Assistance Animal Policy

(Effective: 06/01/18)

The New School recognizes the importance of Assistance Animals, including Service Animals (SAs) and “Emotional Support Animals” (ESAs), providing physical and/or emotional support to individuals with disabilities under the Americans with Disabilities Act As Amended (ADAAA) and the Fair Housing Act (FHA). The New School is committed to allowing individuals with disabilities the use of Assistance Animals on campus and in residence to facilitate their full participation and equal access to the University’s programs, housing, and activities. This policy explains the specific requirements applicable to a student’s use of an SA or an ESA on University property or in housing.

Definitions

Assistance Animals

Under the FHA and Section 504 of the Rehabilitation Act of 1973 (504), the term “Assistance Animal” includes certified “Service Animals,” “Emotional Support Animals” and any other personal 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 disability.”

Note that while some Service Animals also perform the role of Emotional Support Animals, only a small minority of Emotional Support Animals perform the role of a Service Animal.

Furthermore, as the ADAAA limits the species of animals that may be categorized as “Service Animals” to dogs, the term “Assistance Animal” may include personal animals other than dogs, such as cats, that perform tasks similar or identical to those performed by a “Service Animal.”

Finally, “Assistance Animal” is a general category that also includes personal animals, including dogs that work, provide assistance or perform physical tasks that alleviate one or more of the identified symptoms of an individual with a psychological or psychiatric disability. Such varieties of “Assistance Animals” are commonly known as “Emotional Support Animals.”

Before an Assistance Animal is permitted in University housing, it must be determined if a) the Assistance Animal is necessary to afford an individual an equal opportunity to use and enjoy University housing and b) its presence in University housing is reasonable because of the individual’s disability. However, even if the individual with a disability establishes the necessity of an Assistance Animal and it is allowed in University housing, said animal is not permitted in other areas of the University (e.g., dining facilities, libraries, academic buildings, classrooms, and other facilities) unless that Assistance Animal has also been classified as a Service Animal.

No Assistance Animal may be kept in University housing at any time prior to the Assistance Animal’s approval and registration with Student Disability Services (SDS) as a reasonable accommodation pursuant to this policy.

Wild and other animals prohibited by §161.01 (b) of the Health Code of the City of New York may not be kept on campus as assistance animals as a matter of local law.

Service Animals

According to the ADAAA, Service Animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities, including but not limited to: guiding individuals with impaired vision, alerting individuals with impaired hearing, providing minimal rescue or protection work, pulling a wheelchair or fetching dropped items. The service that the animal is providing must be directly related to the individual’s disability. If the animal meets these requirements, the animal is considered a Service Animal under the ADA regardless of whether or not it has been licensed or certified by a state or local government.

Emotional Support Animals

The term “Emotional Support Animal” refers to a category of animals that work, provide assistance or perform physical tasks for individuals with disabilities and/or provide necessary emotional support to individuals with mental or psychiatric disabilities that alleviates one or more identified symptoms of said disability, but which are not considered Service Animals under the ADAAA.

Some Emotional Support Animals are professionally trained, but in other cases, ESAs provide the necessary support to individuals with disabilities without any formal training or certification. Dogs are commonly used as Assistance Animals, but any personal animal may serve a person with a disability as an ESA.

A Therapy Animal is distinct from an Emotional Support Animal, and this policy should not be construed as endorsing the presence of Therapy Animals on University property.

Owner

The “Owner” is the individual who has requested the accommodation and has received approval to bring an Assistance Animal onto campus.

Student Disability Services

The Office of Student Disability Services (SDS) collaborates with individuals, faculty and staff to ensure that students with disabilities have equal access to all The New School programs and activities.

Owners’ Responsibilities as Related to Assistance Animals

General Responsibilities

If the University grants the Owner’s request to live with an Assistance Animal, the Owner is solely responsible for the custody and care of the animal and must meet the following general responsibilities:

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 may include a vaccination certificate. The University reserves the right to request documentation showing that the animal has been licensed.
The Owner is required to clean up after and properly dispose of the animal’s waste in a safe and sanitary manner.
The Owner is required to ensure the animal is well cared for at all times. Any evidence of mistreatment or abuse may result in immediate removal of the animal and/or discipline for the Owner.
The New School does not require a student with a disability to pay a fee or surcharge for an approved Assistance Animal.
Students with disabilities may be charged for any damage caused by his, her, or their Assistance Animal beyond reasonable wear and tear to the same extent that the University 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 if necessary as part of the University’s standard or routine inspections. 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 the residence halls. The University shall have the right to bill the individual’s account for unmet obligations under this provision.
The Owner must fully cooperate with University personnel with regard to meeting the terms of this University and developing procedures for care of the animal (e.g., cleaning the animal, feeding/watering the animal, disposing of feces, etc.).
Assistance Animals may not be left overnight in University Housing to be cared for by any individual other than the Owner. Owners anticipating absences from their assigned residence halls of one night or longer must make arrangements to have their animals accompany them. The Owner is responsible for ensuring that the animal is contained, as appropriate, when the Owner is not present during the day while attending classes or other activities.
The Owner agrees to abide by all equally applicable residential policies that are unrelated to the individual’s disability such as assuring that the animal does not unduly interfere with the routine activities of the residence or cause difficulties for individuals who reside there.
The animal is allowed in University housing only as long as it is necessary because of the Owner’s disability. The Owner must notify SDS in writing if the Assistance Animal is no longer needed or is no longer in residence. To replace an Assistance Animal, the new animal must be necessary because of the Owner’s disability and the Owner must follow the procedures outlined herein when requesting a different animal.
No New School community member shall be required to provide care or food for any Assistance Animal including, but not limited to, removing the animal during emergency evacuation for events such as a fire alarm. Emergency personnel will determine whether to remove the animal and may not be held responsible for the care, damage to, or loss of the animal.
The Owner must provide written consent for SDS to disclose information regarding the request for and presence of the Assistance Animal to those individuals who may be impacted by the presence of the animal including, but not limited to, Office of Housing and Residential Education personnel and potential and/or actual roommate(s)/neighbor(s). Such information shall be limited to information related to the animal and shall not include information related to the individual’s disability.

Procedure for Requesting Assistance Animals in University Housing

It is generally the policy of The New School that students are prohibited from having animals of any type in University housing. However, an individual with a disability may submit a request for an Assistance Animal through the Office of Student Disability Services as a reasonable accommodation associated with said disability. Such a request may be handled through the regular accommodation process.

Removal of Assistance Animals

The University may require the Owner to remove any Assistance Animal from University housing if:

The animal poses a direct threat to the health or safety of others or causes substantial property damage to the property of others, including University Housing ;
The animal’s presence results in a fundamental alteration of a University program;
The Owner does not comply with the Owner’s Responsibilities set forth above; or
The animal or its presence creates an unmanageable disturbance or interference with the University community.

The University will base such determinations upon the consideration of the behavior of the Owner and/or the particular animal at issue and not on speculation or fear about the harm or damages an animal may cause. Any removal of the animal will be done in consultation with the directors of the offices of Student Disability Services, Housing and Residential Education and, where applicable, Student Conduct and Community Standards. Such decisions may be appealed to the Assistant Vice President for Student Equity and Access, Jennifer Francone, who oversees ADAAA and Section 504 compliance, and may be reached at:

72 Fifth Ave.

Room 402

New York, NY 10011

212-229-5900 x3656

The Owner will be afforded all rights of due process and appeal as outlined in The New School Student Handbook.

Service Animal Policy

Students with Service Animals are permitted to have their animals with them at all times In order to ensure a smoother experience for students with Service Animals, we strongly encourage all such students to notify SDS of their Service Animal’s presence on campus. This will allow us the opportunity to notify the appropriate campus safety officials and other staff members and significantly decrease the likelihood of a situation where students are questioned about their animals.

Students wishing to bring Service Animals to live with them in any of The New School’s residence halls are required to register and meet with Student Disability Services (SDS). Students should contact Nicholas Faranda, Director of Student Disability Services, at (212) 229-5626, or email him at farandan@newschool.edu. At this meeting, Student Disability Services will inquire as to whether the requested animal is a Service Animal that is required because of a disability and what work or tasks the animal is trained to perform relating to the individual’s disability. After the meeting, SDS will coordinate with the Office of Housing and Residential Education and Campus Safety personnel to ensure a smooth transition to on-campus living and learning.

Service Animals that demonstrate behavior posing a direct threat to the health or safety of others or are disruptive to The New School community may be excluded, regardless of training or certification.

Requirements of Service Animals and Their Owners

Control: Owners must be in full control of Service Animals at all times. The care and supervision of a Service Animal is solely the responsibility of its Owner.
Leash: Service Animals must be leashed at all times.
License and Tags: Service Animals must have owner identification tags as well as current licenses and tags from local authorities. Service Animals must wear current rabies vaccination tags.
Vest: We strongly encourage the Owner to have a professional “vest” on the animal during all working hours.
Health: Service Animals must be in good health. Animals to be housed in campus housing must have an annual clean bill of health from a licensed veterinarian. Service Animals must have current vaccinations and immunizations against diseases common to that type of animal.

Owner Conditions for Having a Service Animal on The New School property

Clean-up Rule: Owners must (1) always carry equipment sufficient to clean up their animals’ feces whenever the animal and Owner are on the property of The New School; and (2) be responsible for the proper disposal of their animals’ feces and for any damage caused by their waste or its removal.
Disruption: Owners of Service Animals that are unruly or disruptive (e.g., barking, running around, nipping, bringing attention to themselves) may be asked to remove their animals from University facilities. If the improper behavior happens repeatedly, the Owner may be required to take significant steps to mitigate the behavior before bringing the animal into any University facility. Mitigation may include muzzling a barking animal, obtaining refresher training for both the animal and the Owner or any other appropriate measures. Service Animals may be restricted from areas where an animal’s presence may be reasonably expected to compromise the integrity of research or instruction or the safety of campus stakeholders or the animal itself.

Owner Conditions for Having a Service Animal living in The New School housing

Owners living in The New School Housing:

Must provide Student Disability Services (SDS) with a formal emergency plan regarding the removal and care of their Service Animals should they become unable to care for their animals. This must include the name, current telephone number, physical address and email address of an emergency contact as well as a plan for removal of the Service Animal.

The New School Faculty and Staff policies regarding student/visitor Service Animals

Faculty and staff should:

Allow Service Animals to accompany their Owners at all times and everywhere on campus, except where Service Animals are specifically prohibited due to health, environmental, or safety hazards (e.g., certain research laboratories, mechanical rooms,
custodial closets, areas where protective clothing is necessary or areas where there is a danger to the animal). Please notify SDS of any concerns.
Always speak to Owners before approaching or interacting with Service Animals. Remember, Service Animals are working and are not pets.
Refrain from petting, feeding, or deliberately startling Service Animals. Resist the temptation to offer treats to Service Animals.
Immediately report any disruptive behavior of Service Animals to Campus Safety. No attempt should be made to separate Owners from their Service Animals.

Any questions regarding Service Animals or their Owners should be directed to Student Disability Services (for students) or Human Resources (for faculty/staff).

Emotional Support Animal Policy

Procedure for Requesting Emotional Support Animals in University Housing

Requests for ESAs will be handled through the regular accommodation process. The University reviews all specialized housing requests through Student Disability Services in conjunction with the Office of Housing and Residential Education.

The first step in making any request for special housing accommodations is to self-identify as a student with a disability through the submission of the University’s Disability Self-Identification Form and Request for Special Housing Accommodations Form, both of which are available on the SDS website. The Request for Special Housing

Accommodations form is to be completed in addition to, and not instead of, the Housing Application.

Upon submission of these forms, a detailed clinical summary of the student’s disability from a qualified healthcare provider, such as a psychologist, psychiatrist, psychotherapist or counselor, must be provided to the Student Disability Services office. The clinical summary should include documentation of the nature of the student’s disability (including its severity and duration), the functional limitations that may be experienced as a result of the disability and the recommendation of the use of an ESA as a necessary and appropriate accommodation associated with these limitations. Detailed guidelines for submitting documentation of a disability may be found online.

Documentation received will be treated as confidential and will not become part of the student’s permanent record. This information will be shared within the University on a need-to-know basis only and with the sole intent of providing the student with related services.

Upon receipt of the appropriate forms and documentation, the student will be contacted by the Student Disability Services office to schedule an intake meeting with the Director of Student Disability Services. During the intake meeting, the student’s request to house an ESA on campus will be discussed, and the student will be timely informed as to whether any additional information will be required to make a final determination as to the student’s request.

A committee consisting of the Director of Student Disability Services, the Director of Medical Services and the Assistant Vice President of Student Health and Support Services will make a final determination as to the approval or disapproval of any specialized housing request, including a request for an ESA.

If the request is approved, the Director of Student Disability Services will contact the appropriate Office of Housing and Residential Education professional to communicate adequate and appropriate details regarding the student’s accommodation, and an Office of Housing and Residential Education (OHRE) professional will assign the student to an appropriate residence hall or room. SDS and OHRE will identify potential roommates amenable to the presence of ESAs in their rooms or suites.

If the request is denied, the Director of Student Disability Services will contact the student directly and provide the student with the basis of the denial along with information on how to appeal the Committee’s decision.

Criteria for Determining If Presence of the Emotional Support Animal is Reasonable

A. University housing is unique in several aspects, including the mandatory assignment of roommates for many individuals and the mandate that individuals must share a room or suite in certain residence halls.

B. However, for all requests for ESAs, Student Disability Services shall nonetheless consult with Office of Housing and Residential Education in making a determination on a case-by-case basis as to whether the presence of an Emotional Support Animal is reasonable. A request for an Emotional Support Animal may be denied as unreasonable if the presence of the animal: (1) imposes an undue financial and/or administrative burden; (2) fundamentally alters University housing policies; and/or (3) 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.

C. The New School may consider the following factors, among others, as evidence in determining whether the presence of the animal is reasonable or in the making of housing assignments for individuals with Emotional Support Animals:

The size of the animal is too large for available assigned housing space;
The animal's presence would force another individual from their individually assigned housing (e.g., by aggravating serious allergies);
The animal's presence otherwise violates another individual’s right to peace and quiet enjoyment;
The animal is not housebroken or is unable to live with others in a reasonable manner;
The animal's vaccinations are not up-to-date;
The animal poses, or has posed in the past, a direct threat to the individual or others, such as aggressive or injurious behavior toward the individual or others; or
The animal causes or has caused excessive damage to housing beyond reasonable wear and tear.

The New School will not limit room assignments for individuals with Emotional Support or any other Assistance Animal to any particular building or buildings because the individual needs an Assistance Animal due to disability.

Access to University Facilities by Emotional Support Animals

A. Emotional Support Animals

An ESA must be contained within the Owner’s privately assigned individual living accommodations (e.g., room, suite, apartment) except to the extent the Owner is taking the animal out for natural relief. When an ESA is outside the private individual living accommodations, it must be in an animal carrier or controlled by a leash or harness. ESAs are not allowed in any University facilities other than University residence halls (e.g. dormitories, suites, apartments, etc.) to which the individual is assigned.

B. Dominion and Control

Notwithstanding the restrictions set forth herein, the ESA must be properly housed and restrained or otherwise under the dominion and control of the Owner at all times. No Owner shall permit the animal to go loose or run at large. If an animal is found running at large, the animal is subject to capture and confinement and immediate removal from University housing.

Should any ESA be removed from the premises for any reason, the Owner is expected to fulfil any existing housing obligations for the duration of the housing contract.

V. Non-retaliation Provision

The New School will not retaliate against any person because that individual has requested or received a reasonable accommodation in University housing, including a request for an Assistance Animal.

Student Disability and Accommodation Policies

Student Disability and Accommodation Policies