposed animal meets policy to avoid unnecessary fees and burden of housing their proposed animal off-campus. If the animal does not meet policy, the student is responsible for the cost of maintaining their animal off campus until it can meet the requirements listed above. Western Colorado University reserves the right to impose additional reasonable requirements for unique animals based on its characteristics. No exceptions will be granted to this policy.
- All animals must wear a collar that includes the handler’s first and last name and phone number, as well as a rabies tag, and city pet license in accordance with Gunnison municipal code.
- All Emotional Support Animals and Service Animals must be crated when left alone in their handler’s dorm room anytime their handler is not physically present. The crate must include a secure locking mechanism that prevents that animal’s escape.
Approved Animals in Residence Halls
Approved Animals in Residence Halls
An Approved Service or Emotional Support Animal outside of the Handler's own residence hall room (if applicable) must have a harness, leash, or other tether unless:
- The Handler is unable to use a harness, leash, or tether; or
- Using a harness, leash, or tether will interfere with the animal's ability to safely and effectively perform its duties.
In those cases, the Handler must maintain control of the approved Service Animal through voice, signal, or other effective controls.
Approved Emotional Support Animals are allowed outside of their Handler's assigned residence hall room only for toileting and transport to and from campus. They must be on a leash or crated and under the direct control of the Handler. No off-leash animals are permitted on campus.
- The Handler is responsible for the costs of care necessary for an Approved Animal's well-being, including bathing and grooming as needed.
- The Handler must identify a proxy who can care for the animal if assistance with the animal's care and well-being becomes necessary. This person must be identified and willing to sign a proxy agreement form. The proxy cannot be a Residence Life staff member or other University employee. Only the approved proxy may care for the animal on behalf of the Handler.
- Handlers cannot leave their animal overnight in University housing to be cared for by the identified proxy. If the Handler must travel or be away from the University for an extended period of time, the animal must be boarded off-campus or travel with the Handler. The University is not responsible for boarding costs associated with an Approved Animal, and animals may not be kept in vehicles overnight.
- The Handler is responsible for independently removing the Approved Animal's waste.
- Waste must never be placed in a building's garbage cans or other small trash receptacles on University property. See Section VII.B for additional information regarding care and supervision.
- The Handler is responsible for ensuring that the Approved Animal does not interfere with the routine activities of the residence hall or cause difficulties for other students who reside there.
- The Handler is financially responsible for the actions of the Approved Animal, including bodily injury or property damage. This responsibility includes, but is not limited to, replacement or repair of furniture, carpet, windows, wall coverings, or other damaged property. The Handler is expected to cover these costs at the time of repair and/or move-out.
- The Handler is responsible for any expenses incurred for cleaning beyond standard cleaning or repairs assessed after vacating the residence. The University may bill the Handler's student account for these expenses and place a hold on the account until payment is made in full.
- The Handler must notify Disability Services in writing if the Approved Animal is no longer needed or is no longer residing on campus. To replace an Approved Animal, the Handler must submit a new Request for Disability Housing Accommodations.
- The Handler's residence will be inspected for fleas, ticks, or other pests once each semester or as needed. If treatment beyond standard pest management is required, the Handler will be billed for the associated costs.
- If the Handler lives on campus, food and water for the Approved Animal must be provided inside the residence hall room. Food and water may not be left outside the room.
- All roommate(s) or suitemate(s) must sign an agreement allowing the Approved Animal in the shared residence. If one or more roommates or suitemates do not approve, the non-approving roommate or suitemate will be relocated.
- Service Animals may accompany their Handler throughout University housing and other permitted University areas. Emotional Support Animals must remain within the assigned residential space except when transported in a carrier or controlled by a leash and harness.
- When a Service Animal or Emotional Support Animal becomes lost while on campus, the Handler must notify the on-call Resident Director as soon as possible. Failure to report a missing animal may result in a fine or conduct meeting. The student will be required to meet with Disability Services and Residence Life staff to explain the circumstances. The University is not responsible for any harm to the animal.
- Approved Animals cannot be left overnight in University Housing to be cared for by another person. If a student leaves campus for a prolonged period, the animal must accompany the student or be placed with an approved off-campus caregiver.
- Student-athletes are not permitted to take Emotional Support Animals on official University athletic travel and are responsible for arranging off-campus boarding during travel.
- All students requesting a Service or Emotional Support Animal in University housing must identify a local off-campus contact who can care for the animal during the student's absence. This person cannot be another University student, staff, or faculty member unless they are a direct family member. Failure to identify an approved off-campus contact may result in denial of the request until an approved contact is named.
- The Handler is solely responsible for the care and maintenance of the Approved Animal. Students or other persons who enter residence halls, apartments, suites, or dorm rooms to care for an Approved Animal without University approval may be subject to disciplinary action.
- Handlers with Service Animals or Emotional Support Animals are required to provide an appropriately sized crate for their animal while living on campus. All Approved Animals must be crated anytime the Handler leaves the assigned dorm room, suite, or apartment and is not physically present. Residence Life staff will post a notice outside the student's room to notify maintenance personnel that an animal is inside. In some cases, depending on the work being performed, the student may be required to temporarily board the animal off-campus for its safety. The student is responsible for all boarding costs.
- University Housing may relocate a Handler and their Approved Animal as necessary in accordance with current housing agreements.
- Students with Service Animals or Emotional Support Animals residing in University Housing must comply with all Residence Life policies and the Student Code of Conduct.
- Any violation of these requirements may result in immediate removal of the Approved Animal from the University and review under the Student Code of Conduct. Violations of the ESA and Service Animal Policy are considered Level II Conduct Charges and may result in sanctions in accordance with the Student Handbook.
- If an Approved Animal is removed from University premises for any reason, the Handler remains responsible for fulfilling all housing obligations for the remainder of the housing contract.
Section VII. Policy for Maintaining an Approved Animal at Western Colorado University
Introduction
The following policies apply to all Approved Animals and their Handlers, unless in extenuating circumstances the nature of the documented disability of the Handler precludes adherence to these policies, and permission for a variance from the guidelines has been granted.
Care and Supervision
Care and supervision of the Approved Animal are the responsibility of the individual who benefits from the Approved Animal’s use. The Handler is required to maintain control of the Approved Animal at all times. The Handler is also responsible for ensuring the cleanup of the Approved Animal’s waste and, when appropriate, must toilet the animal in areas designated by the University consistent with the reasonable capacity of the Handler. Indoor animal waste, such as cat litter, must be placed in a sturdy plastic bag and securely tied up before being disposed of in an outside trash dumpster. Litter boxes must be placed on mats so that waste is not tracked onto carpeted surfaces.
Animal Health and Well-Being
- Vaccination: In accordance with local ordinances and regulations, the Approved Animal must be immunized against diseases common to that type of animal. Dogs must have current vaccination against rabies and kennel cough and wear a rabies vaccination tag. Cats must have normal shots required for a healthy animal. Local licensing requirements are followed.
- Health: Animals to be housed in university housing must have an annual clean
bill of health or current vaccination record from a licensed veterinarian. Documentation can be a vaccination certificate for the animal or a veterinarian’s statement regarding the animal’s health. The University has the authority to direct that the animal receives veterinary attention. (Local licensing law is followed.) All Approved Animals must be vaccinated in compliance with state and local laws. Western Colorado University reserves the right to impose additional reasonable requirements for unique animals based on their characteristics.
- Leash: If appropriate, the Approved Animal must be on a leash, unless the leash would inhibit the Approved Animal’s ability to be of service. The leash must not be longer than eight (8) feet in length. E-collars and electronic leashes are not acceptable forms of leashes.
- All approved animals are required to wear a collar that includes the first and last name and phone number of the handler and must include a rabies tag and city pet license as required by Gunnison municipal code.
- Other Conditions: Disability Services may place other reasonable conditions or restrictions on unique Approved Animals depending on the nature and characteristics of the specified animal.
Requirements for Faculty, Staff, Students, and Other Members of the University Community
Members of the University Community are required to abide by the following expectations:
- They are not to inquire for details about the Handler’s disabilities. The nature of a person’s disability is a private matter.
- They are to allow a Service Animal to accompany its Handler at all times and in all places on campus, except where animals are specifically prohibited.
- They are not to touch or pet a Service or Emotional Support Animal unless invited to do so.
- They are not to feed a Service or Emotional Support Animal.
- They are not to deliberately startle a Service or Emotional Support Animal.
- They are not to separate or attempt to separate a Handler from his or her Service or Emotional Support Animal.
Removal of an Approved Animal
The University will exclude or remove an Approved Animal when:
- The animal poses a direct threat to the health and safety of others.
- The animal’s presence results in a fundamental alteration of the University’s
programs and/or services.
- The Handler does not comply with the Handler’s Responsibilities in University Housing.
- The animal or its presence creates an unmanageable disturbance or interference, (e.g., barking, wandering, displaying aggressive behavior) and the behavior is outside the duties of the Approved Animal on the Western Colorado University campus.
- The animal is not house broken.
- The animal is physically ill.
- The animal is unreasonably dirty, (e.g., matted fur, covered in fleas and/or ticks, noticeable dirt on the fur or skin of the animal).
- The animal is found by the university to be out of control and the animal’s Handler does not take immediate and effective action to control it.
Damage
Handlers of Approved Animals are solely responsible for any damage beyond normal wear and tear to persons or University property caused by their animals.
Areas Off Limits to Service Animals
The University can prohibit the use of Service Animals in certain locations because of health and safety restrictions, (e.g., where the animal will be in danger, or where their use compromises the integrity of research). Restricted areas include, but are not limited to, the following: custodial closets, boiler rooms, facility equipment rooms, research laboratories, classrooms with research/demonstration animals, rooms with heavy restricted areas will be granted on a case-by-case basis by contacting Disability Services and the appropriate department representative; the person directing the restricted area has the final decision.
Areas Off Limits to Emotional Support Animals
All areas except for privately assigned living space in housing are off limits to approved Emotional Support Animals without prior authorization from the Center for Disability and Accommodation.
Section VIII. Advisory Notice of Colorado’s Law Regarding Service & Assistance
Animals
Under Colorado Law it is a crime to knowingly take a non-service animal into a public business under the guise that it is actually a service animal. It is also a crime to intentionally misrepresent that your animal is an assistance, companion, or emotional support animal in order to avoid pet fees or to have an animal in housing that otherwise does not permit pets.
- On the first offense, the person will receive a written and/or verbal warning.
- Subsequent offense may result in fines ranging from $50 - $500 and removal of the animal from university premises.
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