Animals on Campus (from WLU Student Handbook, Student Life Policies)

1. Definitions and Terms related to Animal Policies.
   1. Service Animal: Service animals are defined as dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include, but is not limited to, guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties.
   2. Domestic Animal: A Domestic Animal is a dog, cat, or other socialized or domesticated animal that normally and customarily shares human habitat and are normally dependent on humans for food and shelter. This does not include feral or wild animals.
   3. Emotional Support Animal: An Emotional Support Animal (ESA) is an animal that in certain circumstances, in accordance with the Fair Housing Act, is necessary to afford the person with a disability an equal opportunity to use and enjoy University housing. An ESA may provide physical and/or emotional support but is not required to perform work or tasks that would qualify them as Service Animals under ADA laws.  ESA policies apply to campus housing only.
   4. Feral and/or Wild Animals: Feral or Wild Animals are animals that are not socialized or domesticated.
   5. Member of the University Community: A member of the University Community is an individual engaged in any University activity or program whether on or off campus, including students, employees, vendors, contractors, volunteers, and guests.
   6. Person with Disability: A Person with Disability is defined as 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 impairment.
   7. Employee: An Employee is defined as any person serving as full time or part time faculty or staff for the University.
   8. Student: A Student is defined as any person enrolled in one or more classes at the University.
2. Policy for All Animals on Campus
   1. Animals are not permitted inside university owned or operated buildings or on outdoor University property unless done so within accordance with this policy.
   2. Be secured by leash, chain, carrier, or similar direct physical control of a maximum length of six feet, always restrained by a person.
   3. Be under the complete control of the owner at all times and present no hazard to people or property.
      1. Exception may be made for registered Service Animals if such restraint interferes with their ability to perform their work as a Service Animal. In this circumstance, the animal must be controlled through verbal or non-verbal signal effectively and remain within six feet of the person controlling the Service Animal.
      2. Exception is made for approved Emotional Support Animals within the residential living space while the owner is present.
      3. Animals cannot be tethered to inanimate objects on campus and left unattended by owner.
   4. Any animal on campus must be up to date on current rabies vaccinations and other appropriate vaccinations and shots recommended by a veterinarian to ensure safety of other animals and the campus community.
   5. The owner of any animal is responsible for the animal’s behavior, including but not limited to any damage, person, or property, caused by the animal.
   6. The owner of any animal is responsible for the removal of, and disposal of waste generated by the animal in an appropriate outdoor receptacle. This includes disposing of waste in outdoor locations, and those approved Emotional Support Animals with waste locations inside residential locations.
   7. The owner of the animal is financially responsible, including forfeiting the housing damage deposit, for any cleaning, repairs, and/or pest control that is required because of the animal’s presence on campus.
   8. Exceptions to policy may be made for animals involved in authorized research of West Liberty University, law enforcement animals, or other approved University sponsored events.
   9. Violations of this policy will be forwarded through the Student Conduct Office for students or Human Resources for employees
3. Accommodations Policy
   1. 1. West Liberty University is committed to compliance with state and federal laws regarding individuals with disabilities. Members of the University community who seek reasonable academic accommodation for disabilities should contact the Learning & Student Development Center in Main Hall.  A review of requests will be completed, and a written decision letter will be emailed to the student prior to the animal’s arrival on campus.
      2. Students requesting to have service or emotional support animals in the residence halls will also need to communicate with the Housing & Residence Life Office to provide proper housing accommodations. A review of requests will be completed, and a written decision letter will be emailed to the student prior to the animal’s arrival on campus.
      3. The following information includes various laws governing service or emotional support animals, including definitions of service and emotional support animals.
         1. Title II of the ADA applies to state and local governmental entities, including all public colleges/universities and states that public entities must modify policies, practices or procedures to permit the use of a service animal by an individual with a disability. Under Title II, a service animal is defined as any dog that is individually trained to do work or perform tasks (directly related to the disability) for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.  Under Title II, the Department of Justice explicitly states that animals other than dogs are not defined as service animals, except for special provisions permitting miniature horses).  Additionally, animals that serve solely as crime deterrents or provide emotional support, comfort or companionship are not considered service animals under the DOJ’s definition in Title II.
         2. Title III of the ADA applies to business and nonprofit entities that are “public accommodations” such as public and private colleges/universities and states that individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a place or public accommodation. As in Title II, the definition of service animal is restricted and does not include animals other than dogs, animals that are not effectively controlled or housebroken, or animals that are emotional support animals.
         3. Section 504 of the Rehabilitation Act applies to any institution receiving federal financial 4, which includes nearly all public and private colleges and universities and states that a college/university may not impose upon a disabled student any policy that has the effect of limiting the participation of the disabled students in the University’s educational program or activity. The Department of Education’s Office for Civil Rights has adopted the definition of service animal provided by Title II and Title III for their interpretation of Section 504 of the Rehabilitation Act.
         4. The Fair Housing Act applies to residential “dwellings”, including “any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families.” §42 U.S.C. 3602(b) and states that it is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such a dwelling because of a disability of that person. To date, there has not been affirmation by the court system as to whether the FHA applies to residential dormitories as there is legal debate whether “family” includes a single individual according to the legal definition.  The FHA applies only to residential dwellings and not to academic, administrative, and common areas on campus.
      4. After reviewing the aforementioned laws, West Liberty University has developed the following Service and/or Emotional support animal policy:
         1. With respect to a request for a service or emotional support animal, WLU will determine, on a case-by-case basis, and in accordance with applicable laws and regulations, whether such animal is a reasonable accommodation on campus. In doing so, WLU must balance the needs of the individual with the impact of the animal on other campus community members.
         2. Where it is not clear that an animal is a service animal as defined by the ADA, WLU may require sufficient information and documentation to determine whether the animal qualifies as a service or emotional support animal under the disability’s legislation. West Liberty University may require any or all the following:
         3. Documentation from a treating licensed physician or mental health provider, who is currently treating and/or has a history of treating the student for the diagnosis requiring an emotional support animal, showing that the service or emotional support animal is required for the student to be successful in completing their degree requirements, including how the animal assists the student. Confirmation with the provider may be part of the approval process in order to confirm the accommodation requirements.  The following criteria must be met to verify the accommodation:
            1. The sole purpose for contacting the provider is not for an ESA letter.
            2. The student has had multiple interactions/appointments with the provider.
            3. The provider has personal knowledge of the disability and need for the emotional support animal.
            4. The provider has provided medical or mental health services for the student.
         4. Documentation detailing or verifying the appropriate training of the service or emotional support animal.
         5. Documentation from a veterinarian that the animal is up to date on vaccinations and all veterinary care.
         6. Students with service or emotional support animals may be required to complete additional documentation to share with Residence Life Staff, Physical Plant, and WLU Police in regard to proper treatment and interaction with the service or emotional support animal.
         7. Students requesting an accommodation for a service or emotional support animal in the residential facilities will be required to complete the following procedures and paperwork prior to bringing the animal to campus:
            1. Print the Accommodations Request Form to be completed by the treating licensed physician/clinician.
            2. Review the Animal Policy and complete the Acknowledgement of Animal Policy form.
            3. Print the Veterinarian Information Form to be completed by the student and veterinarian.
            4. Requests for additional information must be completed if required.
            5. Receive notification of approval letter via email from the Office of Housing & Residence Life.
      5. Service Animals
         1. Service Animals are permitted within buildings on property owned or controlled by the University. Service Animals are permitted to access all areas of campus that their owners would otherwise be permitted access.
         2. Owners of Service Animals should take special caution and must evaluate the potential risks when bringing a Service Animal into hazardous or high-risk areas on campus, including but not limited to high traffic areas, athletic contests, student performances, student activities, classes, laboratories, etc.
      6. Emotional Support Animals
         1. Emotional Support Animals are approved emotional support animals that do not meet the requirements stated by Title II and Title III of ADA legislation, but which might meet the requirements under the Fair Housing Act.
         2. Emotional support animals will be permitted only in the student’s dwelling (their specific room or apartment). Emotional support animals will not be permitted in academic buildings, dining facilities, administrative buildings, in other residents’ rooms, or in common areas of the residence halls.
         3. Emotional support animals must be transported by leash or in a secure carrier when outside of the “dwelling” to ensure the safety of others.
         4. Emotional support animals must be kept in a cage or carrier in the room when the student is not present in the room.
         5. Animals should have basic training to be in carriers when the resident is not in the room, to avoid being disruptive to the living community. Animals should also be trained for proper bathroom habits to avoid sanitation concerns that could be damaging to the facility or disruptive to the community.
4. Removal of Animals from Campus
   1. The University retains the right to remove any animal, including service or emotional support animals, from university premises if the safety of others, destruction of property, disturbance, or violation of policy warrants such removal. Any cost affiliated with removal of an animal from campus will be the responsibility of the owner.
   2. The University retains the right to remove any animal that is appears to be in danger or threat due to negligence or inappropriate action of the owner. This includes, but is not limited to, unhealthy living conditions, animals left exposed to the elements in a vehicle or outside, etc.  The owner will be financially responsible for any expense for removal of the animal from an unsafe circumstance.
   3. If an animal presents an immediate threat to persons or property, immediately contact West Liberty University Police at (304)336-8021.

2. Feral and Wild Animals
   1. Feral or wild animals that are not a risk and do not pose a hazard to the campus community, damage to the campus or personal property, create a nuisance, or pose a potential threat to the health or safety of any member of the campus community will be allowed to inhabit the campus grounds.
   2. Feral or wild animals that pose any of the aforementioned risks may be removed and/or relocated in accordance with all applicable laws and regulations.
   3. No person may do anything to attract feral or wild animals to campus, including but not limited to feeding, watering, building shelters or providing medication.