Assistance Animal Policy

Updated Feb. 2025

Introduction

This policy applies to students residing in Transylvania University Student Housing.

Federal nondiscrimination laws define a person with a disability to include any (1) individual with a physical or mental impairment that substantially limits one or more major life activities; (2) individual with a record of such impairment; or (3) individual who is regarded as having such an impairment1U.S. Department of Housing and Urban Development.

Transylvania University’s Housing policy states that pets, except for fish in a tank of 5 gallons or less, are not permitted in Transylvania University student housing. However, Transylvania is committed to providing reasonable accommodations to qualified students with disabilities who require the use of an assistance animal, as defined by the Fair Housing Act2An Assistance Animal is an animal that works, provides assistance, or performs tasks for
the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s documented disability. , and will allow exceptions to the no-pet policy.

Definitions

  1. Pets
    • A pet is an animal kept for ordinary use and companionship. Pets, other than fish in a tank no bigger than five (5) gallons, are prohibited in university residential, academic, and administrative buildings. Violations of this policy will result in a minimum $500 fine. For more information on pets in university housing, please refer to the appropriate section in the Student Handbook.
  2. Assistance Animals
    • An assistance animal, as defined below, is not considered a pet. It is an animal that (1) works, provides assistance, or performs tasks for the benefit of a person with a disability; or (2) provides emotional or other type of support that alleviates one or more identified symptoms or effects of a person’s disability.
    • Assistance animals include emotional support animals (ESA) prescribed by a licensed healthcare or mental healthcare provider to an individual with a disability as part of the individual’s treatment plan and is deemed by the provider as therapeutically or medically necessary to manage the individual’s medical condition or mental health by alleviating one or more identified symptoms of the individual’s disability.
    • Therapy animals, who provide assistance to other individuals, are not allowed to reside on campus.
  3. Service Animals
    • Service animals, as defined by the Americans with Disabilities Act3ADA.gov U.S. Department of Justice (ADA), are dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of work include, but are not limited to, mobility assistance, alerting, retrieving items, guiding, detecting onset of seizures, and others. Emotional support or therapy dogs are not service animals.

Assistance Animal Request Process

Students seeking approval for an assistance animal not considered a service animal under the ADA to live with them in university housing are to follow the assistance animal request process as described below. Service animals may reside in student housing. Students with a service animal are asked to contact Accessibility Services prior to move-in to alert them about the presence of their service animal on campus and in student housing. For more information, please refer to the Service Animals Policy4The Service Animal Policy is available in the Student Handbook and on the Accessibility
Services website., found under Campus Policies on the Transylvania University homepage. Service animals in training may live in student housing if they are actively being trained to perform tasks directly related to their handler’s disability. Responsibilities under III.3., V.1.-4., and VII.1.-4. of this policy apply to residential students with service animals.

Documentation Guidelines

  1. Medical Documentation
    • A student wishing to request an assistance animal in student housing should contact the office of Accessibility Services to begin the request process in conjunction with supporting medical documentation. The medical documentation must be completed by a licensed healthcare or mental healthcare professional qualified to diagnose and treat the related disability. The provider should have an established professional medical or therapeutic relationship with the student and prescribes the animal as part of the student’s comprehensive treatment plan. The request must be based on an individualized assessment and explain how the animal’s presence provides equal access to student housing. In particular, it must explain the nexus between the impact of the disability and the support the animal provides to mitigate symptoms. The ESA Request Form, found on the Accessibility Services webpage, may be used for this purpose.
    • Letters purchased online for the sole purpose of representing a pet as an emotional support animal will not be accepted.
  2. Personal Statement
    • The requesting student is asked to supplement the medical documentation with a personal statement in which the history and relationship with the animal are explained in their own words. Practices or protocols in care (feeding, handling, cage cleaning, adequate exercise, veterinary attention, etc.) should be incorporated into this statement to encourage students to thoroughly think about the limitations of a confined and shared living environment of student housing and how potential risks or negative impacts can be circumvented or proactively avoided.

1.-2. can be submitted to Accessibility Services in person, via mail, email, or fax.

  1. Additional Information
    • In addition to the above information, students must provide the following to the Director of Residence Life:
      1. Proof of an up-to-date exam for the animal from a licensed veterinarian that attests to the absence of communicable diseases and parasites to show that the animal does not pose a notable risk of zoonosis.
      2. Submittal of up-to-date vaccination records as well as licensing, as required by Kentucky State law and Lexington City ordinance. This information must be resubmitted as soon as it expires. Only fully vaccinated cats and dogs will be allowed in the residence halls. Vaccination tags should be attached to the harness or collar worn by the animal.
      3. Verification of regular flea treatment for cats, dogs, and other animals as appropriate.
      4. Name, Address, and Phone Number of an alternate caregiver who can take care of the animal in case of an emergency. Residence Life Staff must be notified in writing of any changes to this information.
      5. In order to avoid possible roommate conflicts and to allow housing time to make arrangements, if necessary, students should have a proactive conversation with their roommate(s) about the presence of an animal in the room. The conversation can be documented here. Contact Residence Life if the link is broken or not working.
      6. Complete and sign the Assistance Animal Owner Agreement (which will be made available by the Director of Residence Life after the animal has been approved by Accessibility Services) to verify that the student has read, understood, and will abide by the guidelines as outlined in this document.

Assistance Animal / ESA Request Process

An Accessibility Services Coordinator will review the request after medical documentation and personal statement (see documentation guidelines 1. and 2.) have been received.

The following criteria are considered when reviewing an Assistance Animal request:

  1. established disability
  2. documented need of the support the animal provides
  3. type of animal
  4. age of animal
  5. size of animal

Due to room sizes in university housing, the space available may not adequately meet the welfare needs of larger-sized animals and/or fit an appropriately sized crate in the room. Requests for large-size assistance animals will be evaluated on a case-by-case basis.

No animal is allowed in University Housing prior to approval.

When a decision for an assistance animal is made, the student and the Director of Residence Life will be informed of the decision. If favorable, the student must submit the remaining documentation listed under 3. to the Director of Residence Life prior to moving the animal into university housing. Generally, approval for assistance animals is for one academic year.

If the decision for an assistance animal is not approved, the student may file an appeal through the appeal process as outlined in the Student Accommodation Resolution and Grievance Process, posted on the Accessibility Services website and in the Student Handbook.

Requestors’ Responsibilities

Students granted the accommodation of an ESA or assistance animal other than service dog in their residence hall shall be subject to the following rules, in addition to any other Transylvania University rules and regulations.

  1. General
    • An assistance animal cannot unduly interfere with opportunities for other residents to enjoy shared spaces or with the routine activities of residential living. Disruptive behaviors must be addressed and corrected.
    • Any assistance animal must reside with the student for whom it was approved.
    • An assistance animal may not be left unattended overnight or for extended periods. Animals, including assistance animals except for service animals, are generally not permitted on college-sponsored trips. Students should make appropriate arrangements and communicate those arrangements with Residence Life staff before departure.
  2. Care
    • Assistance animals must be housebroken, when applicable. The student is responsible for the cleanup of the animal’s waste (both indoors and outdoors) in a prompt manner. Any waste must be disposed of in a safe and sanitary manner.
    • The student must ensure that the animal is well cared for (food, water, cleanliness, adequate exercise, etc.).
    • The student agrees to provide their animal with appropriate veterinary care and treatment. That includes but is not limited to up-to-date vaccinations, regular flea treatments, routine medications, and other requirements such as licensing as outlined by local, county, and state law.
  3. Safety
    • Assistance animals may not pose a danger or threat to the health and safety of other students, staff, faculty, or guests.
    • The student must keep their animal in a carrier or properly restrained by leash or harness when outside the student’s assigned living space.
    • Unforeseen room maintenance or inspections can cause a disturbance in an animal’s daily routine. The student is responsible for ensuring that the animal is safe when the student is away from their room. For the animal’s safety, Transylvania University recommends that animals are kept in a crate while alone in the room. Transylvania is not responsible if the animal escapes or causes harm to others who have a legitimate reason to enter the room.
  4. Financial
    • The student assumes all responsibility for the animal’s actions. The student is solely responsible for any injuries to people or damage to property caused by the animal.
    • Transylvania does not require fees or surcharges for assistance animals. However, a student may be charged for any damage caused by their animal beyond reasonable wear and tear to the same extent that other students are charged for damages.
    • If fleas, ticks, or other pests are detected through inspection, the student may be billed for the expense of any pest treatment beyond standard pest management in Student Housing.
  5. Removal
    • In case the animal causes serious harm or poses an immediate danger to the safety of others, Transylvania University may require immediate removal of the animal. The notification will be in writing to the student’s university email address.
    • If the student voluntarily removes their animal, they are asked to notify Accessibility Services as well as Residence Life of this fact.
    • If it is necessary to replace an approved animal, the student must engage with Accessibility Services who will notify Residence Life of the change. This must be completed prior to bringing another animal into student housing.

Unapproved Animals

Any unapproved animal living in university housing violates the no-pets policy and will be subject to Residence Life and Student Code of Conduct response. Students who are found to violate this policy will have to resolve this issue and remove the animal from campus before the approval process will begin or continue.

Exceptions

Transylvania University may require the student to remove the assistance animal from student housing in certain instances.

  1. Direct Threat
    The animal poses a direct threat to the health or safety of others that cannot be mitigated5Transylvania University will make an individualized assessment to determine: (1) the nature, duration, and severity of the risk, (2) the probability that the potential injury will occur, and (3) whether reasonable modifications of policies, practices, procedures, or the provision of auxiliary aids or services will mitigate the risk. .
  2. Control
    The animal is out of control or causes disturbances and the student does not take corrective and effective action to address and correct it. The student will receive a written warning from Residence Life and depending on individual circumstances, may have up to 14 days to correct the situation.
  3. Training
    The animal is not housebroken, or the owner fails to maintain cleanliness of the room containing an assistance animal that deposits waste in their cage or a litter box.
  4. Care
    Evidence of neglect, mistreatment, or abuse of the assistance animal.
  5. Damage
    The animal has caused substantial damage to the property of others, including University property.

In case the animal causes serious harm or poses an immediate danger to the safety of others, Transylvania University may require immediate removal of the animal. The notification will be in writing to the student’s university email address.

Conflicting Disabilities

Conflicts between students with approved assistance animals and other students protected under the Americans with Disabilities Act will be addressed on a case-by-case basis. The needs of both parties will be considered in resolving the issue. Any student negatively impacted by the presence of an assistance animal should contact Accessibility Services and provide supporting disability documentation. In severe situations of allergic, behavioral, or medical reactions, temporary or interim accommodations may be arranged while addressing the matter.

Emergency Situations

In the event of an emergency, Transylvania University staff will collaborate with the Lexington Fire or Police departments or other emergency responders. Their protocol will be followed. The University is neither responsible for the removal of an animal during evacuation nor for the care of an animal during or after an emergency.

Students with assistance animals are encouraged to develop an individual safety or evacuation plan. In case of an emergency evacuation, the student should have a crate large enough that the animal can comfortably stay in for hours at a time. Students must have an alternate caretaker for the animal in case the student is unable to care for the animal (such as a hospitalization). An animal is not allowed to reside on campus without the owner. Exceptions for short periods of time can be granted by Residence Life. The caretaker will resume responsibility and possession of the animal until the student is able to resume care and/or return to campus.

Appeals and Grievances

A student may file an appeal regarding decisions about assistance animals by following the process as outlined in the Accommodation Resolution and Grievance Process, found on the Accessibility Services website.

Privacy

Disability information is kept private and maintained in secure files or on secure sites. Limited information about the presence of the animal and/or the student’s protected status as a person with a disability will be shared on a need-to-know basis with others directly impacted by the presence of the

animal (e.g. Residence Life staff, Campus Maintenance, potential or actual roommate(s), etc.). Such information shall not include details related to the student’s disability.

Acknowledgment

By signature on the Animal Owner Agreement Form, which will be made available by Residence Life after approval of the assistance animal by Accessibility Services, the requesting student verifies that they have read, understand, and will abide by the requirements set forth in this document.

The requesting student understands that if they fail to meet these requirements, Transylvania University has the right to remove the animal and rescind approval. The student will be nonetheless required to fulfill their housing, academic, and all other obligations for the remainder of the housing contract.

Students who violate this policy may be held accountable through the student conduct system. The Dean of Students or a designee will determine appropriate charges. The student acknowledges that they assume full responsibility, financial and otherwise, for the actions of their assistance animal.

Transylvania University