This policy ensures compliance with the Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq. and Section 504 of the Rehabilitation Act (1973), as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability in a university program, service, activity or dwelling.
An emotional support animal is defined as an animal that alleviates one or more identified symptoms or effects of a person’s disability. An emotional support animal is recognized as a reasonable accommodation for a person with a disability under the federal Fair Housing Act (FHA, 42 U.S.C. § 3601 et seq.) and may be a reasonable accommodation under Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794.
An emotional support animal, also referred to as an “assistance” animal, is not a pet according to the U.S. Department of Housing and Urban Development (HUD); however, no special training is required for an animal to be considered an emotional support animal.
This policy applies to students, employees, visitors, or guests of the UW–Madison requesting an emotional support animal on campus. This policy does not impose any limitations on “service animals” as defined by the federal regulations implementing the Americans with Disabilities Act (28 C.F.R. § 35.104), the Wisconsin Open Housing Law (Wis. Stat. § 106.50), or the Wisconsin Public Accommodations Law (Wis. Stat. § 106.52), or on “service animals in training” protected under Wis. Stat. § 106.52. For information about the rights of individuals who utilize service animals or service animals in training, see the Service Animals policy.
UW–Madison recognizes the category of “assistance animals” under the Fair Housing Act (FHA, 42 U.S.C. § 3601 et seq.) and permitted in a university dwelling; and emotional support animals as a specific disability-related accommodation under Section 504 of the Rehabilitation Act (1973), as amended (29 U.S.C. § 794), and permitted in campus locations other than a university dwelling. Assistance animals and emotional support animals (henceforth referred to collectively as emotional support animals) alleviate one or more identified symptoms or effects of a person’s disability, enabling the person to live more successfully in a university dwelling or participate in a university program, service, or activity as required by law.
The approval for an emotional support animal, either in a university dwelling or as an academic or employment accommodation, including an assessment of the particular animal requested as an emotional support animal, is determined on a case-by-case basis through an interactive process involving the individual requesting the accommodation and the relevant campus authority. Unless expressly authorized by the appropriate campus authority, an emotional support animal is not permitted in any university buildings or outdoor spaces except as permitted under Wisconsin Administrative Code (UWS) § 18.08, Personal Conduct Prohibitions. The interactive process ensures the animal specifically requested as an emotional support animal:
The owner of the emotional support animal is responsible for any damage to property (university property or property of other individuals) or personal injury caused by the emotional support animal.
The owner of the emotional support animal is responsible for providing assurance of vaccines or a certification from a veterinarian that the animal is in good health.
The university reserves the right to assess the impact of an emotional support animal on other campus residents, patrons, or programs. The approval for an emotional support animal may be revoked if the condition of the campus environment changes such that the presence of an emotional support animal fundamentally alters or creates an undue burden to the program, activity, or service.
UW–Madison will accept and consider a request for an emotional support animal at any time, however; an individual making a request for an emotional support animal for a university dwelling should complete the process with the appropriate campus resource as soon as possible prior to moving into a university dwelling. UW–Madison cannot guarantee it will be able to meet the emotional support animal request during the first semester of the term of occupancy for emotional support animal requests made fewer than 60 days before the individual intends to move into a university dwelling.
If the need for an emotional support animal arises when the individual already resides in a university dwelling, UW–Madison will work with the individual but cannot guarantee that the emotional support animal request can be met during the semester in which the request is received.
An emotional support animal may be brought into a university dwelling after the completion of the interactive process recommending the emotional support animal as a reasonable accommodation, and the completion of contractual steps with the applicable university dwelling. As part of the emotional support animal approval process, a housing representative will liaise with the appropriate campus authority (i.e., McBurney Disability Resource Center, Employee Disability Resources Office/DDR, or the ADA coordinator in the Office of Compliance). The campus authority will provide the housing representative with the following information:
An emotional support animal is the sole responsibility of the owner who agrees that the animal will be well cared for at all times. Under this agreement, an emotional support animal may not be left alone or in the care of others overnight in a university dwelling.
An emotional support animal must be under the control of the owner at all times and must be properly contained or restrained when the owner is not present during the day.
An emotional support animal is only allowed in a university dwelling for as long as the owner has a disability-related need for the animal. Owners are required to notify the university if the animal is no longer necessary or no longer in residence.
An individual making a request for an emotional support animal as a reasonable accommodation under Section 504 of the Rehabilitation Act should follow the accommodation request process through the appropriate campus authority. Students and prospective students work with the McBurney Disability Resource Center. Employees work with their DDR who will consult with the Employee Disability Resources Office.
An emotional support animal may be brought into an academic or employment setting only after the completion of the interactive process recommending the emotional support animal as a reasonable accommodation with the appropriate campus authority (i.e., McBurney Disability Resource Center, Employee Disability Resources Office/DDR, or the ADA coordinator in the Office of Compliance). The campus authority will determine:
An emotional support animal is the sole responsibility of the owner who agrees that the animal will be well cared for at all times. Under this agreement, an emotional support animal may not be left alone or in the care of others in the employment or academic setting.
An emotional support animal must be under the control of the owner at all times and must be properly contained or restrained when the owner is temporarily not present in the employment or academic setting.
An emotional support animal is only allowed as an employment or academic accommodation for as long as the owner has a disability-related need for the animal. Owners are required to notify the appropriate university representative if the animal is no longer needed.
The owner of an emotional support animal may be asked to remove the animal from a UW–Madison facility, program, or dwelling if the animal’s behavior or presence is unduly disruptive or poses a direct threat to the health or safety of others (e.g., displays vicious or aggressive behavior towards people or other animals) or causes substantial damage to the property of other individuals or the university.
An emotional support animal may also be excluded in areas where the presence of an emotional support animal fundamentally alters the nature of a program or activity. Examples may include, but are not limited to, research labs, areas requiring protective clothing, food preparation areas or other sterile environments, and primate labs or other research facilities where animals are present.
Many exotic, wild, and agricultural animals are likely inappropriate as emotional support animals. Nothing in this policy overrides federal, state, or local law restricting the possession of such animals.
Noncompliance with the Fair Housing Act may result in monetary damages and additional fines. Noncompliance with Section 504 of the Rehabilitation Act (1973), as amended (29 U.S.C. § 794) may result in loss of federal funding as determined by the U.S. Department of Education’s Office for Civil Rights.
The following entities have responsibility for ensuring compliance with the Fair Housing Act as it pertains to individuals with disabilities and Section 504 of the Rehabilitation Act:
Appeal Rights: Any person dissatisfied with a decision concerning an emotional support animal can contact the UW–Madison ADA coordinator regarding appeal procedures.
UW–Madison requires individuals utilizing an emotional support animal on campus to adhere to the following City of Madison ordinances:
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