Vanderbilt University complies with the Americans with Disabilities Act as amended (ADA) in allowing use of service animals for students. Vanderbilt University also complies with the Fair Housing Act in allowing students the use of emotional support animals that are approved as a reasonable accommodation. This policy applies only to a) service animals and b) approved emotional support animals that are documented with Student Access and Housing and Residential Experience. Emotional support animals are not permitted in University residences prior to approval from Student Access and completion of all other required steps, as outlined below.
Definitions
Service animal: A service animal is a dog or miniature horse that is individually 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. The work or tasks performed by a service animal must be directly related to the individual's disability. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purposes of this definition. Other species of animals are not considered service animals for the purposes of this definition.
Emotional support animal: An emotional support animal is any animal that provides emotional support, well-being, or companionship that alleviates or mitigates symptoms of an individual’s disability. The animal does not need to have special training to perform tasks that assist people with disabilities. Emotional support animals are not limited to dogs or miniature horses and can be other species of animal. Emotional support animals are not considered service animals.
Pet: A pet is an animal kept for ordinary use and companionship. A pet is not considered a service animal or an emotional support animal. Students are not permitted to keep or bring pets onto University property, with the exception that pets are permitted on University property in outdoor areas that are open to the public. Pets in public outdoor University property must be controlled by a leash, harness, or other tether and the presence and behavior of the pet must be in compliance with applicable state and local laws, regulations, and ordinances.
Handler: A person with a service or emotional support animal. A handler may also be a third party, accompanying the person with a disability, who is in control of a service animal.
Qualifying to Have a Service or Emotional Support Animal On Campus
Service animals are permitted on campus and in University residences when:
- The service animal is required to do work or perform tasks for a person with a disability as defined by the ADA; and
- The accompanying service animal is trained to do a specific task for the person with a disability.
- If the Handler is living on campus, the Handler must provide to Housing and Residential Experience the animal’s current vaccination records, a current photo, and registration records in Davidson County, TN as required by state and local law.
It is not necessary that the animal be certified or licensed as a service animal. Generally, no request to bring a service animal on campus is required; however, a service animal may be prohibited in certain locations due to health and safety restrictions or potential danger to the animal. Restricted areas may include, but are not limited to, food preparation areas, research laboratories, boiler rooms, and other areas prohibited by law. No registration of the animal is required beyond notice to Housing and Residential Experience, and no documentation supporting the need for a service animal is required (although the University will accept and consider documentation voluntarily provided by the student). When the need for a service animal is not readily apparent, University staff may make the following two inquiries of the student:
- Is the animal a service animal required because of a disability?
- What work or task has the animal been trained to perform?
Emotional Support animals are permitted in University residences when:
- The Handler has a disability as defined by the ADA; The Handler provides Student Access with reliable documentation of their disability and their disability-related need for the animal (NOTE: Generally, documentation from mental health care professionals who have had only limited encounters with the student specifically intended to produce an emotional support animal letter is not considered reliable as the professional-client relationship will often lack diagnostic rigor and the level of familiarity with the functional limitations arising from the diagnosis to support robust recommendations.);
- Once the animal has been approved by Student Access as an emotional support animal, Student Access will notify the Handler and Housing and Residential Experience of the approval. A representative from Housing and Residential Experience will contact the Handler to obtain necessary documentation, including, but not limited to, current vaccination records, a current photo, and registration records in Davidson County, TN.
Responsibilities of Handler
For service animals on campus and in University residences, the Handler is responsible for:
- attending to and being in full control of the service animal at all times. A service animal must have a harness, leash, or other tether unless: a) the Handler is unable to use a harness, leash or tether; or b) using a harness, leash, or tether will interfere with the animal’s ability to safely and effectively perform its duties.
- the costs of care necessary for a service animal’s well-being. The arrangements and responsibilities for the care of a Service animal are the sole responsibility of the Handler, including regular bathing and grooming, as needed.
- independently removing or arranging for the removal of the service animal’s waste.
- complying with local and state licensing laws for animal rights and Handler responsibilities. Service animals must be current with immunizations and wear a rabies vaccination tag.
- not leaving the service animal unattended for an unreasonable length of time. Service animals must leave campus with the Handler if the Handler leaves overnight and during all University breaks, if the Handler leaves campus.
- any costs resulting from the actions of the service animal, including but not limited to, bodily injury and property damage. Bodily injury includes physical damage or injury to a person’s body and illness, even if minor or temporary. Property damage includes damage to University property (e.g., furniture, carpeting, windows, wall coverings) and damage to the personal property of others. The Handler must pay for all costs relating to property damage at the time of repair or replacement and/or move-out, as determined by Housing and Residential Experience.
the cost of any cleaning above and beyond a standard cleaning, as determined by Housing and Residential Experience. The Handler is responsible for covering all costs of any necessary fumigation or treatment method used by the University pest control service to remove fleas, ticks, or other unwanted pests present as a result of the service animal.
For emotional support animals in University residences, the Handler is responsible for:
- keeping the animal within their residence hall room. Emotional support animals are not permitted in University buildings, other than the Handler’s residence hall unless approved as a separate accommodation by Student Access. Emotional support animals are only permitted on campus where other animals are allowed.
- not leaving the emotional support animal unattended for an unreasonable length of time. Animals must leave campus with the Handler if the Handler leaves overnight and during all University breaks, if the Handler leaves campus. The emotional support animal must be in an appropriate container such as, but not limited to, a crate, pen, aquarium/terrarium, or similar proper enclosure if the Handler is not in the room with the animal. Emotional support animals are not allowed to roam the room freely when the Handler is not present.
- monitoring noise levels and minimizing negative impact to other residents from emotional support animal's presence.
- attending to and being in full control of the emotional support animal when transporting the animal for elimination. The emotional support animal must have a harness, leash, tether, or be transported in an appropriate enclosure whenever it is outside of the residence hall room where it is housed.
- the costs and care necessary for the emotional support animal’s well-being. The arrangements and responsibilities for the care of an Emotional support animal are the sole responsibility of the Handler, including regular bathing and grooming, as needed.
- independently removing or arranging for the removal of the emotional support animal’s waste.
- complying with local and state licensing laws for animal rights and Handler responsibilities. Emotional support animals must be current with immunizations and wear a rabies vaccination tag if appropriate.
- any costs resulting from the actions of the emotional support animal, including but not limited to, bodily injury and property damage. Bodily injury includes physical damage or injury to a person’s body and illness, even if minor or temporary. Property damage includes damage to University property (e.g., furniture, carpeting, windows, wall coverings) and damage to the personal property of others. The Handler must pay for all costs relating to property damage at the time of repair or replacement and/or move-out, as determined by Housing and Residential Experience.
- the cost of any cleaning above and beyond a standard cleaning, as determined by Housing and Residential Experience. The Handler is responsible for covering all costs of any necessary fumigation or treatment method used by the University pest control service to remove fleas, ticks, or other unwanted pests present as a result of the emotional support animal.
- notifying Student Access and Housing and Residential Experience if the emotional support animal is no longer needed or is no longer being housed in the residence hall.
Misconduct by Service Animals, Emotional Support Animals, or Handlers
Handlers of service animals or emotional support animals that engage in actions that pose a risk to the safety of person or property will receive an interim restriction barring the animal from being on campus by Student Accountability, Community Standards, & Academic Integrity (Student Accountability) as a designee of the Associate Dean for Community Standards & Student Support. Acts that pose a risk to safety of person or property include, but are not limited to, injuring an individual, injuring another animal, or destruction or significant damage of University or other property, the threat of which cannot be eliminated or reduced to an acceptable level by a reasonable modification to other policies, practices, and procedures.
Handlers of service animals or emotional support animals that disrupt campus operations, violate University policies, or significantly infringe on the rights of other members of the University community (Disruptive Behavior) may receive an interim restriction barring the animal from campus if the Disruptive Behavior is not rectified within two weeks of notice by Student Accountability. Similarly, Handlers of service animals or emotional Support animals may receive an interim restriction when two or more different Disruptive Behaviors occur resulting in multiple notices from Student Accountability. In evaluating the Disruptive Behaviors, Student Accountability will consider if the Disruptive Behavior can be eliminated or reduced to an acceptable level by a reasonable modification to other policies, practices, and procedures. Acts considered to be Disruptive Behavior include, but are not limited to, an animal that is not housebroken (if applicable), is out of control and its Handler does not take effective action to control it, causes minor damage to university or other property, jumps on other people, or engages in excessive and/or uncontrolled noises. Examples of excessive and/or uncontrolled noises are frequent loud noises, multiple occurrences of sustained noises for more than two minutes, or noises that occur during residence hall quiet hours.
In determining if an interim restriction will be issued, Student Accountability may consult with Student Access and other appropriate campus partners. Student Accountability will make an individualized case-by-case determination in each situation in consideration of the behavior of the particular animal and Handler. Interim restrictions may be reviewed in accordance with University policy.
If an interim restriction involving an animal's behavior is upheld or not challenged in review, the animal is considered a pet and must be permanently removed as outlined below in the Unapproved Animal section. The Handler will need to restart the accommodation process.
If an interim restriction involves a Handler’s alleged violation of University policy, the Handler will be referred to Student Accountability. If the Handler is found responsible for a violation of policy, the animal may be deemed a pet as part of the Handler’s sanctions and must be permanently removed as outlined in the Unapproved Animal section. Any finding of misconduct by a Handler is subject to review by the Appellate Board in accordance with the University’s accountability procedures.
Unapproved Animal
An Unapproved Animal is considered a pet. A pet may not enter any University building. A pet residing in the residential facilities, including service or emotional support animals with rescinded approval, must be removed within 24 hours. A pet found to pose a risk to the safety of a person or property may be required to be removed from campus immediately, including public areas.
Service Animals in Training
Tennessee state law (Tenn. Code Ann. § 62-7-112) provides that persons accompanied by a dog guide in training may not be refused entrance to a place of public accommodation because the dog guide trainer is being led or accompanied by a dog guide in training, provided:
- the dog guide in training, when led or accompanied by a dog guide trainer, is wearing a harness and is held on a leash by the dog guide trainer or, when led or accompanied by a dog guide trainer, is held on a leash by the dog guide trainer; and
- the dog guide trainer has first presented for inspection credentials issued by an accredited school for training dog guides.
The owner/employee of the public accommodation may ask what task the dog in training is being trained to perform, and if the trainer is currently engaged in the training of the dog guide.
The University may request that a guide dog trainer to remove the guide dog if:
- the dog guide or dog guide in training is out of control and its handler does not take effective action to control it; or
- the dog guide or dog guide in training is not housebroken.
Consistent with Tennessee law, service animals in training are welcome in public areas of campus if accompanied by a dog guide trainer. Service animals in training cannot be in residence halls or other private areas of campus, unless they are being trained by their Handler to serve as the Handler’s own service animal.
Under Tennessee law, it is a criminal offense to engage in misrepresentation of a service animal or emotional support animal, such as providing documentation that falsely states an animal is a service animal or emotional support animal (Tenn. Code Ann. § 39-16-304).
For more information on service animals and emotional support animals, please contact Student Access at 615-343-9727 or studentaccess@vanderbilt.edu.