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University of Wisconsin-Stevens Point

Emotional Support Animal Policy and Procedure

A. Purpose

This policy outlines when and how a student may request the use of an Emotional Support

necessary to provide students with disabilities an equal opportunity to use and enjoy university

housing. Although it is the policy of UWSP that animals are generally prohibited in any type of

university housing, UWSP will consider a request for a reasonable accommodation by an

individual with a disability to allow an ESA. However, no ESA may be kept in university housing

at any time prior to the individual receiving approval.

B. Definitions

Emotional Support Animal

ESAs are a category of animals that provide necessary emotional support to an individual with a

mental or psychiatric disability, alleviating one or more identified symptoms of an individual’s

exotic are not permitted to be used as ESAs. See Wisconsin State Law Governing Private

Possession of Exotic Animals 169.01.

C. Procedure for Requesting an Emotional Support Animal in University Housing

The Disability and Assistive Technology Center (DATC) is responsible for evaluating requests for

reasonable accommodation in university housing. In evaluating the request, DATC may consult

with the Office of Residential Living and the UWSP Counseling Center, as necessary, to

determine whether the requested accommodation is reasonable. Students with a disability who

reside or intend to reside in university housing who believe they need a reasonable

accommodation must contact DATC.

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Copies of the request form are available from DATC or online at www.uwsp.edu/datc. If

the student requires assistance in completing the request form because of disability,

DATC will provide assistance.

• DATC will require the student to complete a verification form and designate a reliable

third party who can verify that the student has a disability and that the requested

accommodation is necessary to provide the student an equal opportunity to use and

enjoy university housing. A reliable third party is someone who is familiar with the

student’s disability and the necessity for the accommodation, including, but not limited

to, a doctor or mental health provider.

• If the third party returns the verification form without sufficient information for DATC to

presence of the animal including, but not limited to, Residential Living 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

student’s disability.

DATC will limit its request for information to only the information necessary to verify

whether the student making the request has a disability and to evaluate if the

accommodation is reasonable to provide the student with an equal opportunity to use and

enjoy university housing.

before the student intends to move in to university housing, UWSP cannot guarantee that it

will be able to meet the student’s accommodation needs upon occupancy.

If the need for accommodation arises when the student already resides in university

housing, the student should contact DATC and complete the request form as soon as

possible.

3. Approval of accommodation

If DATC determines a requested accommodation is reasonable, it will contact the student in

writing to the student’s UWSP email to arrange a meeting to discuss the implementation of

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student in writing to the student’s UWSP email and engage in an interactive process with

the student to determine if alternative accommodations might effectively meet the

student’s disability-related needs.

If the student is unwilling to accept any alternative accommodation offered by DATC or

there are no alternative accommodations available, DATC will provide a written notification

to the student of the denial, the reasons for the denial, the right to appeal the decision, and

the procedures for that appeals process.

Students may appeal the denial of an ESA through the grievance procedure provided in the

or fundamental alteration of university housing, UWSP reserves the right to assign a student

with an ESA to a room without a roommate.

However, for all requests for ESAs, DATC shall nonetheless consult with Residential Living in

making a determination 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

university housing policies; and/or (3) poses a direct threat to the health and safety of others or

would cause substantial property damage to the property of others, including university

property.

allergies).

3. The animal’s presence otherwise violates students’ 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’s vaccinations are not up-to-date.

6. The animal poses, or has posed in the past, a direct threat to the student or others such

as aggressive behavior toward or injuring the student or others.

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evidence of therapeutic benefit of the ESA. The current treating professional must provide

documentation of therapeutic benefit and effective treatment.

An ESA must be contained within the student’s assigned student living accommodation (e.g.,

room, suite, apartment) except to the extent the student is taking the animal outside for

natural relief. When an ESA is outside the student’s living accommodations, it must be in an

animal carrier or controlled by a leash or harness. ESAs are not allowed in any university

facilities other than university residence halls (e.g., dormitories, suites, apartments, etc.) to

which the student is assigned. If an animal is found running at large, the animal is subject to

regulations pertaining to licensing, vaccination, and other requirements for animals.

It is the student’s responsibility to know and understand these ordinances, laws, and

regulations. The university will require documentation of compliance with such

ordinances, laws, and/or regulation, which may include a vaccination certificate.

2. The student is required to clean up after and properly dispose of the animal’s waste

in a safe and sanitary manner and, when provided, must use animal relief areas

designated by UWSP.

3. The student is required to ensure the animal is well cared for at all times. Any

evidence of mistreatment or abuse may result in removal of the ESA and/or conduct

proceedings for the responsible student. Mistreatment and/or abuse may include

for damages beyond reasonable wear and tear. The student’s living

accommodations may also be inspected for fleas, ticks, or other pests if necessary as

part of the university’s standard or routine inspections. If fleas, ticks, or other pests

are detected through inspection, the residence will be treated using approved

fumigation methods by a university-approved pest control service. The student will

be billed for the expense of any pest treatment above and beyond standard pest

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disposal of feces, etc.)

7. ESAs may not be left overnight in university housing to be cared for by a student

other than the owner. If the student is to be absent from his/her residence hall

overnight or longer, the animal must accompany the student. The student is

responsible for ensuring that the ESA is contained, as appropriate, when the student

is not present during the day while attending classes or other activities.

8. The student agrees to abide by all equally applicable residential policies that are

unrelated to the student’s disability such as assuring that the animal does not

unduly interfere with the routine activities of the residence or cause difficulties for

students who reside there.

not limited to, removing the animal during an 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.

G. Liability and Insurance

The student shall be responsible for all liability related to the Emotional Support Animal and all

insurance requirements related to the animal. UWSP/State of Wisconsin provides no

indemnification to the Emotional Support Animal or resident. UWSP/State of Wisconsin

provides no personal property insurance coverage.

3. The student does not comply with the student’s responsibilities set forth above;

4. The animal or its presence creates an unmanageable disturbance or interference with

the university community.

The university will base such determinations upon the consideration of the behavior of the

particular animal at issue, and not on speculation or fear about the harm or damages an animal

may cause. Any final decision regarding removal of the animal will be made by DATC in

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the Housing Appeal Process to appeal their housing obligations.

I. Filing a Complaint, Grievance or Appeal on the Basis of Discrimination

Any student dissatisfied with a decision concerning a service animal should reference the DATC

Grievance and Appeal Procedures. Nothing in this policy shall prohibit a person from filing a

complaint with an external agency, such as the Wisconsin Attorney General’s Office, the

Wisconsin Equal Rights Division for the Department of Workforce Development, the U.S. Office

of Civil Rights, the U.S. Equal Employment Opportunity Commission or the U.S. Department of

Justice.

abuse or neglect of an animal or has observed threatening behavior from the animal, the Hall

Director on call, Dean of Students and/or UWSP University Police and Security Services should

be contacted immediately for appropriate action. Any person who intentionally distracts,

disrupts, antagonizes, or harms an animal protected under this policy may be subject to the

university student conduct or employee disciplinary processes.

K. General Restrictions on Animals on University Lands under UWS Ch.18

For all other uses and/or presence of animals on university property or lands that are not

specifically provided for in this policy, the provisions of UWS Ch. 18.08 shall apply (see

Resources).

• Counseling Center (715-346-3553) http://www.uwsp.edu/counseling

• Dean of Students Office (715-346-2611) http://www.uwsp.edu/dos

• Residential Living (715-346-3511) http://www.uwsp.edu/resliving

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• University Dining Services (715-346-3434) http://www.uwsp.edu/dining

Wisconsin State Legislature UWS 18.08(1) Personal conduct with animals on university property

Wisconsin State Legislature 36.12 Student discrimination prohibited

Wisconsin State Legislature 106.52(1)(fm) Definition of service animal

University of Wisconsin System Board of Regent Policy 14-10 Nondiscrimination on the Basis of

Disability