The following policy and procedure pertains to the presence on the Bates College campus of animals providing reasonable accommodations to students with disabilities. There are multiple state and federal laws that come into play. It is important to understand that there is a basic distinction between service animals, which do work or perform tasks for a person with a disability, and emotional support animals, which have been determined necessary to mitigate the effects of a physical or mental disability.\u00a0 Service animals are primarily an accommodation for attendance at Bates, while emotional support\u00a0animals are primarily an accommodation for living in college housing. A third definition, of assistance animals, is also used in the housing context and applies to both service and emotional support animals. Definitions, policies, and procedure can be found by using the\u00a0drop-down\u00a0menus below.<\/p>\n
Providing emotional support, comfort, or companionship does not constitute work or tasks under the ADA definition. Service animals are limited to dogs, and in some cases miniature horses. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals.<\/p>\n
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An ESA may be viewed as a reasonable accommodation under the Fair Housing Act (FHA) if it would allow a person with a disability an equal opportunity to use and enjoy a dwelling, in this case college housing. This policy applies solely to ESAs which may be necessary in the residential setting and not \u201cService Animals\u201d as defined under the Americans with Disabilities Act (ADA). ESAs are generally not permitted in any Bates College Facility or in any residential dwelling outside of a student\u2019s assigned housing.<\/p>\n
Based on the FHA, in order for a student to have an ESA in Bates College housing, the following must apply:<\/p>\n
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Service Animals on Bates College Campus:<\/strong><\/p>\n In alignment with regulations under the ADA, service animals are generally permitted to accompany a person with a disability in all areas of the Bates College\u2019s campus, including residence halls and academic buildings, where students, members of the public, and other participants in services, programs, or activities are allowed to go.<\/p>\n Bates College does not require documentation, such as proof that the animal has been trained, certified, or licensed as a service animal. The College may not ask about the nature or extent of a person\u2019s disability to determine whether an animal qualifies as a service animal. However, staff may make two inquiries to determine whether a dog qualifies as a service animal:<\/p>\n A service animal must be housebroken. It must be kept under the control of its handler by a harness, leash, or other tether, unless the person is unable to hold those, or it interferes with the work or task the dog is trained to perform. In such instances, the service animal must be kept under control by voice, signal, or other effective means. Bates College has the right to exclude or remove an animal that constitutes a threat to the health and safety of others, is not housebroken, or creates an unreasonable disturbance.<\/p>\n In the event that a service dog will reside with a student in a residence hall on campus, the Office of Accessible Education and Student Support may need to notify relevant parties on campus of the need to have the dog in the living space, including but not limited to, roommates\/suite-mates, Residence Life, Security, Health and Safety, and Facilities.<\/p>\n Requests for use of miniature horses will be assessed on an individual basis. Individuals requesting a miniature horse should contact the Office of Accessible Education and Student Support. <\/div> The student is financially responsible to Bates College for any damage caused by the animal including but not limited to, damage to carpets, furniture, or walls. The student must agree to waive any claims against Bates College for, to defend and indemnify Bates and its employees, officers, and agents against, and to be responsible for any damages arising out of claim of harm caused by the animal.<\/p>\n Students accompanied by a service animal must comply with the same college rules and code of conduct as all students, including but not limited to, noise, safety, disruption, and cleanliness.<\/div> The Office of Accessible Education and Student Support, in conjunction with the Office of Student Support and Community Standards, will make a determination if restrictions should apply. In considering whether an animal poses a direct threat to the health and safety of others, or causes an unreasonable disturbance\/disruption, Bates College will make an individualized assessment based on reasonable judgement. Depending on the circumstances, a student may be required to meet together with the Assistant Dean of Accessible Education and Student Support and the Associate Dean of Students for Student Support and Community Standards. Emotional Support Animals on Bates College Campus:<\/strong><\/p>\n Emotional Support Animals (ESA) are governed by the Fair Housing Act , Section 504 of the Rehabilitation Act of 1973, and the Maine Human Rights Act. Students for whom a physician, psychologist, physician assistant, nurse practitioner or licensed social worker has determined that an animal is necessary to mitigate the effects of a physical or mental disability are eligible to have an ESA in compliance with this policy. <\/div> Students wishing to request an ESA accommodation should follow these steps:<\/p>\n Important Notes:<\/strong><\/p>\n The foregoing determinations must be made on a case-by-case basis, based on the behavior of the particular animal in question and not based on traits like breed or size.<\/p>\n The Office of Accessible Education and Student Support, in conjunction with the Office of Community Standards, will make a determination if restrictions should apply. In considering whether an animal poses a direct threat to the health and safety of others, or causes an unreasonable disturbance\/disruption, Bates College will make an individualized assessment based on reasonable judgment. Depending on the circumstances, a student may be required to meet with the Director of Accessible Education and Student Support and\/or the Assistant Director for Community Standards. <\/div><\/div>\n<\/div>\n<\/p>\n\n
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\nBates College is not responsible for the care or supervision of service animals. The student owner is responsible for the care, cost, and supervision of a service animal including:<\/p>\n\n
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\n\t+<\/span>Policies and Student Responsibilities<\/a>\n\t<\/h5>
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