Assistance Animals

Assistance Animal Procedure Acknowledgement and Information Form

General Considerations

Henderson State University recognizes the importance of service, emotional support, and therapy animals for individuals with disabilities and has established the following policy regarding service, emotional support, and therapy animals to assist students with major life activities. 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 tasks performed by such animals or the therapeutic support they provide. Henderson State University 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 university’s programs and activities. The university also recognizes that the presence of such animals may, however, present health, safety, security, and programmatic issues for other members of the community.

The university reserves the right to enforce all relevant rules for the use of assistance animals through the university’s other policies including the Code of Student Rights, Responsibilities, and Conduct, Residence Life Handbook and applicable laws. The university also reserves the right to revoke its permission for an assistance animal to be present on campus in the event the animal’s owner fails to follow the requirements set forth in this policy.

There are three general types of assistance animals: service animals, emotional support animals and therapy animals. These types of animals are defined below. As a general rule, only service animals may be present inside the university’s buildings outside of their owners’ assigned residence hall room or apartment. In contrast, emotional support animals or therapy animals are limited to their owners’ residence hall rooms or apartments. Stated another way, only service animals may enter the university’s indoor spaces (with the exception of some restricted areas). Emotional support animals and therapy animals are not allowed in the university’s indoor spaces (i.e. classrooms, library, cafeteria).

In order to live in university housing with a service animal, emotional support animal, or therapy animal, individuals must request approval as set out in this policy.

Definitions

Disability
In order to qualify for a reasonable accommodation under the Fair Housing Act, Section 504 of the Rehabilitation Act, or the Americans with Disabilities Act (ADA), a student must meet the statutory definition of having a disability. A disability is defined as a physical or mental condition or impairment that is medically cognizable, 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 care provider and should verify the disability as well as the need for an assistance animal.

Assistance Animal
An assistance animal refers to an animal that is used by a person with a disability to cope with or lessen the symptoms of that disability. There are three general types of assistance animals: service animals, emotional support animals and therapy animals.

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.

Therapy Animal
A therapy animal may be used in therapeutic treatments for a variety of health concerns, 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. However, they may meet the qualifications to serve as a reasonable housing accommodation for a qualified student, and if so, then such animals may be permitted to be present in the approved Owner’s assigned residence hall room or apartment but not in the university’s public indoor areas on campus.

Emotional Support Animal
An emotional support animal (ESA) 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. However, they may meet the qualifications to serve as a reasonable housing accommodation for a qualified student, then such animals may be permitted to be present in the approved Owner’s assigned residence hall room or apartment housing but not in the university’s public indoor areas on campus.

Approved Animal
An approved animal is an assistance animal that has been granted as a reasonable housing accommodation for a qualified student or other individual under this policy.

Pet
A pet is an animal kept for companionship. A pet is not considered a service, therapy, or emotional support animal and therefore is not covered by this policy. Residents are not permitted to keep pets on university property.

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

Verification of Disability and Need for an Assistance Animal
Assistance animals may not reside in university housing without express written approval from university officials and in accordance with this policy.

NOTE: Only service animals have access to most of the university’s indoor facilities, with the exception of restricted areas as described in this policy. Emotional support and therapy animals may only be present in the owner’s assigned residence hall room or apartment.

Students seeking to reside in university housing with an assistance animal must request approval of their animal and provide any requested documentation to the Disability Resource Center to show that they are a qualified individual with a disability and that the animal is an appropriate assistance animal in accordance with this policy.

The Disability Resource Center will receive the request; conduct an initial review of the request; request that the student provide additional documentation, if needed; and compile all of the information into a request file. During this process, students are required to provide any requested information or documentation to the Disability Resource Center, which may include an ADAAA Request for Housing Assignment that is signed by the student and signed by the student’s health care provider, who must be qualified to make the requested assessment that states the following:

The provider’s diagnosis of the person’s condition.
The provider’s opinion that the condition affects a major life activity.
The provider’s professional opinion that the assistance animal is used to help with the person’s daily living activities, and is necessary to effectively utilizes university facilities and services.
The provider’s description of what service(s) the animal will specifically provide.
Any additional rationale or statement the university may reasonably need to understand the basis for the professional opinion.

*Documentation of the disability may not be required if the individual’s specified disability is already known to the university.

Once the Disability Resource Center has compiled all of information submitted by the student in support of his or her request, it will provide a copy of the student’s request file to the Office of Residence Life. In response, the Office of Residence Life will convene the Assistance Animal Committee according to the schedule set out below. The Assistance Animal Committee will meet as needed to review requests for an assistance animal as a housing accommodations.

Beginning September 1, 2017, the following deadlines for requesting an assistance animal as a housing accommodations apply:

Henderson State University incoming first-year students:
June 1 for the fall semester October 1 for the spring semester

Henderson State University returning students:
March 1 for the fall semester October 1 for the spring semester

While requests and supporting documentation submitted after these dates will be accepted and considered, Henderson State University cannot guarantee that it will be able to meet late applicants’ accommodation requests, including any needs that develop during the semester.

The Assistance Animal Committee will review documentation and make a determination on the request. If the Assistance Animal Committee approves the request, a representative of the Office of Residence Life will arrange a meeting with the person requesting approval of the animal. The Office of Residence Life representative will review this policy with the person requesting approval of the animal during the meeting.

If a student’s request for an assistance animal is denied, the student will have an opportunity to appeal the decision. All appeals should be in writing and submitted within 72 hours to the Vice President of Student Affairs, who is responsible for reviewing the appeal. (The sending of an e-mail to the student’s university-issued e-mail address shall constitute delivery of notification for the purposes of this policy.)

The grounds for appeal must be set out in the student’s appeal document and are limited to failure to follow the process set out in this policy or to consider new information that was not reasonably available at the time of the student’s original request. The decision of the Vice President of Student Affairs regarding the appeal is final.

Upon approval of an assistance animal, the student’s roommate(s) or suitemate(s) will be notified that the student has been approved to reside with the animal. The Department of Residence Life will also notify appropriate university employees and contractors including, but not limited to Residence Life staff and Police Department staff and custodial and maintenance service providers.

Standards for Approved Service or Emotional Support Animals:

General Animal Health and Well-being

Identification: All approved animals are required to obtain and wear identification, including name and contact information for the student, at all times. If wearing the identification is not feasible for the approved animal, then the identification will be affixed to the approved animal’s carrier and or containment apparatus.
Vaccination: In accordance with local ordinances and regulations the approved animal must be immunized against diseases common to that type of animal. If wearing vaccination tags is not feasible for the approved animal, then the proof of vaccination will be affixed to the approved animal’s carrier and or containment apparatus.
Health: Approved animals must have an annual clean bill of health from a licensed veterinarian. Documentation can be a vaccination certificate for the approved animal or a veterinarian's statement regarding the approved animal’s health. The university has authority to direct that the approved animal receive veterinary attention as a condition of initial or continued approval and the owner shall be responsible for the cost of that care.
Owners are required to ensure that all approved animals comply with applicable laws and the ordinances of the City of Arkadelphia regarding animals and their treatment and care and also meet the following standards for the specific type of animal.
Emotional support animals and therapy animals may not be taken into the residence hall’s or apartment’s offices, administrative offices or any indoor spaces other than the owner’s assigned residential area.

Dogs:
All dogs must proof of and have up-to-date copies of the following items on file with the Office of Residence Life before the assistance animal is allowed to reside in campus housing:

Record of all immunizations
Rabies vaccination record
Verification of spay or neuter procedures (all dogs must be spayed or neutered before arriving on campus)
City of Arkadelphia license which must be renewed annually (Ordinances 6.08.02, 6.08.03, 6.08.04, & 6.08.05)

It is the owner’s responsibility to make sure that all of these items are on file and kept up to-date.

Dog owners must also follow these additional standards:

Dogs must be housebroken.
The university highly recommends that dogs be at least one year of age, to ensure reasonable independence and maturity.
Dogs must wear collars and tags at all times.
The dog must be kept on a leash or a harness at all times when outside the residence hall room or apartment. Dogs may not be allowed to run freely on campus.
Dogs must possess friendly and sociable characteristics. Please note that the City of Arkadelphia places additional restrictions on Pit Bull breeds (see Chapter 6.15 of City of Arkadelphia Ordinances) as well as on “dangerous dogs” in general (See Chapter 6.12 of City of Arkadelphia Ordinances.)
Dog obedience and training programs are recommended.
Microchip identification is also recommended to aid in the recovery of lost or stolen animals.

Cats:
All cats must have proof of and have up-to-date copies of the following items on file with the Office of Residence Life before the assistance animal is allowed to reside in campus housing:

Record of all immunizations
Rabies vaccination record
Verification of spay or neuter procedures (all cats must be spayed or neutered before arriving on campus)

It is the owner’s responsibility to make sure that all of these items are on file and kept up to-date.

Cat owners must also follow these additional standards:

Cat must be accustomed to using a litter box.
The university highly recommends that cats be at least one year of age, to ensure reasonable independence and maturity.
Cats must wear collars and tags at all times.
The cat must be kept on a leash or in a carrier at all times when outside the residence hall room or apartment. Cats must never be allowed to run freely on campus.
All cats within the City of Arkadelphia must be marked or identified in some manner with proof of rabies vaccination (see Chapter 6.20.02 of City of Arkadelphia Ordinances)
Microchip identification is also highly recommended to aid in lost or stolen assistance animals.

Any Other Animal:
To be considered on a case by case basis.

Roommates and Suitemates and Conflicting Health Conditions

If applicable, the Office of Residence Life will notify any roommate(s) and suitemate(s) of a student is approved to have a service, therapy, or emotional support animal. A representative of the Office of Residence Life may meet with the assistance animal’s owner and the potential roommate(s) and/or suitemate(s) or roommate(s) and/or suitemate(s) to discuss any possible issues that might arise due to the presence of the assistance animal. In order for an assistance animal to be allowed to reside in the residential area, all roommates/suitemates of the owner must agree to allow the animal and sign an agreement that documents that agreement. In the event that one or more roommates or suitemates do not approve, either the owner (and the approved animal) or the non-approving roommates or suitemates may be moved to a different location as determined by the Office of Residence Life.

Students with medical condition(s) who are adversely affected by animals (i.e. respiratory diseases, asthma, severe allergies, fear of animal) are asked to contact the Disability Resource Center if they have a health or safety related concern about exposure to animals in general or to a specific approved animal. The student will be asked to provide medical documentation that identifies the condition(s) so that a determination to be made as to whether the condition is disabling and whether there is a need for an accommodation. Students may disclose their medical condition proactively before a housing assignment is made or after notification that a roommate or suitemate is seeking an assistance animal.

If the owner’s roommate or suitemate has a verified condition that could be adversely affected by the presence of the animal, both the roommate/suitemate and the owner of the assistance animal should be accommodated by assigning them, if possible, to different rooms in the residence hall or apartment. The owners of assistance animals shall not be automatically required moved out of a residence hall room or apartment due solely to the fact that they requested to have an assistance animal. The Office of Residence Life reserves the right to relocate any resident, including the owner and approved assistance animal or the owner’s roommate(s) or suitemate(s) as determined necessary in accordance with current contractual agreements.

The Disability Resource Center and the Office of Residence Life staff will work to assist in the resolution of any conflict related to an assistance animal in a timely manner. University officials will consider the conflicting needs and/or requests for accommodations of all persons involved. University officials may use the Student Health and Counseling Center staff as a resource for information on health issues and/or the Office of General Counsel staff as a resource on legal or compliance issues.

Requirements for Maintaining an Approved Animal at Henderson State University

The following requirements 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 in writing by the university.

Owner Responsibilities for Having an Approved Animal on Campus
Each owner is responsible for ensuring that the approved animal does not unduly interfere with the routine activities of the university or cause difficulties for other members of the university community. The owner and approved animal are both responsible for abiding by the conduct policies outlined in the Code of Student Rights, Responsibilities, and Conduct; Residence Life Handbook; or other university governing documents. The owner may be charged with a violation of Code of Student Rights, Responsibilities, and Conduct or the Residence Life Handbook for inappropriate behavior related to an approved assistance animal.

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, the replacement of furniture, carpet, window, wall covering, etc. The owner is expected to reimburse the university or pay these costs at the time of repair.

The owner is responsible for any expenses incurred for cleaning above and beyond a standard cleaning or for repairs to university premises that are assessed after the student and animal vacate the residence. The university shall have the right to bill the student account of the owner for unmet obligations.

The owner must notify the Office of Residence Life 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 ADAA Request for Housing Assignment.

The owner’s residential area will be inspected for fleas, ticks, or other pests on a regular monthly basis or in response to a complaint or a concern. The Office of Residence Life will provide advance notice of regular monthly inspections. If fleas, ticks, or other pests are detected through inspection, the residential area will be treated using approved fumigation methods by a university 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.

Permitted Locations for Assistance Animals
Service Animals may travel freely with their owner throughout university’s facilities including indoor spaces with the exception of prohibited areas.

Therapy or emotional support animals must be contained within the owner’s assigned residential area (room, suite, and apartment) at all times, except when transported outside the owner’s residential area in an animal carrier or controlled by leash or harness. When outside the residential area, the owner of an assistance animal shall carry proof that the animal is an approved animal.

The owner shall notify his or her building’s Hall Director or Area Coordinator if the approved animal has escaped its confines and is unable to be located within 2 hours. If the owner is unable to contact his or her Hall Director or Area Coordinator, the owner shall notify the HSU Police Department.

Areas that are Off Limits to Service Animals
The university may prohibit the use of service animals in certain locations due to health and safety restrictions (i.e.. where the animals may be in danger, food preparation areas or where animals’ presence may compromise the integrity of research). Restricted areas may include, but are not limited to, the following: custodial closets, boiler rooms, facility equipment rooms, research laboratories, classrooms with research/demonstration animals, areas where protective clothing is necessary, wood and metal shops, kitchens, motor pools, and rooms with heavy machinery and areas outlined in state law as being inaccessible to animals. Requests for exceptions to shall be submitted in writing to the Disability Resource Center. Request will be considered on a case-by-case by appropriate university officials.

Areas that are Off Limits to Therapy and Emotional Support Animals
All indoor areas of the university except for the animal owner’s privately assigned living space in university housing are off limits to approved emotional support and or therapy animals without prior written authorization from the Disability Resource Center. All areas in or around the swimming pool located on Henderson State University property are off limits to approved emotional support or therapy animals.

Care and Supervision

The owner is responsible for the approved animal’s care and supervision at all times. The owner is required to maintain control of the animal at all times. This includes the cleanup of the animal’s waste and bodily fluids in accordance with this 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. Henderson State University’s employees including custodial or grounds services staff are not responsible for disposing of animal waste.

The owner is responsible for all costs of care of the approved animal.

The university will not to provide food, care or additional space for an approved animal.

Henderson State University is not responsible for the safety or care of an animal during a fire alarm, fire drill, or natural disaster.

The owner must comply with the following animal care and supervision standards as a condition of approval of his or her requested assistance animal:

Approved animals require daily food and attention, as well as a daily assessment of their general health, behavior, and overall welfare.
The owner must feed and water the approved animal inside his or her residential area. Food and water may not be left outside the residential area or the apartment/residence hall at any time.
The approved animal must not be left unattended for more than 8 hours. Owners may not leave approved animals unattended overnight at any time. If the owner must be away, she or he must either take the approved animal with them, or make arrangements for the approved animal to be cared for at an off campus location. The owner, not the university or any other student, is responsible for the care and conduct of his or her approved animal.
When the owner is away from his/her residential area the approved animal must be secured in a kennel or other enclosed space that will prevent it from escaping from the room or disrupting university operations in the event that they need to enter the room if there is an emergency or a maintenance need. Approved animals may not be left unattended in a vehicle or placed a vehicle under any circumstances in which the animal’s health or life is endangered (i.e. by temperature or inadequate ventilation).
Any pest infestation related to the approved animal must be treated promptly by a professional extermination company at the owner’s expense. Owners are expected to promptly notify the Office of Residence Life to arrange for extermination when a pest problem is noticed. Owners are encouraged to take some precautionary measures against animal-related pests such as: flea medications prescribed by veterinarians, flea and tick collars, and taking the approved animal to the veterinarian for flea and tick baths. The owner is responsible for extermination costs after vacating the residence hall room or apartment. If the owner is required to vacate their residential area so that the space may be treated for fleas or other pests attributable to the approved animal, the university is not required to provide alternate living space for the owner or the animal while their assigned space is being treated.
University staff shall not personally administer any chemical agents and insecticides to exterminate pests.
Owners shall keep approved animals’ bodies clean and free from odor. Owners may not use hall or apartment showers, sinks or baths to clean their animals. Owners must make arrangements for grooming of approved animals away from campus.

Approved Animal Behavioral Requirements

Owners must keep approved animals under control.
Owners must not allow approved animals to disrupt the learning or living environment of the university (e.g. barking continuously, whining, yelping, growling, yowling, howling, etc.).
An approved animal must not cause a reasonable person to fear an injury or experience an actual injury as a result of the animal’s behavior.
The owner will take all reasonable precautions to protect university employees, students and visitors as well as the property of the university and individuals.
The owner will take all reasonable precautions to protect university employees, students and visitors as well as the property of the university and individuals.

Cleaning and Damages

An inventory and condition inspection of the residential area will be conducted prior to the approved animal’s arrival.
The residential area will receive a customary cleaning treatment by the university’s custodial services when the owner moves out. If the university determines that additional cleaning is required due to the approved animal, the owner may be invoiced for the additional cleaning cost.
When the owner moves out of the residential area, or the animal no longer resides with the owner, the residential area will be receive an inventory and condition inspected to determine if any damage to university property is present that can be attributed to the approved animal. The value of any damage to or the cost of repairs to the residential area that the university attributes to the approved animal may be invoiced to the owner. Damage to university property discovered or reported, and caused by the animal, must be reported to the Office of Residence Life immediately.
The owner must maintain his or her residential area in a condition that is as clean as the original standard (when the resident first moved in).
Owner must regularly and routinely clean the floors, kennels, cages, and litter boxes. The odor of an animal emanating from the residence hall room or apartment is a violation of owner’s responsibilities under this policy.
Animal feces and urine, defined as cat litter box contents and any solid animal waste, must be disposed of properly. It is the owner’s responsibility to remove feces from university grounds, dispose of it in a plastic bag, and then place that bag in the garbage dumpsters outside. Cleanup must occur IMMEDIATELY. Animal feces may not be disposed of in any trash receptacle/chute or through the toilet or the sewer system inside any building at the Henderson State University. Waste MUST be taken to any apartment or residence hall dumpster for disposal.
Owners of cats must properly maintain litter boxes. In consideration of the health of the cat and the human residents of the residential area, the owner must dispose of cat litter box contents properly and regularly. The litter box must be changed with new cat litter regularly. Litter boxes should be placed on mats so that feces and urine are not tracked onto carpeted surfaces.
Any animal feces, urine, vomit or blood that occurs within the residential area or any other campus location must be immediately cleaned up using appropriate cleaning products and methods.
Animal food must be kept in a closed container within the owner’s assigned room. Open bags of animal food are prohibited because they attract pests.
The Office of Residence Life shall conduct residence hall room or apartment inspections monthly for the purpose of assessing damage caused by the approved animal or otherwise determine the owner’s compliance with this policy.

Legal Liability for Animal
The university shall not, under any circumstances, be held liable for any personal injury, property damage or other damages or losses caused by an approved animal. The owner hereby agrees to indemnify and hold the Henderson State University harmless from all claims including property damage or personal injuries to persons caused wholly or in part by, or resulting from an approved animal which will be living with the owner in the assigned residential space at Henderson State University. The university suggests that the animal owner purchase renter’s insurance to manage the personal liability risk of the approved animal.

Process to Address Violations of Owner’s Requirements
The owner agrees to abide by this policy and all other university policies throughout the period that the approved animal is present on campus.

Any violation of this policy or other university policy by the owner or by the approved animal may result in revocation of the approval of the animal and require the immediate removal of the assistance animal from university property.

Any violations by the owner or the approved animal of this policy or other university policy may result in the owner being deemed in breach of his or her housing contract.

Violations may be reviewed through the Office of Residence Life and/or the student conduct process and the owner will be afforded all rights of due process and appeal as outlined in the policy under which action is taken.

In the event an approved animal is required to be removed from the university premises for any reason, the owner is legally obligated to fulfill his/her housing obligations for the remainder of the housing contract.

Animals that constitute a threat or nuisance to staff, residents, visitors or property, as determined by the Assistive Animal Committee must be removed according to the deadline set out in the notification. If the Henderson State University Police Department determines that the animal poses an immediate threat, animal control may be summoned to remove the animal.

If the owner believes that the complained of behavior of the approved animal can be addressed by the owner and so that the animal does not have to be removed, the owner may submit a written corrective action plan to the Assistive Animal Committee. The corrective action plan must outline the action that will take place to alleviate the problems and also must give a deadline as to the length of time the plan will take. If the corrective action plan meets the approval of the Assistive Animal Committee, it can determine whether the animal may be allowed to remain or return to campus or if it must stay away from campus until the correction action plan can be completed. The Assistive Animal Committee may also reject the corrective action plan and revoke approval for the animal.

The Assistance Animal Committee shall have the authority to issue any one of the following sanctions or take the following actions in response to a violation of this policy:

Requiring specific reasonable actions on the part of the owner to rectify a problem
V erbal warning
Letter of warning
Letter of reprimand
Probation of animal-owning privileges
Suspension of animal-owning privileges
Requirement of that the animal be removed from university property immediately
Referral of owner for a suspected violation of the Residence Life Handbook and/or Code of Student Rights, Responsibilities, and Conduct
Notification to the Office of Residence Life of a suspected violation of the owner’s housing contract

The university may revoke approval of an approved animal if it determines that the university has been provided with forged papers or lapsed licenses or vaccinations/immunizations. Submission of forged documents may subject the owner to general student conduct sanctions Residence Life Handbook and/or Code of Student Rights, Responsibilities, and Conduct.

Failure to comply with this policy may result in the owner being dismissed from university housing.

The university may restrict a specific dog from university property based on any confirmed threatening or territorial behavior.

Removal of Approved Animal
The university may exclude/remove an approved animal when:

The animal poses a direct threat to the health or safety of others, or
The animal’s presence results in a fundamental alteration of the university’s program, or
The owner does not comply with in this policy, or
The animal or its presence creates a significant disturbance or interference within the Henderson State University community, or
The animal is out of control and the owner does not take effective action to control it, or
The animal is unruly or disruptive (including, but not limited to barking, growling, whining, yelping, jumping up on people, running around), or
The animal is in ill health, or
The animal is excessively unclean (e.g., flea-infested, foul-smelling, shedding excessively), or
The animal exhibits aggressive behavior

If the university revokes its approval for an animal, the owner must find an immediate alternative placement of the animal. The owner is responsible for the removal of the animal; if the owner refuses the Office of Residence Life will contact Henderson State University Police Department or Animal Control to remove the animal. The owner of the animal may be invoiced for any cost of removal of his or her animal.

Any animal owner found not adhering to the removal directive will be subject to disciplinary action which could include contract cancellation, student conduct charges under the Code of Student Rights, Responsibilities, and Conduct or the Residence Life Handbook.

Decisions of the Assistance Animal Committee may be appealed. All appeals should be in writing and submitted within 72 hours of delivery of the notification of the decision the owner to the Vice President of Student Affairs, who is responsible for reviewing the appeal. (The sending of an e-mail to the owner’s university-issued e-mail address shall constitute delivery of notification for the purposes of this policy.) The decision of the Vice President of Student Affairs regarding the appeal is final.

After the deadline for removal from the residential area, Office of Residence Life staff will conduct an inspection to check for damage and pest infestation followed by the scheduling of a mandatory cleaning and extermination.

Damage
Owners of approved animals are solely responsible for any damage to persons, individuals’ personal property or university property caused by their animals.

Rights and Responsibilities for Faculty, Staff, Students, and Other Members of the University Community

Members of the university community are required to abide by the following practices:

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.
They are not to touch or pet an assistance animal (including service, therapy and emotional support animals) unless invited to do so by its owner.
They are not to feed an assistance animal (including service, therapy and emotional support animals) without permission from the owner.
They are not to startle an assistance animal (including service, therapy and emotional support animals) deliberately.
They are not to separate or to attempt to separate an owner from his or her assistance animal (including service, therapy and emotional support animals) except as authorized under this policy.
They may not inquire about the owner/student’s health status or the nature of his/her disability, ask for documentation on the dog, or require the dog to demonstrate its task except by designated university officials as authorized under this policy.
To direct any other questions about service animals, therapy animals and emotional support animals, including concerns about whether a specific individual is qualified to have one of these animals on campus to the Disability Resource Center or the Office of General Counsel.

Complaint Process
Members of the university community may e-mail complaints and concerns in regard to an owner’s compliance with this policy (animal noise, odor, pests), and minor safety concerns caused by approved animals to the Office of Residence Life. Members of the Assistance Animal Committee will investigate and address the complaint in a timely manner and make a determination as to whether this policy has been violation.

In the event that an animal on campus poses an immediate threat or danger, to the Henderson State University Police Department by calling 870-230-5098 during a non-emergency or by calling 911 in an emergency.

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