Policy on Service Animals, Emotional Support Animals, and Pets on Campus

Service Animals, Emotional Support Animals, and Pets (on Campus Policy)

Policy Number: 916

Approval Authority: Chancellor

Policy Type: University

Responsible Office(s): Institutional Integrity & Access

I. Purpose

The University of North Carolina Asheville is an open and accessible campus to individuals with disabilities and is committed to providing those members of the University community with equal access to programs, services, and physical facilities. The University acknowledges that some members of the University community with disabilities may require the use of Service Animals or Emotional Support Animals while at UNC Asheville. The presence of animals may, however, present health, safety, security, and programmatic issues for all members of the University community.

The purpose of this Policy is to provide the University community with guidelines for the use of Service Animals, Emotional Support Animals, and Pets on campus. This Policy aims to promote the rights and well-being of individuals with animals while maintaining a safe, secure, and welcoming environment for all members of the University community. This Policy does not apply to research animals regulated by the Institutional Animal Care and Use Committee (IACUC); fish kept in an aquarium less than 10 gallons in size; or animals under the control and use of law enforcement or emergency management personnel as part of their official duties.

II. Scope

This Policy applies to all areas and facilities owned, leased, operated, or controlled by UNC Asheville. It encompasses all individuals, including students, faculty, staff, visitors, and guests, who require the use of Service Animals, Emotional Support Animals, or seek to bring Pets onto University premises.

This Policy shall be reviewed periodically to ensure its effectiveness, compliance with applicable laws, and alignment with the needs of the University community.

III. Definitions

Direct Threat: A significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.

Disability: A physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment.

Emotional Support Animal (ESA): An animal that provides comfort, companionship, and emotional support to individuals with disabilities. An Emotional Support Animal is generally selected or prescribed to an individual with a disability by a healthcare or mental health professional to play a significant part in a person’s treatment process. An Emotional Support Animal may not be specially trained to perform specific tasks, does not assist a person with a disability with activities of daily living, and does not accompany a person with a disability at all times. Emotional Support Animals are not considered Service Animals and therefore are prohibited from certain areas on campus.

Feral or Wild Animals: An animal that is domesticated but living in a wild state (e.g., a feral cat) or is non-domesticated living in the wild (e.g., a bear).

Handler: The owner of or individual responsible for the Service Animal, Emotional Support Animal, or Pet.

Pet: A domestic animal kept for companionship or pleasure and excluded from the definitions of Service Animal and Emotional Support Animal. A pet is an animal that is a member of a species that normally and customarily shares human habitat and is normally dependent on humans for food and shelter, including dogs, cats, and other common domestic animals, but not including feral or wild animals. Pets are not considered Service Animals and therefore are prohibited from certain areas on campus.

Pets are not permitted in University housing, buildings, and facilities, and shall not be permitted as a reasonable accommodation for otherwise eligible students, staff, faculty, or guests. Enrolled students shall only be permitted to bring Pets to live in University housing when approved by Housing & Residence Life for the Rocky Pet Program (see the UNC Asheville Housing & Residence Life Guide).

Service Animal: An animal that has been individually trained to do work or perform tasks for the benefit of individuals with disabilities, including physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the service animal must be directly related to the person’s disability. Examples of work of 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 nonviolent 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. Federal law defines Service Animals as dogs, or in some cases, miniature horses.

A dog whose sole function is to provide comfort or emotional support does not qualify as a Service Animal under the Americans with Disabilities Act (ADA). Per the ADA, a Service Animal can be any breed of dog.

Therapy Animal: An animal that has received training appropriate for animal assisted therapy (“AAT”) as evidenced by receipt of the Canine Good Citizen (“CGC”) certificate from the American Kennel Club (AKC), or registration by a national Therapy Animal organization, such as the Delta Society or Therapy Dogs International; and is used by a healthcare or mental health professional in a therapeutic setting. A Therapy Animal is not a Service Animal.

IV. Service Animals

A. The Americans with Disabilities Act (ADA) provides that individuals with disabilities shall be permitted to be accompanied by their Service Animals in all areas of the University’s grounds, housing, buildings, and facilities where members of the public; participants in services, programs or activities; or invitees are allowed to go.

1. North Carolina law (NC Statute § 168-4.3) imposes a similar requirement, and further provides that a person with a disability has the right to keep their Service Animal on any premises the person leases, rents, or uses.

a. A residence hall would be a premise that the person leases, rents, or uses.

b. A person with a disability qualifies for these rights if the person affirms that the animal is required because of a disability and explains what work or task the animal has been trained [or is being trained] to perform.

Further, an individual may voluntarily register their Service Animal with the NC Department of Human Services and receive a permanent registration tag. Service Animal registration is not required under the ADA.

2. An employee shall request to be accompanied by a Service Animal as a reasonable accommodation in the workplace. Workplace accommodations are processed through the Office for Institutional Integrity & Access.

3. When an individual’s need for a Service Animal is not readily apparent and the qualifications of the animal are not obvious, the individual may be asked:

a. Is the animal a Service Animal required because of a disability? and

b. What work or task(s) has the animal been individually trained to perform?

These questions should not be asked, however, if the animal’s service tasks are obvious. For example, the questions may not be asked if the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability.

4. Individuals cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the animal, or ask that the animal demonstrate its ability to perform the work or task.

5. An individual with a disability shall not be required to:

a. pay a surcharge related to the use of a Service Animal, even if people accompanied by pets are required to pay fees; or

b. comply with other requirements generally not applicable to people with or without Pets.

6. In accordance with the ADA, the University cannot require documentation, such as proof that the animal has been certified, trained, or licensed as a Service Animal. The ADA does not require a Service Animal to wear a vest, ID tag, or specific harness.

7. A Service Animal is not a Pet.

B. Requirements

1. A Service Animal must remain under the control of its handler at all times. A Service Animal shall have a harness, leash, or other tether, unless the handler’s disability prohibits the use of which, or the use of which would interfere with the Service Animal’s safe, effective performance of work or tasks. Even so, the Service Animal must remain under its handler’s control by other effective means, such as voice control or signals.

2. In accordance with North Carolina law (N.C.G.S. § 130A-185), all dogs (including Service Animals) on campus are required to have current rabies vaccinations and wear rabies vaccination tags. The City of Asheville’s Animal Ordinance requires all dogs to be licensed annually on January 1 and to wear a city license tag.

3. Under North Carolina law (N.C.G.S. § 168-4.5), it is a Class 3 misdemeanor to deprive a person with a disability or a person training a service animal of any rights granted the person under the laws applicable to persons with disabilities, or of any rights or privileges granted the general public with respect to being accompanied by animals; or to charge any fee for the use of the Service Animal.

4. It is unlawful, and a crime, under North Carolina law (N.C.G.S. § 168-4.5) to disguise an animal as a Service Animal or a Service Animal in Training. A violation of this statute is a Class 3 misdemeanor. Disguising an animal is also a violation of University Policy and may result in disciplinary action.

5. Use of a Service Animal must comply with ADA regulations and other applicable laws.

6. Questions about the impact of a Service Animal on a University educational program or activity, in the workplace, or facility should be addressed with the Office for Institutional Integrity & Access.

C. Service Animals in Training

1. In accordance with North Carolina law (N.C.G.S. § 168-4.2(b)), an animal in training to become a Service Animal shall be permitted to accompany its trainer onto the premises of entities that service the public, such as University housing, classrooms, buildings, and facilities, when:

a. The animal is accompanying a trainer for the purpose of training to become a Service Animal;

b. The animal’s presence is for the specific purpose of training to become a service animal;

c. The animal is wearing a collar and leash, harness, or cape that identifies the animal as a Service Animal in Training; and

d. The trainer shall be liable for any damage caused by the animal while on campus.

2. As long as the above provisions are maintained, under North Carolina statute, a Service Animal in Training has the same protections as a Service Animal. Under the ADA, a Service Animal in Training does not.

D. Exceptions to Service Animal Access

1. Although this Policy is intended to provide broad access to Service Animals to accompany their handlers on campus, the University may ask a handler to remove a Service Animal from University premises, including classrooms, buildings, or other facilities when:

a. The Service Animal’s behavior poses a direct threat to the health or safety of others;

b. The Service Animal is out of control and the handler does not take effective action to control it;

c. The Service Animal is not housebroken;

d. The Service Animal’s behavior fundamentally alters the nature of the programs, services, facilities, privileges, advantages, or accommodations at issue; or

e. The Service Animal does not have current vaccinations or does not wear a rabies vaccination tag.

2. Following removal of the Service Animal, the handler must ensure its care and supervision even if the handler chooses to remain on the premises. The Service Animal may not be left alone, and the University will not be responsible for the animal’s care.

3. The University may exclude a Service Animal from accompanying its handler to certain areas of campus where their presence would fundamentally alter the nature of a service or program or threaten the safety of the handler and/or Service Animal, such as non-communal food preparation areas, mechanical rooms, and hazardous laboratories. Generally, the identification of prohibited areas will require a case-by-case analysis.

E. University Housing

1. A handler must notify the Office of Housing and Residence Life prior to move-in of their intention to be accompanied by a Service Animal.

2. All stipulations stated in this Policy with respect to Service Animals or Service Animals in Training also apply to University housing.

3. Consistent with the provisions in the UNC Asheville Housing & Residence Life Guide regarding damage to student rooms and common areas, a handler may be held responsible for the cost of repairs for damage beyond reasonable wear and tear caused by their Service Animal.

4. A handler must not leave their Service Animal in University housing unattended or in the care of another individual when not present.

VI. Emotional Support Animals (ESAs)

A. An Emotional Support Animal is not a Service Animal or a Therapy Animal, and an Emotional Support Animal need not have specialized training.

1. Qualified students, employees, or guests with disabilities who reside in University housing may be permitted to live with an Emotional Support Animal as a reasonable accommodation. The Fair Housing Act requires that housing providers, including institutions of higher education, permit within their residences the presence of properly approved animals that provide emotional support or alleviate one or more of the identified symptoms or effects of a person’s disability.

2. An Emotional Support Animal may not reside in University housing without the approval of the relevant University officials.

3. The Office of Accessibility (OA) shall maintain procedures, guidelines, and forms to support the implementation of this Policy regarding Emotional Support Animals. These documents outline the specific steps for requesting accommodations, resolving disputes, and addressing violations of the Policy.

4. Any student requesting permission to have an Emotional Support Animal in their University housing must follow the prescribed application process through the OA. The OA requires advance notice in order to gather, review, and verify the necessary documentation.

5. Student Request Process. Students seeking approval to bring an Emotional Support Animal to reside in University housing as a reasonable accommodation must:

a. Submit an application to the OA for an Emotional Support Animal as a residential accommodation..

b. Designate a provider (licensed and credentialed physical or mental healthcare provider or therapist) to submit the required documentation to support the student’s request for an Emotional Support Animal. The documentation must state the provider’s name, title, and license/certification credentials. The provider must have an established and ongoing therapeutic relationship with the student requesting an Emotional Support Animal.

At a minimum the documentation should include:

  • The provider’s diagnosis of the person’s disability, including the ICD or DSM classification.
  • A clear description of the current impact and functional limitations resulting from the disability.
  • The provider’s confirmation that the Emotional Support Animal has been prescribed for treatment purposes and is necessary to help alleviate symptoms associated with the person’s condition and/or to help the person use and enjoy university housing services.
  • Any additional rationale or statement the University may reasonably need to understand the basis for the professional opinion.

c. Complete a Welcome Meeting with the OA. The OA will review each request individually and determine whether the requested accommodation is reasonable and appropriate, considering factors such as the nature of the disability.

If the OA approves an Emotional Support Animal as a reasonable and appropriate accommodation, the OA will notify the student and Housing and Residence Life of the approval.

d. Meet with Housing and Residence Life staff once Housing and Residence Life approves the Emotional Support Animal for University housing.

Housing and Residence Life will review the OA’s approval and will make the final determination of whether an animal may be permitted in University housing. Housing and Residence Life officials will counsel the student on expectations and requirements of maintaining an Emotional Support Animal in University housing as stipulated in this Policy and the Housing and Residence Life Animals in Residence Halls policy. Students are required to submit various veterinarian records (E.g. current vaccination records, spay/neuter records) and required tags to Housing and Residence Life. Having an Emotional Support Animal in University housing prior to approval is not permitted and may result in disciplinary action.

5. The effect of an Emotional Support Animal on others in the housing unit must be considered, including the potential effect on persons with allergies to animal hair or dander, impact to students with a phobia, as well as the willingness of roommates to share their housing with an animal. Depending on such circumstances, alternative housing may be considered.

6. Employee Request Process. Any employee seeking an Emotional Support Animal as a reasonable accommodation in University housing is processed through the Office for Institutional Integrity & Access and then forwarded to University housing for final approval. An employee must submit the same documentation as that required in the student request process.

7. The University reserves the right to deny a request for or remove an Emotional Support Animal from university premises if:

a. The Emotional Support Animal poses a direct threat to the health or safety of others;

b. The Emotional Support Animal is out of control and the handler does not take effective action to control it;

c. The Emotional Support Animal is not housebroken;

d. The Emotional Support Animal’s presence fundamentally alters the nature of a program, service, or activity; or

e. The Emotional Support Animal does not have current vaccinations or does not wear a rabies vaccination tag.

8. Note that an Emotional Support Animal shall not be approved as a reasonable accommodation in the workplace. Approval of an Emotional Support Animal is only for University housing under the Fair Housing Act.

9. An Emotional Support Animal is prohibited in University buildings, facilities, and designated outdoor areas including, but not limited to, Highsmith Union, Brown Dining Hall, classrooms, and athletic facilities and fields.

V. Therapy Animals

A. A Therapy Animal trained for Animal Assisted Therapy (“AAT”) may be brought into appropriate University health care or mental health facilities or educational settings to work with its trained handlers to provide service in conjunction with a University-approved program, provided that each handler:

1. Provides to the University documentation of the training for the Therapy Animal as demonstrated by attainment of the Canine Good Citizen (“CGC”) title through the American Kennel Club (“AKC”) or registration with a national therapy dog organization.

2. Provides to the University documentation showing that the handler has obtained and maintains liability insurance coverage protecting the University from claims arising out of the presence and utilization of the Therapy Animal and has obtained approval for the presence and use of the Therapy Animal from appropriate University officials.

3. Executes an Animal Assisted Therapy – Handler Agreement, waiving claims against the University with respect to any injuries (including death) sustained by the Therapy Animal during the time the Therapy Animal is on campus for working with its handler to provide service in conjunction with a University-approved program in one or more therapeutic or educational settings.

B. Except in circumstances described in Section C, below, a Therapy Animal is not permitted in campus facilities other than the healthcare or mental health facilities in which the Therapy Animal will be utilized.

C. A Therapy Animal may be brought into campus facilities other than healthcare or mental health facilities when the Therapy Animal will be utilized in an educational program designed to educate others about mental health issues and treatment if:

1. The handler obtains the consent of the University official responsible for the facility;

2. Potential attendees are given at least five days advance notice that a Therapy Animal will be present in the facility; and

3. The Therapy Animal is under the control of the handler at all times and is restrained by a leash or other appropriate device that does not exceed 6 feet in length.

D. A Therapy Animal is not a Service Animal or an Emotional Support Animal.

VII. Pets

A. Prohibited in University Housing, Buildings, Facilities, and Designated Outdoor Areas

1. Pets are generally prohibited from entering all University buildings, including all residence and non-residence facilities, enclosed or delineated outdoor athletic or recreational facilities/fields, or officially reserved or scheduled outdoor event on campus. This prohibition applies equally to Pets accompanying students, staff, faculty, guests, and visitors.

Exceptions may include special events, specific designated areas, or programs where Pets are explicitly allowed with prior authorization from the appropriate University authorities.

2. Pets shall not be permitted in University housing with the exception of specified residence building locations participating in the Rocky Pet program. Students keeping Pets in violation of this Policy shall be responsible for any incurred costs related to the cleaning or repair of University housing.

3. When Pets are allowed in designated areas, individuals responsible for the Pet must ensure they are under control, leashed, and cleaned up after at all times.

4. Pets that are aggressive, disruptive, or pose a direct threat to the health and safety of others may be asked to be removed or banned from University premises

B. Rules

1. When permitted, individuals with Pets on campus must abide by the requirements in Section VIII, below.

VIII. Responsibilities of Handlers

A. Continuing Obligation.

Handlers must meet all applicable requirements of this Policy. This obligation is on-going and a later failure to meet all requirements may result in removal or exclusion of the Service Animal, Emotional Support Animal, or Pet and disciplinary action against the handler.

B. Health and Safety.

1. The handler is responsible for the safety, health, behavior, and all actions of the Service Animal, Emotional Support Animal, or Pet at all times. UNC Asheville will not assume the care of any animal on campus, even during emergencies. Where a handler fails to care for, control, or attend to their animal, the University will arrange with appropriate authorities to remove the animal from its handler’s custody according to applicable laws and regulations.

Any suspected or observed indications of animal abuse or neglect shall be reported to University Police (828.232.5000 or police@unca.edu) and may subject the handler to disciplinary action.

2. The animal must be licensed and fully inoculated in accordance with North Carolina law (N.C.G.S. § 130A-185), Buncombe County regulations, and the City of Asheville Animal Ordinance. The handler is responsible for proving licensure and inoculation status. Dogs and cats must have current rabies vaccination and wear rabies vaccination tags. Dogs must also wear a city license tag.

3. Animals found tethered, unattended, or abandoned may be humanely impounded in accordance with all applicable laws and regulations.

4. Animals may be confined in vehicles parked on campus for a reasonable period of time as long as the animal is not endangered and does not endanger others or create a public nuisance. In the event of endangerment to the animal or others, or public nuisance, the animal’s handler is subject to citation and the animal may be humanely impounded. Animals confined in vehicles on campus that appear to be in distress or otherwise endangered, or endangering others or creating a nuisance, should be reported to University Police (828.232.5000 or police@unca.edu).

4. Persons who believe any animal on campus constitutes a safety hazard due to either the uniqueness of the space occupied or the behavior of the animal should contact University Police (828.232.5000 or police@unca.edu).

C. Control and Behavior.

In addition to applicable obligations contained elsewhere in this Policy, a handler must ensure the following control and behavior requirements are met. These requirements apply to all animals on campus:

1. The animal must be under the control of the handler at all times, and with the exception of certain Service Animals as noted above, must be restrained by a leash or similar device not to exceed six feet in length. At no time is the animal permitted to wander off leash or to be out of the control of the handler.

2. Fecal matter or other waste deposited (whether on University grounds or in a University building or other facility) by any animal brought onto campus must be removed immediately and disposed of properly by the handler. The burden is on the animal handler to arrange for removal of fecal matter or other waste if they are personally unable to perform the task. The University is not responsible for these services. The handler must always carry equipment and bags sufficient to clean up the animal’s fecal matter or other waste and must properly clean impacted areas and dispose of such waste. Handlers who are not physically able to pick up and dispose of waste are responsible for making all necessary arrangements for assistance.

3. The animal must not obstruct or disturb any space or activity of an academic program, including, but not limited to, residence halls, classrooms and labs, other campus buildings or recreational areas, roads, walkways and passages on any part of campus, legitimate campus activities and any other university programs, spaces or activities.

4. The animal must not engage in other behaviors or noises that are disruptive to others in the specific environment, including, but not limited to, excessive barking, whining, growling, excessive grooming, and sniffing people, personal belongings of others, and/or tables and eating areas.

5. The animal may not be left unattended overnight in University housing to be cared for by another student or staff member. Animals must be taken with the handler if they leave campus for a prolonged period.

6. When an animal is left unattended in a handler’s room for acceptable periods of time, the animal must be stored in a crate, carrier, or kennel.

IX. Responsibilities & Etiquette of the University Community

A. To ensure equitable access for and nondiscrimination of individuals with disabilities, members of the University community shall:

1. Not ask about the nature or extent of a person’s disability who is accompanied by a Service Animal;

2. Allow a Service Animal to accompany its handler at all times and everywhere on campus except where stated or posted;

3. Not touch, feed, or otherwise interfere with a Service Animal or Emotional Support Animal as that may distract the animal from its work;

4. Not deliberately startle, provoke, tease, or injure a Service Animal or Emotional Support Animal;

5. Not attempt to separate a Service Animal or Emotional Support Animal from its handler (violators may be asked to leave the premises);

6. Not falsely present an animal, including a Pet, as a Service Animal or Emotional Support Animal;

7. Not do anything to attract wild or feral animals to campus nor may any person feed or set out food or water for wild or feral animals on campus, or engage in any similar human interventions; and

8. Report any suspected or directly observed animal neglect or abuse to University Police (828.232.5000 or police@unca.edu).

B. UNC Asheville is committed to ensuring that the needs of all people who require accommodations are met and will determine how to resolve any conflicts or problems as expeditiously as possible.

C. It is unlawful to deprive a person with a disability or a person training a Service Animal of any North Carolina rights or rights granted to the general public with respect to being accompanied by animals (N.C.G.S. § 168-4.5).

X. Violations of this Policy

A. Any student, staff, or faculty member who violates any provision of this Policy may be subject to disciplinary action. This includes having a prohibited or unapproved animal in any area or facilities owned, leased, operated, or controlled by the University.

B. Any violation of this Policy by a Service Animal, Emotional Support Animal, or Pet will be considered a violation by the handler.

C. Violations by Students. Any student who violates any provision of this Policy may be subject to discipline under the Code of Student Responsibility. Such discipline may include, but is not limited to, the restriction or removal of the animal.

D. Violations by employees. Any employee who violates any provision of this Policy may be subject to discipline pursued under the appropriate employee disciplinary procedures concordant with the employee’s status at the University: SHRA, Exempt Professional Staff non-Faculty (EPS), and Faculty.

E. Violations by guests or visitors. If any visitor or guest violates any provision of this Policy, the University may ask a handler to remove the Service Animal, Emotional Support Animal, or Pet temporarily or may ban the animal permanently from University property.

F. The University may ask a handler to remove a Service Animal, Emotional Support Animal, or Pet for violations of this Policy without initiating a disciplinary proceeding.

G. The University may remove from property owned, leased, operated, or controlled by the University any animals that are prohibited, unapproved, or otherwise in violation of this Policy or other University policies.

XI. Grievance

Individuals who believe they have a legitimate grievance against the University or a University employee in a matter relating to the use of Service Animals, Emotional Support Animals, or Pets may seek resolution of that grievance through the appropriate University procedure, listed below. This includes disability discrimination. No student or employee shall be subject to retaliation for requesting or receiving a reasonable accommodation, for bringing a good-faith complaint pertaining to unlawful harassment or discrimination, or for protesting such behavior directed against another member of the University community. A student, employee, or program participant who wishes to file a disability discrimination complaint should contact the Office for Institutional Integrity & Access at 828-232-5658 or hlindkvi@unca.edu (iia@unca.edu). See the website for the Office for Institutional Integrity & Access for additional information.

Any grievance will be addressed through the appropriate University policy addressing discrimination and harassment.

Individuals with concerns about potential discrimination may file a complaint with the following federal agencies:

U.S. Department of Education, Office for Civil Rights, District of Columbia Office, 400 Maryland Avenue, S.W., Washington, DC 20202-1475, Telephone: 202-453-6020, Fax: 202-453-6021, Email: OCR.DC@ed.gov;

U.S. Department of Housing and Urban Development by phone at 800-877-0246, or on the web at https://www.hud.gov/complaints_home (and click on “Housing Discrimination”). HUD addresses complaints related to University housing; or

U.S. Department of Justice, Disability Rights Section by email at ADA.complaint@usdoj.gov, or on the web at https://www.ada.gov/.

XII. Related Regulations, Policies, and Requirements

A. External Regulations

Federal

North Carolina General Statutes

City of Asheville

B. University Policies and Procedures

C. Related Resources

Virtual Campus Tours