Emotional Support Animals

The following information outlines the process for requesting an Emotional Support Animal (ESA) in university housing. Please note that we will need to receive medical documentation from a licensed clinician, with whom you have a personal medical relationship, that clearly indicates you have a disability; the documentation must also indicate that the clinician is recommending or prescribing an ESA as a result of your disability. The documentation must articulate how the presence of living with an animal in university housing is necessary in alleviating the symptoms of your disability.
Some important points for you to know as you consider making a request for an Emotional Support Animal in university housing:

• As defined by the US Department of Housing and Urban Development (HUD), an EmotionalSupport Animal (ESA) is an animal that provides therapeutic emotional support for individuals with disabilities that affect major life activities; ESAs are not pets.
• The documentation must come from a clinician who is managing your care and is qualified and licensed to make the diagnosis and recommendations.
• We will not accept as documentation letters from online companies that provide such letters for afee. Additionally, web based “certifications” of support animals are not considered appropriate documentation. The Federal Trade Commission (FTC) has been asked to investigate websites that purports to provide these letters. The websites in question offer for sale documentation that is not reliable for purposes of determining whether an individual has a disability or disability-related need for an ESA because the website operators and healthcare professionals who consult with them lack the personal knowledge that is necessary to make such determinations.
• Emotional support animals are only permitted in Butler University Housing and are prohibited from classrooms and other buildings on campus.

Below is a description of the process that would happen should you decide to pursue an ESA request:

1. The student must schedule a meeting with a staff member in Student Disability Services (SDS) in order to register for services (JH 136) and discuss the accommodations process. At this meeting, SDS will provide the student with the necessary paperwork and written breakdown of this process.
2. The student will provide a typed statement in which they make the request and state why they are making the request in the context of their disability. This statement must include a description of the animal the student hopes to bring and how the presence of the animal will provide them with equal access to university housing. The statement form is available in SDS.
3. The student must provide documentation from a qualified clinician, including a detailed recommendation regarding an ESA. While a specific verification form is not required, SDS will provide one to the student to help in streamlining the documentation-gathering process after the student meets to discuss the process as detailed in Step 1.
4. The student engages in an individual discussion with SDS staff to register their disability with SDS. In this meeting, the student signs a release allowing SDS to discuss the request with the recommending clinician should there be questions. Additionally, the student signs a release allowing SDS to share the documentation and overall request with the ESA request committee members. Both release forms are available in SDS.
5. A committee consisting of staff members from Student Disability Services, Residence Life, Counseling andConsultation Services, and other relevant campus entities as needed, will meet to review the documentation and determine if the request is a reasonable accommodation.
6. Within 30 days of their submission of the fully completed ESA request packet, the student will be notified bySDS via email regarding the committee decision. The completed request packet includes the ESA ClinicianVerification Form, the ESA Student Request Form, the student’s typed personal statement, and all relevant release forms. This timeframe may be extended as necessary by the University in its sole discretion.
7. If the ESA accommodation request is granted, the student will be contacted by Residence Life to discuss their policies around animals in university housing. The student must review and sign an agreement indicating their understanding of their responsibilities associated with the emotional support animal.
8. Each year during the housing assignment lottery, students must indicate on their housing contract that they need a “disability-related housing accommodation request” if they intend to utilize the ESA accommodation again; they must also complete the Residence Life agreement contract each year.
9. The university reserves the right to require updated vaccination and health/safety information regarding the animal.

For additional information or to discuss your individual circumstances, contact Student Disability Services in Jordan Hall 136, by phone at 317-940-9308, or by email at sds@butler.edu.

Butler University follows the Americans with Disabilities Act (ADA), the most recent guidance from the Department of Justice (DOJ), as well as the U.S. Department of Housing and Urban Development (HUD) guidelines regarding support animals. In accordance with the aforementioned, Butler University outlines the following procedures for approved emotional support animals on campus.

Definition: Emotional Support Animal

This is an animal that provides emotional support to an individual with an emotional or mental disability or alleviates one or more symptoms of a disability. Because it is not individually trained to perform work or tasks, a support animal is not a service animal and does not assist a person with a disability with activities of daily living, nor does it accompany a person with a disability. Emotional Support Animals are expressly precluded from qualifying as service animals under the ADA.

This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.

Definition: Pet

A pet is an animal kept for companionship. A pet is not considered either a service animal or an emotional support animal; and therefore, is not covered by these guidelines and related policies. Residents are not permitted to keep pets (aside from fish) in campus housing or on college property.

Request Process

Emotional support animals may not reside in campus housing without expressed approval and coordination from Student Disability Services in collaboration with Residence Life.

Requests will be processed as follows:

• The requesting student will provide Student Disability Services with appropriate and required documentation at least thirty (30) days before housing is needed for the support animal. Advance notice helps to ensure that accommodations are appropriate and that the student will have a smooth transition into campus housing.
• The documentation form must be completed by a licensed clinician whose care the requester is currently under.
• The documentation form verifies that the student qualifies as a person with an emotional or mental health impairment and indicates that the ESA appears necessary to afford the person with a disability an equal opportunity to use campus housing.
• Residence hall assignments will consider both the student with the ESA, as well as other residents of that living area.
• In general, only one animal may reside in a housing unit. A unit is defined as a space with assigned shared common space. If multiple individuals in a unit have an approved animal, one individual may be moved to an alternative housing unit.
• See ESA Request Process form for additional information

Criteria for Determining if the Presence of the ESA is Reasonable

A committee consisting of staff members from Student Disability Services, Residence Life, Counseling and Consultation Services, and other and any other relevant campus entities as needed will review the documentation and will communicate with the individual making the request within thirty (30) days after receipt of all required paperwork and documentation. Accommodations will be determined on a case by case basis.

The request may be denied if:

1. the specific animal in question poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation,
2. the specific animal in question would cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation (U.S. Department of Housing & Urban Development),
3. supporting documentation is not provided in full, or
4. the document provided does not adequately support the need for the ESA.

Owner’s Responsibilities

1. An approved ESA is permitted only in the assigned living area of the student except to the extent that the individual is taking the animal out for natural relief (not permitted in campus buildings, such as classrooms, dining commons, athletic center, dormitory lounges, etc.).
2. The animal must be in good health and maintained in a manner that takes into consideration the health and hygiene of the animal and those who come in contact with the animal. The cost of care and maintenance of health and well-being are the sole responsibility of the student.
3. The animal must be properly vaccinated and vaccinations must be current; documentation about this may be required. The owner must abide by local ordinances regarding vaccinations and proper licensure for the city of Indianapolis and the state of Indiana or standard practice of care for that specific animal.
4. The animal must be controlled by the owner at all times. Animals should not be left overnight in university housing to be cared for by any individual other than the owner. If the owner is to be absent from his/her residence hall overnight or longer, the animal must accompany the owner. The owner is responsible for ensuring the animals is contained, as appropriate, when the owner is not present during the day while attending classes or other activities.
5. Butler University personnel shall not be required to provide care or food for any ESA including, but not limited to, removing the animal during 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.
6. The animal must be on a leash or in a closed carrier at all times when outside of the individual residence for which it has been approved.
7. The owner is financially responsible for the actions of the approved ESA. These actions include bodily injury and/or property damage and owner must take appropriate precautions to prevent injury and/or property damage. Any damage to Butler University property caused by the ESA beyond normal maintenance and cleaning will be charged to the owner.
8. The animal must be house broken. The owner is responsible for cleaning up all animal waste and disposing of that waste immediately in outdoor dumpsters (or hiring/paying someone else to do so). Animal waste is not to be disposed of indoors.
9. The animal must be the sole property of the student approved for an ESA. Animals may not be fostered through an adoption agency or borrowed from another owner.
10. The student is required to provide Residence Life with emergency contact information for an individual should the owner be unable to care for the ESA at any time.
11. The student is required to complete the Campus Animal Registration and Agreement form each year that the ESA will be residing on campus. If any information about the animal should change throughout the year, the student must notify Residence Life of these changes.
12. Students may not interchange animals as their ESA. Should the student wish to permanently change which animal serves as their ESA, the student must contact SDS to initiate this formal change. Students will then need to complete the Campus Animal Registration Agreement again for the updated ESA.

Removal of ESA

Emotional Support Animals may be removed from Butler University premises if:

1. The animal is out of control and the owner does not take effective action to control it. If improper animal behavior happens repeatedly, the owner may be asked to remove the animal from campus housing until the owner can demonstrate that he/she has taken significant steps to mitigate the behavior. Any ESA that displays vicious behaviors toward other students, staff, or guests may be excluded from campus housing,
2. the ESA is not housebroken,
3. the ESA is a direct threat to the health and safety of individuals, or displays vicious behaviors towards other students, faculty, staff, or guests, or
4. the owner does not comply with the owner’s responsibilities set forth above.

Conflicting Conditions & Resolution Process

Some people may have serious medical conditions that are affected by animals, causing substantial impairment which may then qualify as disabilities. Butler University will consider the needs of both individuals with qualifying disabilities in meeting its obligations to reasonably accommodate all disabilities and to resolve the problem as efficiently and expeditiously as possible.

Residence Life will make a reasonable effort to notify individuals who may be impacted by the presence of the Emotional Support Animal, including but not limited to, Residence Life personnel and potential and/or actual roommate(s)/neighbor(s).

Students who wish to request a housing accommodation as a result of a conflicting disability related to the presence of an Emotional Support Animal should contact the SDS Office to initiate registration for disability-related accommodations. Documentation will be required.

If an ESA accommodation results in a disability-related housing concern for a student with a conflicting disability, alternative housing options will be offered to each relevant individual, in collaboration with SDS and Residence Life. The ESA may not be present in the residential unit while Residence Life & SDS are engaging in the process with each relevant party to determine a satisfactory outcome. If the offered alternative options do not result in a solution that is satisfactory to each party, Residence Life will determine which party must move to an alternative housing placement. This decision will be made within 5 business days of the completion of discussions with each party about alternative options.

In general, the determination of which individual must move to an alternative placement will be based on several factors, including whether all involved individuals were a part of an intentional roommate group upon housing selection and each individual’s specific housing contract submission date. If all involved individuals were a part of an intentional roommate group at selection, the individual whose housing contract was submitted first will be permitted to remain in their current housing placement.