Questions or comments? Contact the dean of students office at deanofstudents@hampshire.edu.
Pet Policy
Pets and other animals, with the exception of service animals and emotional support animals [1] approved in accordance with the College’s policy for disability disclosure and accommodation [2], are prohibited in all residence buildings. Residents are also prohibited from keeping or providing for animals on College property. Visiting animals are not permitted in any campus facility and must be under the control of the owner (i.e. on a leash or harness) at all times. Hosts are responsible for cleaning up after any visiting animals. Visiting is defined as temporary, short term (less than one (1) day), and occasional (no more than three (3) times per semester) and not overnight. This differs from the policy for human guests [3].
Violation of the pet policy or any relevant animal policies will result in immediate removal of the animal from campus. Students will bear any associated cost to the College or any of its employees or agents, whether because of damage to property owned by the College [4] or others, or because of any claim brought against the College by any person because of injury, illness, or other reason as a result of the student having brought an animal onto campus, regardless of whether the animal is in violation of policy.
DEFINITIONS
Pet: A pet is an animal kept for ordinary use and companionship. A pet is not considered a service or emotional support animal and is not allowed in campus residences, buildings, and other facilities.
Hampshire College is committed to creating a welcoming environment through the use of commonly accepted guidelines and procedures that allow animals to be on-campus for specific purposes. These purposes include reasonable accommodations for employees, students, and visitors with disabilities in compliance with applicable Massachusetts state and federal laws. In accordance with the Americans with Disabilities Act of 1990, as amended [5] and related laws, rules and regulations, including the Fair Housing Act [6], Hampshire College will reasonably accommodate requests for service animals and emotional support animals to reside with their owner/handler in College provided housing.
Disability: Defined as a physical or mental condition or impairment that is medically recognizable and diagnosable, and substantially limits one or more of an individual’s major life activities. These limitations may include performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning. An individual is substantially limited in major life activities if they are unable to perform the activity, or is significantly restricted as to the manner in which they can perform that activity when compared to the average person. Acceptable documentation of a disability will be from either a licensed medical or mental health provider and must verify the disability and describe the need for a service or emotional support animal.
Service Animal Access
Service Animal: Any dog* 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 service animals for the purposes of this definition, however the College will consider other animal species on a case-by-case basis in accordance with Federal regulations. The tasks performed by a service animal must be directly related to the individual's disability.
*Dogs are specified due to the unreasonable nature of providing any larger animals (such as miniature ponies) access, care, and use on a college campus. Therefore we focus on dogs in the context of service animals at Hampshire College and commensurate language is used throughout our materials. Any need for consideration of exceptions will be made on a case-by-case basis.
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, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
Students requiring use of a service animal as a means of access may utilize their service animal as needed throughout campus. It is important that, if a student resides on campus that they connect with the office of accessibility resources and services (OARS) [7] to ensure they are placed in a residence which does not conflict with their disability. In order to maintain equal access for other residents, it is also important the the presence of an animal does not conflict with the disabilities of others. [8] If this is the case, either or both parties should engage in the grievance process for disability-related access [9].
Service Dogs in Training: These animals are considered to have the same public accommodation rights as service animals. However, service dogs in training are expected to behave to the same level of expectation as a trained service animal and must abide by the expectations for animals on campus [10] at all times.
It is highly recommended that students partner with a reputable training organization to facilitate animal training and ensure that an animal is ready to meet behavioral expectations.
Emotional Support Animals (ESA): Animals that provide assistance and/or emotional support to its owner by its very presence but are not trained to perform specific tasks in response to the disability. These animals (not limited to dogs) do not meet the ADA definition of a Service Animal, but may qualify under the Fair Housing Act [6] and Hampshire College’s Policy on emotional support animals.
Because emotional support animals are not required to perform a specific task for a student and do not need to be with the student at all times, they are only permitted in the student’s residence. As such they are considered a housing-based accommodation and requests for emotional support animals are handled as any other request for housing-based accommodation [11].
Students with a disability may apply to have an emotional support animal as a reasonable accommodation in housing facilities that otherwise impose restrictions or prohibitions on animals. Students requesting an emotional support animal as a reasonable accommodation must register with the office of accessibility resources and services [12] (OARS) and pursue the disability disclosure and accommodation request process [13].
Students may submit a request for accommodation at any time. However, if approved for an emotional support animal, students will not be permitted to bring the animal to campus until the beginning of the following academic semester.
In order to qualify for such an accommodation, the emotional support animal must be necessary to afford the individual an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program and there must be a relationship between the individual’s disability and the assistance the animal provides, documented by a medical professional competent to address the need for the accommodation and the requirement of the specific accommodation requested.
Students going through the request process should note that all emotional support animals must be spayed or neutered. In addition, all animals must be housebroken or live within a contained habitat, and may not weigh more than 88 pounds. Exceptions will be considered on a case-by-case basis.
Students whose requests are approved will generally be permitted to have one emotional support animal, due to the health and safety considerations and space limitations of a residential college setting.
It is highly recommended that emotional support animal handlers pursue relevant training, such as "good citizen training" for dogs, to ensure their animal meets behavioral expectations.
RESOURCES
This policy provides the guidelines and requirements with respect to use of emotional support animals (ESA) and service animals, and applies to any emotional support animal, service animal, or service animal in training whose user or handler is a Hampshire College student residing in College-owned housing and/or attending classes and other campus facilities. It also applies to any handler of a service animal or therapy animal (specifically trained for use by a mental health professional) participating in a College program or who is on the College’s campus (including students, employees and third parties) for any amount of time for any reason (please refer to expectations for visiting on the "Animals on Campus" section of the handbook [17]).
Emotional support animals and service animals that are approved and/or verified through the College’s housing accommodations process [11] will be permitted to reside with their owner in the student’s private room. These animals are also permitted in other areas of the student’s residence as long as the animal is under the direct physical control of the student at all times. “Residence” is defined as the specific apartment unit (“mod”) or residence hall to which the student is assigned.
Emotional support animals are not permitted in any other indoor, College-owned spaces or facilities. Any animal shall have a harness, leash, or other tether at all times while outside of the student’s private room.
Service animals are permitted to accompany their handler in any environment the handler needs to access to perform the necessary tasks for which they are trained, relative to the handler’s disability.
Behavioral Expectations for Animals on Campus
Please refer to the section titled "Resolution of Conflict and Appeals for Service or Emotional Support Animals [8]" for more information about unacceptable animal behaviors and consequences.
Public Etiquette for Other Students/Staff/Faculty/Administrators on Campus
Service animals and emotional support animals are not pets. Accordingly, the College asks that students and their visitors adhere to the following good practices when interacting with service animals and emotional support animals.
Individuals should NOT:
Emergency Situations
Appropriate facilities and campus safety & wellbeing staff are notified of residences with animal inhabitants in case of need for entry for repair or emergency. In the event of an emergency, on campus personnel designated to respond are expected to recognize assistance animals and their role in communicating their partners' need for assistance.
The handler and/or animal may be confused or disoriented in a stressful situation due to smoke, sirens, wind noise or by shaking and moving ground. The response personnel should be aware that animals may be protective in their confusion and should not be considered harmful. The responders should make every effort to keep the animal with its partner.
The handler should make every effort to control the animal during an emergency situation and be prepared to muzzle or restrain the animal as needed. Students who are with emotional support animals or service animals regularly on campus are encouraged to develop an individual evacuation plan with the College. Students interested in creating such a plan should contact the residence life office and office of accessibility resources and services.
An animal's handler is solely responsible for ensuring the safety and proper care of their animal at all times.
Disclosure Requirements and Expectations
Proactive Disclosure: Students are required to provide relevant documentation and communicate the presence of an animal to the housing operations office and office of accessibility resources and services before the start of a given semester in accord with the deadlines indicated on the timelines for housing accommodations. [11]
In order to avoid conflict with others' disabilities, animal handlers must disclose the intended presence of an animal in classrooms and offices, in a timely and reasonable manner, to any potentially affected parties, including faculty, advisors, any other staff or Hampshire Community member whose space they may need to access with the animal. If such a conflict arises, both parties should pursue the process for conflict and appeals for service or emotional support animals. [8]
The housing operations office will notify mod or floor-mates of the expected presence of an animal in the living space in the up-coming semester and will work with any individuals who are affected to accommodate their needs separately from those of the animal handler.
Service Animals: We encourage, but do not require, students to make their own disabilities known to the College should they require a service animal accompany them in academic classes, activities, or services on campus.
However, if a student plans to have their service animal live with them in residence, we require that they provide adequate and reasonable notice to the College. Notice to the College is used to ensure the appropriate housing placement is made and that the animal meets the documentation requirements listed below. Students should provide notice to the College by contacting the office of accessibility resources and services [7] (OARS).
Emotional Support Animals (ESA): Any student requesting to have an emotional support animal as a formal accommodation, must pursue the disability disclosure and accommodation request process [13] and be approved for an emotional support animal as a reasonable accommodation.
All persons with service animals or emotional support animals are expected to adhere to the expectations for animals on campus [10] and ensure that their animals act and respond appropriately at all times while in public.
Documentation Requirements
The student must provide the following documentation to the office of accessibility resources and services prior to the approval of accommodation request and prior to the arrival of the animal on campus, and then annually or as requested by a College official:
Animal Identification
Designation: Service animals (including trainees) shall be reasonably identified to the community by harness or service animal vest or other gear when not in a private or student residence. If there is no identification, College staff may ask if the animal is a working service animal. It is strongly encouraged that all emotional support animals also be identified as such in a reasonable manner by use of vest or other clear signage and gear when outside of the handler's residence. Again, emotional support animals are not permitted to enter any buildings or facilities other than the student's residence.
Control Requirements
The animal may not pose a risk of health or safety to others and may not create unreasonable interference for others.
An emotional support or service animal shall have a harness, leash, or other tether at all times while outside of the student’s private room. If the student is unable to use a harness, leash, or other tether because of a disability, or because the use of such a restraint would interfere with the animal's safe, effective performance of work or tasks (service animals only), the animal must be under the handler's control (e.g., voice control, signals, or other effective means).
Animal Waste
Animal users/handlers are responsible for cleaning up their animal’s waste. Waste must be properly disposed of. Persons with disabilities who physically cannot clean up after their own animal will not be required to do so; however these individuals should take their animal to designated relief areas. Relief areas are not designated publicly and will be designated on an individual basis with the collaboration of the housing operations office (HOO) and the College grounds personnel. If an animal relieves itself in non-designated areas, these individuals should request assistance with cleaning up.
Care of Animal
Students are expected to maintain flea, tick, and odor control. Animals must be regularly groomed as appropriate. All animals are expected to be up to date with required vaccinations, licenses, and maintain a regular schedule of veterinary care.
Financial Responsibility
Students who have an animal on campus are financially responsible for property damage [4] caused by the animal including, but not limited to, cost of repairs, replacement or cleaning of facilities or furnishings and any bodily injury or personal injury caused to other persons by the animal.
Restricted Areas
The College may restrict the use of emotional support animals in certain residential locations.
The College may prohibit the use of service animals in certain locations due to health or safety hazards, where service animals may be endangered, or where their use may compromise the integrity of research or fundamentally alter the nature of a program or activity. The safety of locations will be individually considered by the director of the office of accessibility resources and services (OARS), the laboratory director or professor, and the College risk management team. If a location is determined to be unsafe, reasonable accommodations will be provided to ensure the individual equal access to the activity.
Exceptions to restricted areas may be granted on a case-by-case basis by contacting OARS. In making its decision, OARS will consult with the appropriate department and/or laboratory representative regarding the nature of the restricted area and any ongoing research.
Conflicting Disabilities
Students who have asthma, allergies, or other medical conditions affected by the presence of animals are asked to contact the office of accessibility resources and services [7] (OARS) to pursue the formal disclosure process [13] for equitable consideration of individual need for accommodation and resolution of any conflict that may arise. Faculty and staff should pursue the HR disclosure process [18]. The person impacted by the presence of the animal must provide verifiable medical documentation to support their claim. The needs of both persons will be considered in resolving the issue in the most equitable way possible, given the timeframe and other extenuating circumstances of the individual case.
Animal handlers are strongly encouraged to be proactive in disclosing their need for the presence of an animal in line with expectations outlined in the student responsibility policy for animal handlers [19].
Removal of an Emotional Support or Service Animal from College Facilities or Programs
An animal that is determined to be out of control may be excluded from a College program or facility. This may include, but is not limited to:
Reported behavior will be treated on an individual basis through the Office of Community Standards and Student Accountability with support or input as appropriate from the residence life office, student success and engagement, community care and wellbeing, office of accessibility resources and services or other offices. If the animal poses a threat to the safety of others, campus police will be part of a collaborative team to determine the outcome of the behavior. Consequences may include, but are not limited to, muzzling a barking dog, required training for the animal and student, or exclusion of the animal from College facilities entirely.
If the student or any other person brings an animal to areas of campus where the animal is not permitted* (see student responsibilities [19] policy), the College/any employee may require that the animal be removed from the facility or area and returned to the student’s room. Failure to comply with this request may result in permanent removal of the animal from the College.
*It is strongly encouraged that any student with a service animal designates that animal as such when in any public setting to avoid confusion or misunderstanding on the part of other community members. Even with such designation, service animals may be asked to be removed from a facility if they do not adhere to behavioral expectations outlined below.
In the event that an animal is excluded from College facilities or programs in accordance with applicable FHA regulations and the student wishes to bring a new animal to campus, the student must comply with all documentation requirements for the new animal.
If an animal handler exhibits irresponsible behavior and does not abide expectations for student responsibility [19], they may not be allowed to have another animal for a determined time and/or may be expected to demonstrate completion of handler training. If such an occasion arises, the student is encouraged to work with relevant support services on campus to seek alternative means of accessibility and/or accommodation support in the absence of an animal.
Grievance and Appeals
Prior to filing a grievance, a complaint may be brought to the director of Accessibility Resources and Services/Section 504 Coordinator for informal resolution.
Any student dissatisfied with a decision concerning the use of an animal on campus shall be entitled to bring a grievance under the grievance procedures [20] for students. Any claims of discrimination on the basis of a disability or failure to provide reasonable accommodations regarding the use of a service animal on campus may be brought pursuant to the College’s grievance policies [9].
Links
[1] https://handbook.hampshire.edu/node/146
[2] https://handbook.hampshire.edu/node/123
[3] https://handbook.hampshire.edu/node/241
[4] https://www.hampshire.edu/housing/general-charges-for-student-damages
[5] http://www.ada.gov/pubs/ada.htm
[6] http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights
[7] https://www.hampshire.edu/oars/office-of-accessibility-resources-and-services
[8] https://handbook.hampshire.edu/node/196
[9] https://handbook.hampshire.edu/node/147
[10] https://handbook.hampshire.edu/node/182
[11] https://www.hampshire.edu/oars/housing-based-accommodations
[12] https://handbook.hampshire.edu/OARS.hampshire.edu
[13] https://www.hampshire.edu/oars/disability-disclosure-and-accommodation-request
[14] http://www.ada.gov/
[15] http://www.amherstma.gov/index.aspx?NID=398
[16] http://www.ada.gov/qasrvc.htm
[17] https://handbook.hampshire.edu/node/93
[18] https://www.hampshire.edu/sites/default/files/Americans%20with%20Disabilities%20Act%20Accom%20Request%20Form%20aeh-1.pdf
[19] https://handbook.hampshire.edu/node/195
[20] https://www.hampshire.edu/oars/grievance-procedures