Student Handbook

3.01 Service and Assistant Animal Policy

BASIS

Federal and state law protect the right to a service animal for qualified individuals with disabilities. Northeastern Junior College is committed to allowing Emotional Support Animals (ESAs) as necessary to provide individuals with disabilities an equal opportunity to use and enjoy campus housing. The following rules are adopted in accordance with Board Policy (BP) 16-70 and System Procedure (SP) 16-70a, "Animals on Campus," and apply to the presence of ESAs on campus and in campus housing. Service Animals are not subject to this document and are permitted in any location where their handler is allowed, subject to the restrictions set forth in SP 16-70a.

Individuals are generally prohibited from having pets in campus housing. The College will consider a request by an individual with a disability for reasonable accommodation to allow an ESA that is necessary because of a disability. Each individual ESA requires prior written approval by the College before they are permitted to be on campus. There is no fee or surcharge for an approved ESA. 

DEFINITIONS

“Emotional support animal (ESA)” is a companion animal which provides therapeutic benefit, such as alleviating or mitigating some symptoms of a disability, to an individual with a documented disability. ESA animals are typically dogs and cats, but may include other animals, and are allowed on college campuses in limited circumstances.

“Handler” is the individual with a disability using a service or emotional support animal on campus, a person responsible for handling the animal in order to assist the individual with the disability, or a person responsible for a pet on campus.

“Pets” are defined as any animal that does not qualify as a service animal or ESA.

“Qualified individual with a disability” is an individual who has a physical or mental impairment that substantially limits one or more major life activities, who has a history or record of such an impairment, or who is perceived by others as having such an impairment.

“Service animals” are defined as dogs or, on a limited, case-by-case basis, a miniature horse that are individually trained to do work or perform tasks for people with disabilities. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals under this procedure.

The college requests that students and staff refrain from bringing unauthorized animals to campus property. Unauthorized pets or animals are not allowed in any campus building, nor are they allowed to be tied to any campus structure or confined on or in parked vehicles on campus property.

Service animals are permitted anywhere on campus at any time. Assistance animals will be more broadly defined. Assistance animals may provide physical, psychological or emotional support to individuals, but may not be considered Service Animals under the ADAAA. Under Colorado law, it is a crime to knowingly misrepresent an animal as a service animal. Misrepresenting an animal as a service animal can result in fines pursuant to Colorado statute and the individual may be referred for discipline under applicable policies and procedures (for students and employees), or removed from campus (for guests, visitors and other third parties).

All requests for ESAs as an accommodation in campus housing facilities must be approved by your roommate (if applicable), the NJC Guidance Coordinator, the Transition Specialist, and the Director of Residence Life. ESAs are permitted only in the handler’s assigned housing space except to the extent that the handler is taking the ESA out for natural relief. ESAs are not permitted in any college facilities or on campus other than the handler's assigned campus housing. A student may be able to have an assistance animal in a campus housing unity as a reasonable accommodation if:

  • The student has a documented disability; and
  • The animal is necessary to afford the student with the disability an equal opportunity to use and enjoy the dwelling; and
  • There is an identifiable relationship or nexus between the disability and the assistance the animal provides. 

Requests for an emotional support animal may be denied if the presence of the animal imposes an undue administrative burden, fundamentally alters NJC housing policies, or poses a direct threat to the health and safety of others. Other factors that are considered are:

  1. The size of the animal is too large for assigned housing space;
  2. The animal's presence would force another individual from housing (i.e., serious allergies);
  3. The animal's presence would violate other individuals' rights to peace and quiet;
  4. The animal is not housebroken or is unable to live with others in a reasonable manner;
  5. The animals' vaccinations are not up to date;
  6. The animal has had past aggressive behavior and poses a direct threat to others;
  7. The animal causes or has caused excessive damage to housing beyond normal wear and tear.

Approved ESAs must observe the following guidelines:

  • ESAs are permitted only in the handler’s assigned housing space except to the extent that the handler is taking the ESA out for natural relief.
  • ESAs are not permitted in any College facilities or on campus other than in the handler’s assigned campus housing. 
  • ESAs must be crated or caged when unattended in the handler’s room.
  • ESAs cannot be left unattended in the handler's room for an unreasonable amount of time, as appropriate for the animal; it is the responsibility of the handler to arrange appropriate off-campus care for the ESA if the handler will be gone overnight or longer.
  • ESAs cannot be left in campus housing if the handler is absent from College housing overnight or longer.
  • ESAs cannot be cared for on campus by any individual other than the handler approved for the ESA.
  • The handler must maintain control of the ESA at all times, whether by harness or leash, voice control, signals, or other effective means. ESAs are required to be kept in an animal carrier or controlled by an appropriate harness or short leash when outside of the handler’s room. This includes when the ESA is in the lobby of the handler’s assigned living space. 
  • The ESA cannot create an unmanageable disturbance or interference with the College community. 
  • The handler must provide appropriate care for the ESA to ensure it is regularly bathed, groomed, and treated for fleas and ticks and other common parasites or diseases as appropriate for the type and breed of animal.
  • The handler may not engage in mistreatment or abuse of the ESA. 
  • The handler must comply with state and local requirements regarding rabies and any other vaccinations (the ESA must wear a valid vaccination tag at all times), as well as state and local requirements regarding licensure and leash control, and the College reserves the right to require documentation of compliance with required vaccines and licensing requirements. 
  • The ESA must be house-trained. The handler is responsible for prompt and thorough cleanup and disposal of waste in a closed container and appropriate trash bin.
  • The handler will be solely responsible for any damage caused by the ESA (beyond reasonable wear and tear for any resident with or without an ESA), including damages for an injury such as a bite caused by an uncontrolled animal. The handler must promptly report any damages or injuries caused by the ESA. Failure to timely report is a violation of these Rules. 
  • The College reserves the right to assign an individual with an ESA to a room with appropriate occupancy based on the circumstances.
  • The handler is required to notify the College in writing to the Residence Life Office staff if the ESA is no longer needed or is no longer in campus housing. 
  • The College is not responsible for providing care for an ESA, including in the event of an emergency evacuation such as a fire alarm. Emergency personnel may determine whether to remove an ESA, but will not be held responsible for the care, damage to, or loss of the ESA. 
  • If a Hall Director reasonably believes an animal to be in distress, and the handler is not present, the Hall Director has the discretion to key into the handler’s room in the presence of another Residence Life staff member to perform a wellness check on the animal.
  • If an ESA is denied or removed for any reason, the handler is expected to fulfill housing obligations for the remainder of the housing contract and will not receive a refund. 
  • Misrepresentation of a pet as an ESA is a violation of Colorado law which is subject to criminal fines, and a violation of the College’s Student Code of Behavioral Expectations and Responsibilities. 

Removal of Assistance Animals

NJC may require an animal be removed from housing if:

  1. The animal poses a direct threat to the health and safety of others or causes substantial property damage;
  2. The animal's presence results in a fundamental alteration of a college program;
  3. The owner does not comply with the responsibilities set forth in this policy;
  4. The animal creates an unmanageable disturbance or interference with the college community.

Noncompliance with this procedure will result in a report to the city animal control specialist for immediate removal of the animal and the student responsible for the animal on campus will be reported for judicial sanctions.

Removal of Service Animals

Service animals may be excluded from campus if:

  1. The animal is out of control and the handler does not take effective action to control it;
  2. The animal is not housebroken;
  3. The animal’s handler is mistreating or neglecting the animal; or
  4. The animal poses a direct threat to the health or safety of others. For example, any service dog that displays vicious or unsafe behavior towards others may be excluded.

ENFORCEMENT AND APPEAL PROCEDURE:

Failure to comply with the rules set forth herein and any directives issued by the College may result in assessment of fees/fines (e.g., waste removal or clean-up or pest control), referral for discipline under the Student Code of Behavioral Expectations and Responsibilities, capture and confinement by the College (e.g., if the ESA is running loose), removal of the ESA from campus (temporarily or permanently), liability for damages, and other available remedies. The College will base its determination upon consideration of the behavior of the particular ESA at issue, and not speculation or fear about the harm or damages an animal may cause. 

Any denial or removal of an ESA may be appealed to the Vice President of Student Services by submitting a written explanation of the basis for appeal and all supporting documentation within 10 days of the decision being appealed. See the appeal process stated in SP 4-30a, SP 4-31a, SP 19-60b. 

PETS:

Pets are banned from living on the NJC campus.