Assistance Animal Policy

Introduction

Harvey Mudd College (“HMC” or “College”) seeks to create a living and learning environment for students that is conducive to development, interaction, and a healthy wellbeing for all students living in a communal space.

In accordance with Section 504 of the Rehabilitation Act of 1973 (enforced by the U.S. Department of Education Office for Civil Rights), Title III of the Americans with Disabilities Act (ADA), and the California Fair Employment and Housing Act (FEHA, enforced by the California Civil Rights Department), the College recognizes its legal obligation to provide reasonable accommodations for individuals with disabilities in its residential facilities.

To ensure compliance with applicable federal regulations and California’s expanded state civil rights protections, HMC permits “Assistance Animals” in College housing. The term “Assistance Animals” serves as an overarching category under housing laws that includes:

Trained Service Animals: Animals individually trained to perform specific tasks or work for an individual with a disability, recognized under the ADA and federal housing laws. Under the Americans with Disabilities Act, 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. 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. 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 HMC Honor Code and will face disciplinary action through the student conduct process and possible removal of the animal from campus. This category also includes psychiatric service dogs that are individually trained to help a person with a mental disability with specific requirements. An individual that uses such a dog is entitled to the same rights under the law as someone with a physical disability that uses a Service Animal.
Support Animals (commonly referred to as Emotional Support Animals or ESAs): Housebroken animals that are not trained to perform specific tasks or services for a disability, but provide emotional, cognitive, or other support that directly alleviates one or more symptoms of a student’s diagnosed disability, protected under California state housing law (FEHA) and campus accommodation frameworks. ESAs are not pets and are not considered service animals under the Americans with Disabilities Act (ADA); rather, they are animals that have been prescribed to provide necessary support or companionship to a person with a qualifying disability.

Policy Statement

HMC permits Service Animals and Emotional Support Animals in on-campus housing as a reasonable accommodation when necessary and reasonable because of a disability to facilitate full-participation and equal access to the College’s programs and activities. HMC is also committed to allowing Service and Emotional Support Animals necessary to provide individuals with disabilities an equal opportunity to use and enjoy College housing. This policy applies to students at HMC and 5C students living in HMC facilities.

Some HMC students with disabilities may be prescribed and/or require the use of a Service Animal or an Emotional Support Animal. Determination of whether an Emotional Support Animal 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. In all cases, the needs of the individual are balanced with the impact of an animal on other campus residents, members of the HMC community and visitors. A student who requires a Service Animal does not require approval from the College. However, students who have service animals are not exempt from local animal control or public health requirements and may be required to register the animal and/or submit vaccination records in accordance with Housing and Residential Life Policies.

HMC will not limit room assignments for individuals with Emotional Support Animals to any particular building or buildings because the individual needs an Emotional Support Animal because of a disability.

This policy and its associated procedures are subject to change at the end of each academic year, or as necessary, to maintain compliance with evolving federal, state, and local legal guidelines, OCR rulings, and institutional requirements.

Provisions

Service Animals including Psychiatric Service Dog

Service Animals are generally allowed to accompany their owners anywhere their owners are permitted on campus. Service Animals will be permitted to accompany people with disabilities in all areas of HMC’s facilities, including College housing, where students, members of the public, and other participants in services, programs or activities are allowed to go. HMC 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 Office of Accessible Education or the Division of Student Affairs (DSA), nor is such individual required to submit a request for a reasonable accommodation to receive access of his or her Service Animal. However, students with service animals are encouraged to contact the Office of Accessible Education to help identify and remove any housing or classroom barriers that might interfere with the animal’s tasks.

When it is not readily apparent that a dog is a Service Animal, HMC staff may make the following inquiries to determine whether the dog qualifies as a Service Animal:

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

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.

HMC will assess requests for the use of miniature horses by people with disabilities on a case-by-case basis. Requests should be submitted to the Assistant Dean for Accessible Education and, consistent with applicable laws, HMC may make modifications in its policies to permit their use if they meet certain criteria and have been individually trained to do work or perform tasks for the benefit of people with disabilities.

Criteria for Evaluating Emotional Support Animal (ESA) Requests

Harvey Mudd College’s residential model is unique, requiring communal living, shared suites, and roommate assignments. To ensure the safety, health, and quiet enjoyment of all students, the Office of Accessible Education (OAE) evaluates every ESA request on an individualized, case-by-case basis through an interactive process.

An ESA accommodation request may be deemed unreasonable, or an existing accommodation may be revoked, if the presence of the specific animal:

Imposes an undue financial or administrative burden on the College;
Fundamentally alters the nature of the College’s housing operations and residential programs; or
Poses a direct threat to the health or safety of others, or would cause substantial physical damage to the property of others (including College property), which cannot be eliminated or reduced by another reasonable accommodation.

Evidence Used in Making Determinations

When evaluating a request or managing housing assignments for students with approved ESAs, HMC considers the following objective factors:

Behavior and Community Impact: The animal must not disrupt the campus community. Evidence that the animal’s presence violates the rights of others to peace and quiet enjoyment (e.g., excessive barking, screeching, scratching, or whining) may result in the denial or revocation of the accommodation.
Sanitation and Housebreaking: The animal must be fully housebroken. (Note: Under housing guidelines, very young animals that are not yet housetrained are generally not permitted).
Health and Safety Compliance: The animal’s vaccinations and local licensing must be kept up to date in accordance with California state and local laws. Documentation of health records must be provided to the Office of Housing and Residential Life.
Aggression and Safety Threats: The animal must not pose a threat to others. Any history of aggressive behavior, such as biting, growling, lunging, scratching, or injuring individuals, will be grounds for immediate denial or removal of the animal.
Property Care: The animal must not cause excessive physical damage to College housing or the personal property of other residents beyond standard wear and tear. The student owner remains financially responsible for any damage caused by the animal.

Control, Restraint, and Campus Access Requirements

1. Animal Control and Restraint Both Service Animals and Support Animals (ESAs) must be under the active control and dominion of the Owner at all times.

Restraint Requirements: When outside of the Owner’s private bedroom, the animal must be kept in an animal carrier or controlled by a leash, harness, or other physical tether. (For Service Animals, if a harness or leash interferes with the animal’s trained tasks or if the handler’s disability prevents its use, the animal must be controlled via voice commands, signals, or other effective means.) Animals must also be safely contained when Facilities & Maintenance or other college staff need to enter the space for the purpose of repairs or inspections.
Owner Responsibility: Animals cannot be left under the care of another student, staff, or faculty member for extended periods of time that compromise the animal’s welfare or creates a disruption for the community member.
Animals Running at Large: No Owner may permit an Assistance Animal to go loose or run at large on campus grounds or inside facilities.

2. Permitted Access Areas on Campus The campus areas accessible to an Assistance Animal depend on the animal’s legal designation:

Service Animals: In accordance with the ADA, approved Service Animals are permitted to accompany their handler in all areas of the College where members of the public, students, or participants are allowed to go. This includes classrooms, dining facilities, administrative offices, and academic spaces.
Support Animals (ESAs): In accordance with the California Fair Employment and Housing Act (FEHA), approved Support Animals must be contained within the student’s privately assigned living unit (bedroom/suite), except to the extent the individual is taking the animal out for natural relief.
Restricted Areas for Support Animals (ESAs): Support Animals are strictly prohibited from entering non-residential HMC facilities, including but not limited to classrooms, science laboratories, dining halls, athletic facilities, libraries, administrative offices, and academic buildings. Additionally, Support Animals are not permitted to enter other HMC residence halls to which the Owner is not actively assigned.

Conflicting Health Conditions and Aversions

HMC is committed to ensuring that the needs of all people with disabilities are met and will determine how to resolve any conflicts or problems as expeditiously as possible.

If a student has a disabling condition that involves an allergic reaction to animals, the student should notify the Office of Accessible Education regarding a reasonable accommodation for HMC housing. Reasonable action will be taken to consider the needs of both residents to resolve the conflict as efficiently and expeditiously as possible. Without an accommodation for a conflicting disability (e.g., animal allergens), housing reassignment will be done according to standard Housing & Residential Life procedures.

Owners who have concerns about any matter affecting their use of a Service or Emotional Support Animal should contact the Office of Accessible Education.

Disclosures

HMC may, at its discretion, post notices that an animal is living in a student residence or in a particular hall in order to alert visitors who might be negatively affected by contact with an animal and staff or emergency personnel who might encounter the animal. Students are free to post notice of the presence of an animal on the door to their room in order to specifically identify an animal’s presence in the room, provided the notices comply with residence hall policies.

Owner’s Responsibilities

Harvey Mudd College is not responsible for the care, supervision, or safety of any Assistance Animal. Owners are solely responsible for their animal at all times, including all associated costs, physical care, and behavioral supervision.

To maintain an approved Assistance Animal in HMC housing, the owner must adhere to the following community and legal standards:

1. Documentation, Health, and Licensing

Annual Verification: Owners of approved Support Animals (ESAs) must submit an annual pet registration form to the Office of Housing and Residential Life indicating that the animal is in compliance with current city, county, and state ordinances, laws, and/or regulations pertaining to licensing, vaccination, and other requirements for animals.
Humane Care: The Owner must ensure the animal is properly fed, groomed, and maintained in a clean, healthy, and sanitary condition. Any evidence of animal abuse, neglect, or abandonment will be reported immediately to local animal control authorities and will result in the immediate revocation of the housing accommodation and referral to the HMC Honor Code process.

2. Control and Restraint

Active Supervision: The owner must retain direct control and dominion over the animal at all times. No animal may be left unattended in common areas or permitted to run at large.
Restraint Protocols: When outside the owner’s private bedroom, the animal must be kept in a secure carrier or controlled by a leash, harness, or tether. (For Service Animals, physical tethers are required unless they interfere with the animal’s trained tasks or the owner’s disability prevents their use, in which case voice or signal controls must be effective).
Containment: When the owner is not present in their assigned room, a Support Animal (ESA) must be safely contained (e.g., crated or placed in a secure habitat). ESAs may not be left unattended for extended periods that compromise the animal’s welfare or create a disruption for roommates.

3. Sanitation and Waste Management

Outdoor Waste: The owner is responsible for the immediate clean-up and sanitary disposal of the animal’s waste. Outdoor waste must be picked up immediately, sealed in a plastic bag, and disposed of directly in outdoor trash dumpsters.
Indoor Sanitation: For animals utilizing indoor waste areas (such as cat litter boxes or small animal cages), the owner must clean these areas daily. Waste must be bagged, sealed, and taken directly to outdoor dumpsters. Indoor waste must never be disposed of in indoor trash cans, recycling bins, or common area chutes.

4. Financial Liability and Property Care

Damage Charges: HMC does not charge any additional fee or deposit for an approved Assistance Animal. However, the owner is financially responsible for any property damage, bodily injury, or excessive cleaning costs caused by the animal.
Restoration Costs: This includes the cost of repairs, deep cleaning, or pest control (e.g., flea and tick fumigation) required in the residential space beyond normal wear and tear, charged to the same extent the College charges other residents for room damage.

5. Accommodation Agreement

Responsibility Sign-off: Owners will be required to sign an ESA agreement form through the AIM Portal prior to the animal’s arrival, which outlines these operational expectations in detail.

Removal of Approved Animal

An owner may be required to remove their Service Animal or Emotional Support Animal if there is a violation of College policy. The College will base such determinations upon the consideration of the behavior of the particular animal at issue, and not on speculation or fear about the harm or damages an animal may cause. Any removal of the animal will be done in consultation with the Office of Housing and Residential Life and may be appealed to the VPSA/Dean of Students. The owner will be afforded all rights of due process and appeal as outlined in that process. To replace an ESA, the new animal must be necessary because of the owner’s disability and the owner must follow the procedures in this Policy when requesting a different animal.

Should the Emotional Support Animal be removed from the premises for any reason, the owner is subject to the terms of the housing contract provided by the Office of Housing & Residential Life.

Guidelines for Members of the HMC Community

To ensure equal access and non-discrimination of people with disabilities, members of the HMC 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 Assistance Animal, as it may distract the animal from its work;
Do not feed an Assistance Animal;
Do not deliberately startle, tease, or taunt an Assistance Animal; and
Do not separate or attempt to separate an Owner from his/her Assistance Animal.