Emotional Support Animal Guidelines

The following guidelines provide important information about Emotional Support Animals on the University of Oregon campus.

Definition

An Emotional Support Animal (“ESA,” also referred to as assistance, therapy, comfort, or companion animal) is any animal that provides emotional support alleviating one or more symptoms or effects of a person’s disability. Emotional Support Animals provide companionship, relieve loneliness, and sometimes help with disorders such as depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities (referred to as a handler). Emotional Support Animals are not limited to dogs; however, they are most typically dogs and cats. Emotional Support Animals are not Service Animals. A Service Animal, as defined by the Americans with Disabilities Act (ADA), is a dog or miniature horse that is individually trained to do work or perform tasks for their handler. Accommodations decisions are made by the Accessible Education Center (AEC) in the case of students, and OEOA in the case of employees, job applicants, and members of the public.

Examples of the types of alleviation of symptoms performed by an Emotional Support Animal include, but are not limited to:

• A cat that helps an individual with anxiety feel more calm because of its presence; or
• A dog that helps an individual with ADHD focus better when the individual pets it; or
• The routine required to care for the animal provides structural stability, motivating the individual with depression to maintain basic self-care and leave the home during severe depressive episodes.

Right to Access University Property

Emotional Support Animals are not allowed access to university buildings without an approved accommodation for their handler. The handler is solely responsible for caring and supervising the Emotional Support Animal on University property that is specified in an agreement provided by University Housing or the Office of Equal Opportunity and Access at the conclusion of the interactive accommodation process.

Students

Under Title II of the ADA, students may request an accommodation to have their ESA in University Housing through the AEC, which is responsible for reviewing requests for reasonable accommodations. The AEC engages in an interactive process to determine whether the requested accommodation is necessary for a student with a disability to have equal opportunity to enjoy and use a dwelling in University Housing. The AEC is only involved in requests directly related to disability. All other housing related concerns, including roommate conflicts or financial barriers to living on campus, should be directed to University Housing.

If a student with an approved Housing ESA accommodation wishes to take an Emotional Support Animal into other campus buildings or parts of campus from which animals are typically restricted, they must meet with the AEC to engage in an interactive process to assess the individual’s need for this accommodation.

Employees and Job Applicants

Under Title I of the ADA, employees and job applicants may request an Emotional Support Animal as a reasonable accommodation. Workplace accommodations include any change to the work environment or the way things are customarily done that enables an employee with a disability to overcome the disability-related barriers experienced with their medical condition so that they may perform the essential functions of their position.

OEOA is responsible for administering the university’s workforce interactive disability accommodation process for employees and job applicants. Those interested in requesting an Emotional Support Animal as a workplace accommodation are asked to complete an Accommodation Request Form, or request an alternative submission modality at WorkplaceADA@uoregon.edu.

Based on the information provided by the request form and medical provider form, OEOA will make a determination on a case-by-case basis about whether the presence of the Emotional Support Animal is reasonable. In making that decision, OEOA may consider the following factors, among others:

• the size of the animal relative to the employee’s workspace;
• whether the animal’s vaccinations are up-to-date;
• whether the animal poses, or has previously posed, a direct threat to individuals or other animals such as aggressive behavior, or injuring an individual or other animal, or damage to property. Dogs will not be excluded based on breed; or
• whether the animal is a wild animal or is a species of animal that is known to pose a threat, such as a venomous snake.

Members of the Public

Under Title II of the ADA, members of the public may request to have their ESA in University Housing as an accommodation through OEOA. This office is responsible for reviewing requests for reasonable accommodations on the basis of disability for those family members of University affiliates who reside in University Housing. OEOA engages in an interactive process to determine whether the requested accommodation is necessary for the individual with a disability to have equal opportunity to enjoy and use a dwelling in University Housing.

If a member of the public wishes to take an Emotional Support Animal into campus buildings or other parts of campus in which animals are typically restricted, they must meet with OEOA to engage in an interactive process to assess the individual’s need for this accommodation.

Disclosing Information about the Emotional Support Animal in the Workplace

As part of the process of determining whether an Emotional Support Animal is reasonable, OEOA may disclose the request to individuals such as officemates, who may be impacted by the presence of the animal, e.g., because of animal allergies. This information will be shared with the intent of preparing colleagues for the presence of the Emotional Support Animal or resolving any potential associated issues or concerns.

Approved Emotional Support Animals are not required to wear an identification vest or harness.

If OEOA finds the presence of an Emotional Support Animal reasonable in one location, e.g., in the employee’s personal office, this does not mean it is reasonable for an individual to take the animal to other University buildings/facilities, e.g., the library, dining hall, or athletic events.

Exclusion of Emotional Support Animals from University Buildings

An approved Emotional Support Animal as an accommodation may not be excluded based on concerns over allergies, stereotypes about the animal’s breed, or unsubstantiated assumptions as to how the animal might behave.

The University may prohibit an Emotional Support Animal from accessing a University building if:

• the animal is out of control or sufficiently disruptive and the handler does not take effective action to control it;
• the animal is not housebroken;
• the animal’s presence in a specific environment poses a direct threat to the health or safety of the animal (such as mistreatment and/or neglect), the handler, or other members of the University community;
• the presence of the animal fundamentally alters the nature of the place, service or activity;
• the presence of the animal causes an undue burden; or
• the workforce accommodation or housing agreement signed by the handler is not adhered to.

Departments, faculty, and employees should not determine if an approved Emotional Support Animal, in their view, fundamentally alters the nature of a program, service or activity, or whether it should be removed. Instead, consult with OEOA or the AEC if you have questions, unless there is an immediate threat (such as the animal has bitten or attempted to bite someone).

If immediate removal of an Emotional Support Animal is necessary for safety reasons, the handler may be prohibited from bringing the animal into any University location, including locations outlined in the signed agreement, until such time as the concern has been resolved. In the event a handler is not cooperating regarding removal of the animal, the department should not separate or attempt to separate a handler from their animal. UOPD or local law enforcement, or both, may be called to help address the situation.

Where an Emotional Support Animal is removed pursuant to this University Policy, the unit should first work with OEOA or AEC to determine next steps. Prior to allowing the animal to return to campus, OEOA or AEC will work with the handler to determine if they can demonstrate that they have taken steps to mitigate the behavior(s) or address safety concerns. If not, OEOA or AEC will work with the handler to assess reasonable alternative opportunities to participate in the service, program, or activity without having the specific animal on the premises. Permanent removal of an Emotional Support Animal would only be considered after sufficient time and opportunity for the handler to address and correct the concerning behavior and can only be done in consultation with OEOA or AEC.

When requested, a written explanation of the decision will be provided to the animal’s handler or owner.

Permissible Inquiries by University Employees

University employees should not ask a handler if the animal is an Emotional Support Animal. The animal is not required to wear a special vest or harness identifying it as an Emotional Support Animal or provide any proof of an accommodation.

In some circumstances, a University employee may have a need to inquire about an animal’s presence on University property and it may not be readily apparent that the animal is an approved accommodation. When it is not obvious that an animal is an Emotional Support Animal, University employees may ask the handler the following question to determine whether the animal is an Emotional Support Animal:

• Has the necessary University department (OEOA or the AEC) determined that this animal is an Emotional Support Animal that may be present as a reasonable accommodation?

Under no circumstances should University staff ask a handler questions about the nature or extent of their disability or request medical documentation or documentation associated with the requested accommodation or approval.

If the necessary University department has not determined that the animal is an Emotional Support Animal as a reasonable accommodation, then it does not qualify as an Emotional Support Animal. If the handler states that the animal is a Service Animal, University staff may then ask if the dog/miniature horse is required because of a disability and what work or task has the dog/miniature horse been trained to perform.

University employees who are unsure whether an animal is a Service Animal or an Emotional Support Animal should contact the Office of Equal Opportunity and Access (in the case of handlers who are employees or members of the public) or the AEC (in the case of handlers who are students) to determine an appropriate course for addressing the situation.