Emotional Support Animal Guidelines and Documentation

These Emotional Support Animal Guidelines and Documentation (“Guidelines”) detail the specific requirements applicable to a student, employee, or visitor’s use of an Emotional Support Animal (“ESA”) in the University of Cincinnati (“UC” or the “University”) housing. These Guidelines apply solely to ESAs, as defined herein.  These do not apply to “Service Animals” as defined by the University Service Animal and Emotional Support Animal Policy. UC reserves the right to amend these Guidelines as circumstances require.

Individuals are generally prohibited from having animals of any type in university housing. An individual with a disability may request a reasonable accommodation from this prohibition. However, an individual may not have an ESA in University housing prior to receiving approval pursuant to these Guidelines. 

Definitions

Emotional Support Animal (“ESA”): An animal that provides emotional support, calming, or stability that alleviates or reduces one or more identified symptoms or effects of a person’s disability. ESAs do not perform work or tasks that would qualify them as “Service Animals” under this Policy. ESAs may be any kind of small animal commonly kept in households and allowed within state or county regulations (e.g., dog, cat, rabbit, fish, turtle, or other small, domesticated animal that is traditionally kept in the home for pleasure).  ESAs are not pets; pets and other animals are regulated by University Advisory 22.1: Animals on Campus.

Owner: An individual with a disability that has requested an accommodation and received approval to bring the ESA into University Housing.  

Procedure

Request Process

A student with a disability seeking to have an ESA in University housing must initiate their request through the student accommodation registration process in the UC Accommodate portal and provide an Emotional Support Animal Health Care Provider Form. Employees must initiate the request through the employee accommodation process in Human Resources. Visitors must contact Accessibility Resources to initiate a request. 

Health Care Provider

The Health Provider Request Form should be completed by a reliable, licensed third-party health care provider (“Health Care Provider”), who can verify that the requested accommodation is necessary to provide the individual an equal opportunity to use and enjoy University housing.  Appropriate Heath Care Providers for submitting this Request Form must be licensed within their state of practice and in good standing in their fields.  They must have an established professional relationship with the requester and may not have an immediate familial relationship. If the Health Care Provider returns the Request Form with insufficient information to determine whether an accommodation is necessary under these Guidelines, Accessibility Resources will inform the individual in writing of the insufficiency and may request additional information, including requesting to speak directly with the Health Care Provider.

Timing

UC will accept and consider Request Forms at any time. However, the University encourages individuals who anticipate submitting a Request Form to do so as soon as practicably possible before moving into University housing. UC cannot guarantee that it will be able to meet the individual’s accommodation needs during the first semester or term of occupancy if a Request Form is submitted fewer than 30 days before the individual intends to move into University housing.

Submission

All completed student forms must be submitted through the Accessibility Resources online student accommodation portal, UC Accommodate

Criteria for Determining if ESA in University Housing is Reasonable

Determining Factors  

UC may consider the following factors, among others, to determine approval of an ESA request as well as to determine appropriate housing assignments:

  • If the animal’s presence imposes an undue financial and/or administrative burden;

  • If the animal’s presence fundamentally alters University housing policies;

  • Whether animal's presence would force another resident from University housing due to conflicting disabilities (e.g. serious allergies);

  • Whether the size of the crate/cage that is needed for the animal to be contained while the individual is not in the room is too large for available assigned housing space;

  • Whether the animal's presence otherwise violates other residents’ the right to peace and quiet enjoyment;

  • If the animal is not housebroken or is unable to live with other residents in a reasonable manner;

  • If the animal's vaccinations are not up-to-date; 

  • Whether the animal poses health risks from zoonotic diseases or safety concerns regarding containment that cannot be sufficiently mitigated for inclusion in the communal living setting;

  • Whether the animal poses or has posed in the past a direct threat to the individual or others such as aggressive behavior towards or injuring the individual or others; or

  • Whether the animal causes or has caused excessive damage to housing beyond reasonable wear and tear.

Young Animals  

University housing, in most cases, is not an appropriate environment to raise a young animal. Generally, for the safety of other people and animals, dogs must be at least 10 months of age, and cats must be 4 months of age, be spayed or neutered, be fully housebroken, and be up to date on all required vaccinations before they can live in University housing. 

Limited ESAs

The presence of only one ESA will be approved per individual and only one ESA per room, although unique circumstances will be considered.

Room Assignment  

Owners are not automatically assigned to a private room. If an Owner is assigned to a private room, the standard private room rate will apply. UC will not limit room assignments for individuals with an ESA to any particular building or buildings because the individual requires an ESA.

Access to University Facilities by ESAs

Living Quarters

An ESA may only be in the Owner’s personally assigned living quarters as defined by their housing agreement (e.g., room, suite, apartment).

University Housing Common Areas

An Emotional Support Animal (ESA) is allowed in the University housing common areas only if Accessibility Resources approves it, and only if the ESA's presence is necessary for providing support to its owner in those areas. The exception to this rule is when the ESA needs to go outside to relieve itself. ESAs are not permitted in common areas for exercise or socialization purposes.

Other University Facilities  

ESAs are not allowed in any University facilities other than the University housing to which the Owner is assigned, unless the Owner has received an approved accommodation request to have their ESA in other specified University facilities.

Proper Control of ESA

The Owner must properly house, restrain, or otherwise have the ESA under its dominion and control at all times. When an ESA is outside the Owner’s living quarters, it must be in an animal carrier or controlled by a leash, tether, or harness. No Owner shall permit the ESA to go loose or run at large. If an ESA is found unaccompanied by its Owner, the animal is subject to confinement and removal from University housing and the Owner is subject to discipline pursuant to the Student Code of Conduct or other applicable University policy or agreement. 

Owner's Responsibilities for an ESA

The Owner is solely responsible for the custody and care of the approved ESA and must meet the following requirements:

  • Legal Compliance: The Owner must abide by current city, county, and state ordinances, laws, and/or regulations pertaining to licensing, vaccination, and other requirements for animals. It is the Owner’s responsibility to know and understand these ordinances, laws, and regulations. The University has the right to require documentation of compliance with such ordinances, laws, and/or regulations, which will include a Veterinarian Verification Form. The University reserves the right to request documentation showing that the ESA has been licensed.
  • ESA Waste: The Owner is required to clean up after their ESA and dispose of its waste in designated outdoor trash dumpsters. Litter boxes should be placed on mats in bathrooms with tiled or vinyl floors to prevent feces and urine from being tracked onto carpeted areas. Waste must not be disposed of in indoor trash bins, sinks, toilets, or drains. Any odor from the ESA in the University housing residence is unacceptable. Failure to clean up after an ESA accident or improperly disposing of waste will result in a cleaning fee of at least $150.00 per incident
  • ESA Cleaning: The ESA will not be bathed, or its cage/crate or bedding cleaned using University facilities.
  • Mistreatment or Abuse: The Owner must ensure the ESA is always well cared for. Any evidence of mistreatment or abuse may result in immediate removal of the ESA and/or discipline for the Owner. 
  • Fee/Surcharge: UC will not request nor require an Owner to pay a fee or surcharge for an approved ESA.
  • Damages: An Owner may be charged for any damage caused by their ESA beyond reasonable wear and tear to the same extent that it charges other individuals for damages beyond reasonable wear and tear. The Owner's living accommodations may also be inspected for fleas, ticks, or other pests, as necessary. If fleas, ticks, or other pests are detected through inspection, the residence 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 University housing. The University shall have the right to bill an Owner’s student account for unmet obligations under this provision.
  • Cooperation:  The Owner must fully cooperate with University personnel regarding meeting the terms of these Guidelines and developing procedures for care of the ESA (e.g., cleaning the animal, feeding/watering the animal, designating an outdoor relief area, disposing of feces, etc.).
  • Leaving an ESA Unaccompanied:  ESAs may 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 their living quarters overnight or longer, the ESA must accompany the Owner. The Owner is responsible for ensuring that the ESA is contained (e.g. caged/crated), as appropriate, when the Owner is not present while attending classes or for any other activities. The University reserves the right to inspect the enclosure to be used in containing the ESA. 
  • Time Limit: The ESA is allowed in University housing, only as long as it is necessary, because of the Owner’s disability. The Owner must notify Accessibility Resources in writing if the ESA is no longer needed or is no longer in residence. 
  • Replacing an ESA: To replace an ESA, the Owner must submit a new Request Form pursuant to the procedures set forth in these Guidelines.  
  • Care for ESA: UC personnel shall not be required to provide care or food for any ESA including, but not limited to, removing the ESA during emergency evacuation for events such as a fire alarm.  Emergency personnel will determine whether to remove the ESA and may not be held responsible for the care, damage to, or loss of the ESA.
  • Emergency Contact Information: The Owner must provide the University with the name and contact information for someone who does not reside in University housing and who can take responsibility for the animal within 12 hours should the Owner be unable or unavailable to care for it. If the emergency contact is not available or reachable, the University may remove the animal as outlined in this procedure. Emergency Contact information is collected annually as part of the housing contracting process and must be updated through Accessibility Resources if needed. 
  • Notification of Lost/Escaped ESA: The Owner will notify Residence Education and Development and University Housing if the ESA escapes or is unable to be located within 8 hours. 
  • Consent to Release Information: The Owner must provide written consent for the Accessibility Resources Office to disclose information regarding the request for and presence of the ESA to those individuals who may be impacted by the ESA including, but not limited to, University Housing personnel and potential and/or actual roommate(s)/neighbor(s). Such information shall be limited to information related to the ESA and shall not include information related to the Owner’s disability. 
  • Roommate Communication: While not required, students are highly encouraged to notify their roommates of their approved ESA prior to moving into their residence hall. Accessibility Resources is available to facilitate and support such communication.  
  • Other University Policies: The Owner agrees to abide by all other applicable University policies, including but not limited to all other applicable housing policies that are unrelated to the individual’s disability such as ensuring that the ESA does not unduly interfere with the routine activities of the residence or cause difficulties for individuals who reside there. An exception to a housing policy that otherwise would prohibit having an ESA does not constitute an exception to any other policy.  The Owner may be charged with violations to the University Student Code of Conduct, University housing regulations, or other applicable University policies or collective bargaining agreements for significant University housing disruptions caused by an ESA in their care.

Removal of an ESA from University Housing

The University may require an Owner to remove an ESA from University housing if:

  • The ESA poses a direct threat to the health or safety of others or causes substantial property damage to the property of others;

  • The ESA’s presence results in the fundamental alteration of a University program;

  • The ESA is not housebroken; 

  • The ESA displays a substantial lack of cleanliness;

  • The ESA is abandoned by the Owner, unless a local emergency contact is imminently responding pursuant to an emergency response and care plan;

  • The Owner does not comply with the Owner’s Responsibilities set forth above; or

  • The ESA or its presence creates an unmanageable disturbance or interference with the University community. 

The University will base its removal decision on the behavior of the particular ESA at issue, and not on speculation or fear about the harm or damages an animal may cause. If the University determines that the ESA must be removed from University housing, and the Owner fails to comply within 48 hours, the University may have the ESA removed to an appropriate animal shelter. Additionally, failure to comply with the order for removal will result in a referral to the Office of Student Conduct and Community Standards pursuant to the Student Code of Conduct for students or discipline, up to and including termination for employees. Should the ESA be removed from the premises for any reason, the Owner is expected to fulfill their housing obligations for the remainder of the housing contract.