Accommodation Services

Individual with a Disability

Is a person with a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment.

Service Animal

A service animal is defined in Title II Section 35.104 under the Americans with Disabilities Act (ADA) as a dog that is trained to do work or perform tasks for the benefit of an individual with a disability including a physical, sensory, psychiatric, intellectual, or other mental disability. Service animals are allowed in public places because of the owner's need for the animal at all times.

Examples of such work or tasks include but are not limited to:

• guiding people who are blind or have low vision
• alerting deaf persons to the presence of people or sounds
• pulling a wheelchair
• alerting an individual of a seizure, change in blood sugar, or an allergen
• reminding a person with mental illness to take prescribed medications
• calming a person with PTSD during an anxiety attack
• performing other duties

See ADA.gov for more information on service animals

Assistance Animal

The revised 2010 ADA regulations specify, "The provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks." Thus, these animals are not considered service animals. However, an assistance animal does ameliorate identified symptoms of an individual's emotional or psychological disability. The assistant animal's function may be entirely passive with the sole role being its presence.

Assistance Animals are also called:

• Comfort Animals
• Companion Animals
• Emotional Support Animals
• Therapy Animals - Responsibilities include providing psychological or physiological therapy to individuals; they are often allowed visitation to rehabilitation facilities, nursing homes, and hospitals.

The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) and HUD regulations found in Section 504 (24 CFR Parts 8 and 9) govern assistance animals.

HUD: Assistant Animal Under the Fair Housing Act (pdf)

Any animal brought to the campus must be under the control of the individual bringing the animal to the campus. No animal shall present any hazards to persons or property.

An animal brought to campus must be secured and confined in a vehicle, cage, or similar restrictive conveyance or be secured to a leash, cord, chain, or similar method of direct physical control by the individual bringing the animal to the campus. If physical means of control interferes with a Service Animal’s work or if the individual’s disability prevents using physical means of control, then the individual must use voice, signal, or other effective means of control. Physical constraint of Service and Assistance Animals is not required within an individual with disability’s personal residence in campus housing unless the resident is not present in the room.

Animals brought to campus must have current licenses and vaccinations in accordance with applicable laws.

Any person who brings an animal to the campus is responsible for the animal’s behavior.

Where inadequate ventilation or harmful temperature exists to an animal confined in a vehicle, the College may take reasonable efforts to remove the animal where there appears to be a substantial risk of danger to the animal. Any associated repairs or damages to the vehicle is the responsibility of the person who placed the animal in the vehicle.

Where the safety of others, destruction of property, or disturbance is caused by an animal, the College has the right to remove the animal. All costs associated with removal of any animal and any related costs for cleaning, repairs, and/or pest control will be the responsibility of the person who brought the animal to the campus.

Trees or other fixtures may not be used to secure animals. Animals may not be left unattended. However, Service and Assistance Animals may be left unattended within an individual with disability’s on-campus residence provided the animal is appropriately contained during the individual with disability’s absence.

Animals other than Service Animals and Assistance Animals are generally not permitted to be in buildings on campus. Service and assistance animals are permitted to be in buildings in accordance with the procedures provided below.

Animal feces, any solid animal waste, and/or bedding material (collectively, “Animal Waste”) must be disposed of properly. It is the responsibility of the individual who brought the animal to the campus to remove Animal Waste from all locations at the College, including Campus Housing and adjacent landscaping, dispose of it in a plastic bag, and then place that bag in the garbage dumpsters which are at various locations at the College. Cleanup must occur IMMEDIATELY. Animal Waste may not be disposed of in a trash receptacle or through the sewer system inside any building at the College. Animal Waste that is in Campus Housing or adjacent landscaped areas MUST be taken to an apartment or residence hall dumpster for disposal.

Service Animals are allowed to be present in buildings on campus which are open to the public. Service Animals in public areas may be denied access if:

• The Service Animal is out of control and the individual with a disability does not take effective action to control it;
• The Service Animal is not housebroken; or
• The Service Animal poses a direct threat to the health or safety of others that cannot be eliminated or reduced to an acceptable level by a reasonable modification to other policies, practices and procedures.

Although employees and students are not required to submit an accommodation request to bring a Service Animal into buildings on campus which are not Campus Housing buildings, such individuals are encouraged to seek advice on services provided to individuals with disabilities by contacting the Director of Residence Life and Accommodations in the Scharbauer Student Center office 135.

A Service Animal may be allowed to assist a person with a disability who resides in housing provided by Midland College (“Campus Housing”). To facilitate the presence of Service Animals in Campus Housing and to manage potential health and safety risks by animals in such areas, the following procedures shall be followed:

1. The individual requesting a Service Animal accommodation in Campus Housing will need to contact the Director of Residence Life and Accommodations in the Scharbauer Student Center office 135.
2. The requesting individual should submit properly completed documents to the Director of Residence Life and Accommodations for review not later than 30 business days (as defined by College policy) prior to the desired move-in date.
3. The Director of Residence Life and Accommodations will notify the Residence Life staff when Service Animals will be present in Campus Housing.
4. The Director of Residence Life and Accommodations will send the requesting individual written notification for both approved and denied requests.
5. A denied request may be appealed by contacting the 504 Coordinator located in the Scharbauer Student Center.

Midland College may exclude a service animal from campus if its behavior poses a direct threat to the health or safety of others or when its presence fundamentally alters the nature of a program or activity.

The service animal is considered an extension of the student and thus, is subject to the same code of conduct as a student would follow. Disruptive behavior by a service animal will be grounds for removal from an academic setting in the same manner that a disruptive student will be removed from the same environment.

Midland College is not responsible for the care or supervision of a service animal. Individuals with disabilities are responsible for the control of their service animals at all times.

HUD regulations allow individuals with disabilities a broader range of assistance animals in campus housing as compared with the campus as a whole. An individual may keep an assistance animal as an accommodation in campus housing if all of the following apply:

1. The individual has a disability
2. The animal is necessary to afford the individual an equal opportunity to use and enjoy a dwelling
3. There is an identifiable relationship between the disability and the emotional support the animal provides. Assistance Animals are NOT allowed in any other campus buildings.

An Assistance Animal may be allowed to assist a person with a disability who resides in Campus Housing. To facilitate the presence of Assistance Animals in Campus Housing and to manage potential health and safety risks by animals in such areas, the following procedures shall be followed:

1. The individual requesting an Assistance Animal accommodation in Campus Housing will need to contact the Director of Residence Life and Accommodations in the Scharbauer Student Center office 135.
2. The requesting individual should submit properly completed documents to the Director of Residence Life and Accommodations for review not later than 30 business days (as defined by College policy) prior to the desired move-in date.
3. Documentation criteria for Assistance Animal in Campus Housing.
4. The Director of Residence Life and Accommodations will notify the Residence Life staff when an Assistance Animal will be present in Campus Housing.
5. The Director of Residence Life and Accommodations will send the requesting individual written notification for both approved and denied requests.
6. A denied request may be appealed by contacting the 504 coordinator in the Scharbauer Student Center.
   
   Where (1) a requestor’s disability is not readily apparent or known by the College or (2) the requestor’s disability is readily apparent or known but the disability related need for an Assistance Animal is not documentation of a significant mental health disability and the associated known need for an Assistance Animal must be provided by a licensed clinical healthcare provider who has an established provider-patient relationship with the requestor, knows and understands the difficulties to be mitigated by the Assistance Animal, and can explain how the presence of the animal may help to alleviate the requestor’s symptomology.

Access by Assistance Animals in Campus Housing may be denied for one or more of the following reasons:

• The presence of the Assistance Animal would pose a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation; or
• The presence of the Assistance Animal would cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation.

For the health and safety of residence, campus housing recognizes an assistance animal as a dog, cat, small bird, rabbit, hamster, gerbil, other rodent, fish, turtle, or other small, domesticated animal that is traditionally kept in the home as a pet. In general, reptiles, other than turtles, barnyard animals and exotic animals are not considered household pets. If the individual is requesting to keep a unique type of animal that is not commonly kept in households as described above, then the requester has the substantial burden of demonstrating a disability related, therapeutic need for the specific type of animal. The individual is encouraged to submit documentation from a healthcare professional confirming the need for this unique type of animal.

After an initial accommodation is extended, an Assistance Animal which constitutes a direct threat to the health or safety of staff, residents, or property, as determined by the Director of Residence Life and Accommodations or his/her designees must be removed within seven (7) days of written notification. IF MCPD determines that the animal poses an immediate threat, animal control may be summoned to remove the animal. Disciplinary appeal committee procedures are outlined in the Catalog and Student Handbook under Student Rights and Responsibilities.

Exceptions

Midland College may exclude an assistance animal from campus housing if the animal: is not housebroken; would cause substantial physical damage to the property of others or College facilities; would pose a direct threat to the health or safety of others; would fundamentally alter the nature of a program or activity; or is not being cared for by the individual. Students will be liable for damage caused by assistance animals in the same manner they are responsible for personal damages to any Midland College property.

Responsibilities of Individuals with Assistance Animals

Midland College is not responsible for the care or supervision of an assistance animal. Individuals with disabilities are responsible for the control of their emotional support animals at all times and for ensuring the immediate clean-up and proper disposal of all animal waste. Individuals must comply with all applicable laws and regulations, including vaccination, animal health and leash laws, as well as Midland College's rules in lease provisions regarding vaccination, leash control, cleanup rules, animal health, and community relationships.

Health, sanitary, safety, and non-disruptive standards must be maintained as follows:

• Animals require daily food and attention, as well as a daily assessment of their general health, behavior and overall welfare.
• Animals cannot be left unattended overnight at any time. If the resident must be away, they must either take the animal with them, or make arrangements for them to be cared for elsewhere.
• The resident is responsible for instructing others on the appropriate interactions with the animal and setting clear expectations.
• Animal accidents within the residence hall room or apartment must be promptly cleaned up using appropriate cleaning products.
• Regular and routine cleaning of floors, kennels, and cages must occur. The odor of an animal emanating from the residence hall room or apartment is not acceptable. (see Cleaning and Damages section below)
• Any flea or pest infestation must be attended to promptly by a professional extermination company at the resident’s expense. Residents are expected to promptly notify Student Housing and arrange for extermination when a flea or pest problem is noted. Residents may take some precautionary measures such as: flea and pest medications prescribed by veterinarians, flea and tick collars, taking the animal to the veterinarian for flea and tick baths. Because not all of the precautions listed here can prevent flea and tick infestations, the resident is responsible for extermination costs for flea/tick infestations after vacating the apartment or residence hall room.
• All care, food, and emergency response for the animal must be provided by the resident or the designated Alternate Caregiver
• Animals must not be allowed to disrupt others (e.g., barking continuously, growling, yowling, howling, etc.)
• The resident will take all reasonable actions to prevent its animal from injuring College staff and other residents, as well as the property of the College and of the other residents; including kenneling/restraining the animal while the resident is absent.
• The resident will notify the Director of Residence Life and Accommodations in writing if the service/assistance animal is no longer needed as an accommodation, or if the animal has escaped its confines and is unable to be located within twelve (12) hours.
• File a new request if the owner wishes to bring in a new/different service/assistance animal in substitution of the previous animal.

Violations concerning any of the above standards may result in the resident having to find alternative housing off-campus for the animal, and, as warranted, may also result in a resident being in breach of their housing contract. If an animal is excluded from Campus Housing, the resident may continue to reside in Campus Housing without having the Service Animal or the Assistance Animal on the premises provided that the resident is otherwise in compliance with applicable rules governing a resident’s duties and responsibilities.

Cleaning and Damages

• When the resident moves out of his/her apartment or residence hall room, or no longer owns the animal, the apartment or residence hall room will be assessed to determine if damage to department property can be attributed to the animal. Student Housing and Student Life maintains the right to conduct apartment or residence hall room inspections for the purpose of assessing damage caused by the animal or otherwise determine the resident’s compliance with this procedure.
• The resident has an obligation to make sure that the apartment or residence hall room is as clean as the original condition prior to the presence of the animal, reasonable wear and tear excepted.
• If the apartment or room has carpeting, this also includes regular vacuuming and spot cleaning. Damages and extraordinary cleaning caused by the animal, reasonable wear and tear excepted, are the responsibility of the resident.
• Replacement or repair of damaged items will be the financial responsibility of the resident.

Individuals who have allergic reactions to animals that are substantial enough to qualify as a disability need to follow procedures to document a medical/physical disability and request specific accommodations related to such disability related needs through the Director of Residence Life and Accommodations in the Scharbauer Student Center room 135, or via phone at (432) 685-6467. Midland College will consider the needs of impacted disabled individuals and will make reasonable efforts to accommodate the needs of impacted disabled individuals.

• Animal Request Form for Campus Housing