Emotional Support Animal Policy
The following guidance has been established by the Office of Disability Services to assist in making decisions regarding the presence of emotional support animals in the residence halls for students with disabilities. These policies and procedures do not apply to service animals. Duquesne University reserves the right to amend this guidance at any time.
A request for an Emotional Support Animal may be denied as unreasonable if the presence of the animal: imposes an undue financial and/or administrative burden or poses a direct threat to the health and safety of others or would cause substantial property damage to the property of others, including University property.
For all requests for Emotional Support Animals, the Office of Disability Services will consult with the Office of Residence Life in making a determination on a case-by-case basis of how the accommodation will be implemented.
If the request is approved:
- The student must meet with the Office of Disability Services to discuss implementing the accommodation.
- The student must complete the "Emotional Support Animal Agreement".
- The student's roommate(s), apartment mate(s), or suitemates(s) will be notified to obtain their agreement to have a support animal in their living environment.
- Should there be conflicting considerations between the student approved for an emotional support animal and the needs of roommate(s), apartment mate(s), or suitemate(s), such as health/allergy conditions or fear of the animal, either the student requesting the emotional support animal or the non-approving roommate(s), apartment mate(s), or housemate(s) may be moved to a different location based on space availability. Residence Life will consider options for all involved students.
- The animal may not reside in campus housing until final approval by Disability Services
- Living Learning Center staff will be notified, as appropriate.
- The student must provide contact information for an alternate caregiver who lives off campus and can care for the animal if the approved student is unable to do so.
- The Office of Residence Life will assume no responsibility/liability for the care of a student's emotional support animal.
Service Animals
From the U.S. Department of Justice, Civil Rights Division, Disability Rights Section:
Frequently Asked Questions about Service Animals and the ADA
Many people with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking, picking up items for a person who uses a wheelchair, preventing a child with autism from wandering away, or alerting a person who has hearing loss when someone is approaching from behind.
The Department of Justice continues to receive many questions about how the Americans with Disabilities Act (ADA) applies to service animals. The ADA requires State and local government agencies, businesses, and non-profit organizations (covered entities) that provide goods or services to the public to make "reasonable modifications" in their policies, practices, or procedures when necessary to accommodate people with disabilities. The service animal rules fall under this general principle. Accordingly, entities that have a "no pets" policy generally must modify the policy to allow service animals into their facilities.
Definition of a Service Animal
What is a service animal? Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability.
What does "do work or perform tasks" mean? The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA? No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.
If someone's dog calms them when having an anxiety attack, does this qualify it as a service animal? It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog's mere presence provides comfort, that would not be considered a service animal under the ADA.
Does the ADA require service animals to be professionally trained? No. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.
Are service-animals-in-training considered service animals under the ADA? No. Under the ADA, the dog must already be trained before it can be taken into public places. However, some State or local laws cover animals that are still in training.
General Rules
What questions can a covered entity's employees ask to determine if a dog is a service animal? In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.
Do service animals have to wear a vest or patch or special harness identifying them as service animals? No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
Who is responsible for the care and supervision of a service animal? The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, and grooming and veterinary care. Covered entities are not obligated to supervise or otherwise care for a service animal.
Can a person bring a service animal with them as they go through a salad bar or other self-service food lines? Yes. Service animals must be allowed to accompany their handlers to and through self-service food lines. Similarly, service animals may not be prohibited from communal food preparation areas, such as are commonly found in shelters or dormitories.