Service and Support Animals on Campus Policies and Procedures

Pomona College will reasonably accommodate persons with disabilities who require the assistance of Service or Support Animals. Being mindful of health and safety concerns of the campus community, Pomona College generally prohibits the presence of privately-owned animals on campus. Determination of whether an Emotional Support Animal (ESA) will be permitted in on-campus housing is made on a case-by-case basis, through an interactive process involving the individual requesting the accommodation and relevant campus personnel. A student who requires a Service Animal does not require approval from the College. In all cases, the needs of the individual are balanced with the impact of an animal on other campus residents, members of Pomona College community and visitors.

Owner

The Owner is the individual who has requested the accommodation and has received approval to bring a Service or Support Animal into College housing.

Pet

A domesticated animal that serves a role in providing leisure companionship to its owner. Pets are not the same as Service or Support Animals and are generally not permitted inside College facilities. Under no circumstances are students permitted to have cats or dogs in the residence halls. Only completely and consistently caged, non-poisonous pets that are legal in the state of California are permitted and then only if they do not adversely affect other residents. For more information, please see the Pets in the Residence Halls Policy. For Faculty and Staff, please see the Pomona College Pet Policy for more information.

Service Animals

Under the ADA, a service animal is defined as a dog, or in some cases a miniature horse, that has been individually trained to do work or perform tasks for an individual with a disability. Service Animals are allowed in public spaces on campus. The task(s) performed by the animal must be directly related to the person’s disability. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals.

Emotional Support Animals

Emotional Support Animals are other animals that have not necessarily been trained for a specific purpose, but that provide comfort and/or emotional support for an individual with a disability. Under the FHA, an Emotional Support Animal (ESA) is an animal that provides emotional support that alleviates one or more identified symptoms or effects of a person’s qualified disability. ESAs are not pets and are not considered service animals under the ADA; rather, they are animals that have been prescribed by a certified mental health professional to provide necessary support or companionship to a person with a qualifying disability.

Service Animals

Service animals will be permitted to accompany people with disabilities in all areas of Pomona College where students, members of the public, and other participants in services, programs or activities can go, including on-campus housing. Pomona College does not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Individuals accompanied by a service animal on campus but who do not need any disability-related accommodations are not required to register with the Accessibility Resource and Services (ARS) office, nor is such individual required to submit a request for a reasonable accommodation to receive access of their service animal. Please see additional information on Service Animals. However, students with service animals who are residing on campus are required to register with the Accessibility Resource and Services (ARS) Office to provide health information about their service animal. Please see more information in Service Animals in Housing.

A Service Animal must be housebroken (i.e., trained so that it controls its waste elimination, absent illness or accident) and must be kept under control by a harness, leash, or other tether, unless the person is unable to hold those, or such use would interfere with the Service Animal’s performance of work or tasks. In such instances, the Service Animal must be kept under control by voice, signals, or other effective means. Under the ADA, service animal can only be a dog or a miniature horse.

Additionally, Pomona College cannot ask about the nature or extent of a person’s disability to determine whether a person’s animal qualifies as a service animal. However, when it is not readily apparent that a dog is a service animal, Pomona College staff may make two inquiries to determine whether the dog qualifies as a service animal, which are:

1. Is the dog required because of a disability?
2. What work or task has the dog been trained to perform?

The College will not make either of these two inquiries when it is observable and obvious what work or task the animal is performing for the individual with a disability. Rather, such inquiries will be made only when there is credible, objective evidence reflecting that the animal is not performing as a service animal for the individual, including evidence that the animal is out of control.

False representation of a service animal is a violation of California Penal Code 365.7. A student found to have falsely represented a service animal will be in violation of the Student Code of Conduct and will face disciplinary action through the student conduct process and possible removal of the animal from campus.

Service Animals in Training

The Americans with Disabilities Act (ADA) assures people with disabilities who are accompanied by service animals that they will not be excluded from public places or activities, nor charged any additional fees, because they are accompanied by their service animal. However, the ADA does not provide the same protection to service animals in training (that is, the ADA assures access for the handler only if the animal is fully trained to give some disability-related service).

California state law (Civil Code, Div. 1, Part 2.5, § 54.2) provides those same rights of access for individuals who are actively engaged in training service animals, and who are recognized by the State of California as trainers. For example, an individual employed by Guide Dogs for the Blind, who holds appropriate state licensure, and who is preparing future guide dogs to be paired with someone who is blind (in order to provide independent mobility), may bring the dog onto campus and interact with the campus community in public areas, campus offices, and so on. State law also prescribes that service animals in training must be appropriately identified when accessing public accommodations, wearing a government issued tag identifying the animal as being in training.

Because California state law supports the presence of animals “in training" only when in the company of a permitted trainer, the College has established the following policy: Service animals in training cannot be in residence in College housing, nor be present in other areas of campus except those places where all students are welcome to bring pets unless accompanied by a permitted trainer. Similarly, puppies who are being raised/trained in preparation for participating in formal service animal training are not permitted in College housing or on campus except where pets are allowed.

Emotional Support Animals

An emotional support animal does not necessarily need to be trained and is not limited to any specific type of animal. Wild, exotic animals and reptiles that carry disease pose a health and safety risk to other residents and are not a good fit for the College Housing environment. Animals that require heat lamps or a live food source are also not approved due to fire safety and health concerns. ESA’s are restricted to the student’s room and can only leave for nature breaks. ESA’s are not allowed in classrooms, campus buildings, common rooms or campus events. ESA’s must always be under control of their owner, cannot be left alone overnight, and cannot be cared for by another student.

While ESAs are not limited to dogs, there are requirements for the health and behavior of the animal like those of Service Animals. Additionally, any animal which is prohibited by state or local laws, or that is considered a zoonotic risk, will not be considered a reasonable accommodation. Generally, an animal that is too young to be vaccinated or spayed/neutered would not be considered eligible to serve as an appropriate ESA accommodation, since basic state/city/college health code standards cannot be met.

Service Animals in Housing

Students who wish to bring a service animal to campus are required to register with Accessibility Resource & Services (ARS), especially if other academic or housing accommodations are required. Once registered, the ARS Office will partner with the Housing and Residence Life Office to alert them of the presence of a service animal in college housing. Requests for Service Animals in college housing do NOT require documentation of disability. However, we require proof that the service animal has vaccinations that are up to date. Advance notice of a service animal for on-campus housing may allow more flexibility in meeting student’s specific requests for housing. Upon request of a Service Animal, the student’s roommate(s) will be notified (if applicable) to solicit their acknowledgement of the request and notify them that the approved animal will be residing in the shared assigned space.

Emotional Support Animal (ESA) in Housing

Before an Emotional Support Animal can move into College housing with a person with a disability, a request must be submitted to ARS and approval must be granted (preferably at least 8 weeks prior to move-in). If the disability is not obvious, ARS may require documentation from a licensed physician or mental health provider, including without limitation a qualified psychiatrist, social worker, or other mental health professional, to provide sufficient information for Pomona College to determine:

• that the individual qualifies as a person with a disability (i.e., has a physical or mental impairment that substantially limits one or more major life activities); and
• that the Emotional Support Animal may be necessary to afford the person with a disability an equal opportunity to use and enjoy College housing (i.e., that the animal would provide emotional support or other assistance that would ameliorate one or more symptoms or effects of the disability).
• please see Emotional Support Animal (ESA) Disability Verification Form for your medical provider or licensed mental health professional to complete

As with Service Animals, Emotional Support Animals must be housebroken (i.e., trained so that it controls its waste elimination, absent illness or accident) and must be kept under control by a harness, leash, or other tether, unless the person is unable to hold those, or such use would interfere with the animal’s performance of work or tasks. In such instances, the Emotional Support Animal must be kept under control by voice, signals, or other effective means.

It is the policy of Pomona College that individuals are prohibited from having certain types of animals in Student Housing, however, ARS will consider a request by an individual with a disability for a reasonable accommodation as an exception to allow an emotional support animal. Animals may not be kept in Housing and Residence Life at any time prior to the individual receiving approval as a reasonable accommodation pursuant to this policy. Misrepresentation could result in the animal being immediately removed from campus at the student’s expense and other disciplinary action.

Pomona College, in consultation with the resident, and other parties as appropriate, may consider the criteria below in determining whether the request is reasonable for an emotional support animal:

• Whether the animal poses or has posed in the past a direct threat to the individual or others;
• Whether the animal causes or has caused excessive damage to housing beyond reasonable wear and tear;
• Whether the size of the animal is too large for available assigned housing space;
• Whether the animal’s presence would force another individual from individual housing (e.g. serious allergies);
• Whether the animal’s presence otherwise violates individual’s right to peace and quiet enjoyment; and
• Whether the animal is housebroken (defined as “trained to urinate or defecate outside the home in an appropriate location”) or unable to live with others in a reasonable manner. Animals that create noise/disturbance with their behavior, or those that are not fully housebroken may not reside in Housing and Residence Life.
• Students must provide evidence that the ESA meets all state requirements for vaccinations and health certifications, including the rabies vaccine, before the animal is allowed into Housing and Residence Life.

The individual must provide written consent for ARS to disclose information regarding the request for and presence of the emotional support animal to those individuals who may be impacted by the presence of the animal including, but not limited to, Housing and Residence Life staff, Campus Safety officers, Housekeeping and potential and/or actual roommates or neighbors. Due to fire and safety regulations, the unit where the animal resides requires an emblem at the entryway noting the animal’s presence. Pomona College reserves the right to assign an individual with an emotional support animal to another Pomona College Student Housing unit if needed.

Incoming Students/New Requests:

• Student will need to register with ARS via online portal,
• Submit the Emotional Support Animal ESA Disability Verification Form. or current (within 1 year) supporting documentation from a mental health professional.
• A follow up email will be initiated to meet with ARS to discuss your need for an ESA. In this meeting student will receive determination of requested accommodation.
• ARS notifies Housing and Residence Life of the accommodation determination
• Once approval for an ESA has been determined, the following steps will follow in collaboration with Student Housing and Residence. The student will read and sign agreement to the:
• Pomona College Emotional Support Animals in Student Housing Policy and Procedures form.
• Roommate Acknowledgement of ESA in Shared Living Space form will be required. 

1. Please Note: ESA requests for all Owners must be submitted yearly and ESA requests will be considered for the following semester and not the current semester. For example, if a student is requesting an ESA during the Spring semester, once approved the ESA request will be implemented for the Fall (following) semester.

Current Students:

• Submit an Additional Accommodation Request  via the ARS online portal 
• Submit updated ESA Disability Verification Form or supporting documentation from a mental health professional (within 1 year).
• A follow up email will be initiated to meet with the ARS director to discuss your need for an ESA.
• Student receives determination of requested accommodation.
• ARS notifies Housing and Residence Life of the accommodation determination
• Once approval for an ESA has been determined, the following steps will follow in collaboration with Student Housing and Residence. The student will read and sign agreement to the:
• Pomona College Emotional Support Animals in Student Housing Policy and Procedures form.
• Roommate Acknowledgement of ESA in Shared Living Space form will be required.

Please Note: ESA requests for all Owners must be submitted yearly and ESA requests will be considered for the following semester and not the current semester. For example, if a student is requesting an ESA during the Spring semester, once approved the ESA request will be implemented for the Fall (following) semester.

To ensure equal access and non-discrimination of people with disabilities, members of the Pomona College community must abide by the following practices:

• Allow Service Animals to accompany people with disabilities on campus;
• Allow Emotional Support Animals to accompany people with disabilities to the residential facility which the Owner has been assigned;
• Do not ask for details about a person’s disabilities;
• Do not pet an ESA or Service Animal, as it may distract the animal from its work;
• Do not feed an ESA or Service Animal
• Do not deliberately startle, tease, or taunt an ESA or Service Animal ; and
• Do not separate or attempt to separate an Owner from his/her ESA or Service Animal.

Appeals Procedure

Students are encouraged to speak to the College's specialist in disability accommodations, Director of Accessibility Resources and Services, Adaly Reyes Martinez 909-607-2345 or adaly.martinez@pomona.edu, regarding potential accommodations and the required paperwork. If a student is denied an accommodation that they believe is necessary, the student may take their concerns to the Director. Find additional information on the College’s Disability Accommodation procedures.

If an agreement cannot be reached, the Senior Associate Dean of Students can review the original request. Additionally, students may take allegations of discrimination to one of the College's grievance officers. For additional information on the College's grievance procedures, please see the College's Discrimination and Harassment Policies and Grievance Procedures.

A student who wishes to file a disability discrimination complaint within any College program or activity can be reported via the Discrimination And Harassment Investigation And Response Procedures.

Students with concerns about potential discrimination may also contact the United States Department of Education, Office of Civil Rights, the United States Department of Housing and Urban Development by phone at (800)-877-0246, or on the web (and click on Housing Discrimination), or the United States Department of Justice, Disability Rights Section by email at ADA.complaint@usdoj.gov, or on the ADA website.

1. Emotional Support Animal (ESA) Disability Verification Form
2. Emotional Support Animals in Student Housing Policy and Procedures Agreement Form
3. ESA Information Form
4. Roommate Acknowledgement of ESA in Shared Living Space