Assistance Animal Policy and Agreement for Campus Housing

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General Policy Statement and Purpose

New Mexico Junior College (“NMJC” or “College”) recognizes the importance of “Service Animals” as defined by the Americans with Disabilities Act Amendments Act (ADAAA) and the broader category of “Assistance Animals” under the Fair Housing Act that provide physical and/or emotional support to individuals with disabilities. NMJC is committed to allowing individuals with disabilities the use of a Service Animal on campus to facilitate their full-participation and equal access to the College’s programs and activities. NMJC is also committed to allowing Assistance Animals necessary to provide individuals with disabilities an equal opportunity to use and enjoy College housing. This Policy explains the specific requirements applicable to an individual’s use of an Assistance Animal in College housing NMJC reserves the right to amend this Policy as circumstances require. This policy applies solely to “Assistance Animals” which may be necessary in College housing. It does not apply to “Service Animals” as defined by the ADAAA.

Although it is the policy of NMJC that individuals are generally prohibited from having animals of any type in College housing, NMJC will consider a request by an individual with a disability for reasonable accommodation from this prohibition to allow an Assistance Animal that is necessary because of a disability and reasonable. However, no Assistance Animal may be kept in College housing at any time prior to the individual receiving approval as a reasonable accommodation pursuant to this Policy.

The question in determining if an Assistance Animal will be allowed in College housing is whether or not the Assistance Animal is necessary because of the individual’s disability to afford the individual an equal opportunity to use and enjoy College housing and its presence in College housing is reasonable. However, even if the individual with a disability establishes necessity for an Assistance Animal and it is allowed in College housing, an Assistance Animal is not permitted in any other areas of the College (e.g. dining facilities, libraries, academic buildings, athletic buildings and facilities, classrooms, labs, individual centers, etc.).

Definitions

  1. Assistance Animal: “Assistance Animals” are a category of animals that may work, aid, or perform physical tasks for an individual with a disability and/or provide necessary emotional support to an individual with a mental or psychiatric disability that alleviates one or more identified symptoms of an individual’s disability, but which are not considered Service Animals under the ADAAA and NMJC’s Service Animal Policy. Some Assistance Animals are professionally trained, but in other cases Assistance Animals provide the necessary support to individuals with disabilities without any formal training or certification. Dogs are commonly used as Assistance Animals, but any animal may serve a person with a disability as an Assistance Animal. It is important to note that animals that may be needed because of a disability may be identified by various names. For example, an individual may identify the animal as a companion animal, therapy animal, or emotional support animal.
  2. Owner: The individual who has requested the accommodation and has received approval to bring an Assistance Animal into College Housing.
  3. Accessibility Services: Collaborates with individuals, faculty, and staff to ensure that individuals with disabilities have equal access to all NMJC programs and activities.

Procedures for Requesting Assistance Animals in College Housing

The procedure for requesting that an Assistance Animal be allowed in College Housing follows the general procedures set forth in the Reasonable Accommodation Policy for College Housing (“Reasonable Accommodation Policy”) and the requirements set forth below. However, to the extent the requirements and procedures in this policy conflict with the Reasonable Accommodation Policy, this policy shall control.

Criteria for Determining If Presence of the Assistance Animal is Reasonable

  1. College housing is unique in several aspects including the mandatory assignment of roommates for many individuals and the mandate that individuals must share a room or suite in certain residence halls. To ensure that the presence of Assistance Animals is not an undue administrative burden or fundamental alteration of College housing, NMJC reserves the right to assign an individual with an Assistance Animal to a single room without a roommate.
  2. However, for all requests for Assistance Animals, Accessibility Services shall nonetheless consult with Campus Housing in deciding on a case-by-case basis of whether the presence of an Assistance Animal is reasonable. A request for an Assistance Animal may be denied as unreasonable if the presence of the animal: (1) imposes an undue financial and/or administrative burden; (2) fundamentally alters College housing policies; and/or (3) poses a direct threat to the health and safety of others or would cause substantial property damage to the property of others, including College property.
  3. NMJC may consider the following factors, among others, as evidence in determining whether the presence of the animal is reasonable or in the making of housing assignments for individuals with Assistance Animals:
    1. The size of the animal is too large for available assigned housing space;
    2. The animal's presence would force another individual from individual housing (e.g. serious allergies);
    3. The animal's presence otherwise violates individuals' right to peace and quiet enjoyment;
    4. The animal is not housebroken or is unable to live with others in a reasonable manner;
    5. The animal's vaccinations are not up-to-date;
    6. The animal poses or has posed in the past a direct threat to the individual or others such as aggressive behavior towards or injuring the individual or others; or
    7. The animal causes or has caused excessive damage to housing beyond reasonable wear and tear.

NMJC will not limit room assignments for individuals with Assistance Animals to any particular building or buildings because the individual needs an Assistance Animal due to a disability.

Access to College Facilities by Assistance Animals

  • Assistance Animals
    An Assistance Animal must be contained within the Owner’s privately assigned individual living accommodations (e.g., room, suite, apartment) except to the extent the individual is taking the animal out for natural relief. When an Assistance Animal is outside the private individual living accommodations, it must be in an animal carrier or controlled by a leash or harness. Assistance Animals are not allowed in any College facilities other than College residence halls (e.g. dormitories, suites, apartments, etc.) to which the individual is assigned.
  • Dominion and Control
    Notwithstanding the restrictions set forth herein, the Assistance Animal must be properly housed and restrained or otherwise under the dominion and control of the Owner at all times. No Owner shall permit the animal to go loose or run at large. If an animal is found running at large, the animal is subject to capture and confinement and immediate removal from College housing.

Owner’s Responsibilities for Assistance Animal

If the College grants an Owner’s request to have an Assistance Animal live with the Owner, the Owner is solely responsible for the custody and care of the Assistance Animal and must meet the following requirements:

General Responsibilities

  1. The Owner must abide by current county and state ordinances, laws, and/or regulations pertaining to licensing, vaccination, and other requirements for animals. It is the Owner’s responsibility to know and understand these ordinances, laws, and regulations. The College has the right to require documentation of compliance with such ordinances, laws, and/or regulations, which will include a vaccination certificate. The College reserves the right to request documentation showing that the animal has been licensed.
    • Dogs (Service and Assistance Animals)
      • All required immunizations must be up-to-date and a copy of the immunizations must be on file with the Accessibility Services.
      • Dogs must be licensed and a copy of the license must be on file with Accessibility Services.
      • Dogs must be spayed or neutered. A copy of the veterinarian’s report must be on file with Accessibility Services.
      • A Certificate of Health signed by a veterinarian certifying the dog is healthy and free from any signs of infectious or contagious diseases, parasites, etc. must be on file with the Accessibility Services.
      • Collars and tags must be worn at all times. The dog must be kept on a leash at all times when outside the residence hall or apartment. Dogs must never be allowed to run freely.
      • Dogs must possess friendly and sociable characteristics. A specific dog can be restricted from the premises by the Director of Student Life or designee based on any confirmed threatening or territorial behavior.
      • Dog obedience and training programs are highly recommended.
    • Domestic Cats (Assistance Animals Only)
      • All required immunizations must be up-to-date and a copy of the immunizations must be on file with Accessibility Services.
      • Cats must be licensed and a copy of the license must be on file with Accessibility Services.
      • Cats must be spayed or neutered. A copy of the veterinarian’s report must be on file with Accessibility Services.
      • A Certificate of Health signed by a veterinarian certifying the cat is healthy and free from Any signs of infectious or contagious diseases, parasites, etc. must be on file with Accessibility Services.
      • Collars and tags must be worn at all times. The cat must be kept on a leash at all time when outside the residence hall or apartment. Cats must never be allowed to run freely.
    • Any Other Animal
      • To be considered on a case by case basis by Accessibility Services or designee. Dangerous wild animals (big cats, apes, bears, hybrids of these animals), primates, high rabies risk animals (bats, fox, raccoon, coyote) venomous animals, or domestic animals with unknown health history are not allowed.
  2. The Owner is required to clean up after and properly dispose of the animal’s waste promptly in a safe and sanitary manner and, when provided, must use animal relief areas designated by NMJC.
    • Standards of Behavior by Animal and Animal Owner
      • Animals require daily food and attention, as well as a daily assessment of their general health, behavior and overall welfare.
      • Animals cannot be left unattended overnight at any time. If the Owner must be away, they must either take the animal with them, or make arrangements for them to be cared for elsewhere, which does not include other residence hall or apartment spaces.
      • Emotional support animals must not be taken into the residence hall or apartment offices, administrative offices, common space or student living areas.
      • Animal feces, defined as cat litter box contents and any solid animal waste, must be disposed of properly. It is the Owner’s responsibility to remove feces from NMJC grounds, dispose of it in a plastic bag, and then place that bag in the garbage dumpsters outside. Cleanup must occur IMMEDIATELY. Animal feces may not be disposed of in any trash receptacle or through the sewer system inside any building on the NMJC campus. Waste MUST be taken to any residence hall or apartment dumpster for disposal.
      • Residents with cats must properly maintain litter boxes. In consideration of the health of the cat and occupants of the apartment or the residence hall room, cat litter box contents must be disposed of properly and regularly. The litter box must be changed with new cat litter regularly as outlined by the manufacturer.
      • Animal-accidents within the residence hall room or apartment must be promptly cleaned up using appropriate cleaning products.
      • Regular and routine cleaning of floors, kennels, cages, and litter boxes must occur. The odor of an animal emanating from the residence hall room or apartment is not acceptable. (see Cleaning Section below)
      • Any flea infestation must be attended to promptly by the NMJC contracted professional extermination company at Owner’s expense. Owners are expected to promptly notify the Campus Housing office and arrange for extermination when a flea problem is noted. Animal Owners may take some precautionary measures such as: flea medications prescribed by veterinarians, flea and tick collars, taking your animal to the veterinarian for flea and tick baths. However, Campus Housing staff may not use chemical agents and insecticides to exterminate fleas and ticks. Because not all of the precautions listed above can prevent flea and tick infestations, the Owner is responsible for extermination costs after vacating the residence hall room or apartment. The College shall have the right to bill the Owner’s account for unmet obligations under this provision.
      • Animals must not be allowed to disrupt others (e.g., barking continuously, growling, yowling, howling, etc.). Animals which constitute a threat or nuisance to staff, residents or property, as determined by the Student Housing Coordinator or designee, must be removed within seven (7) calendar days (1 week) of notification. If NMJC Public Safety personnel determine an animal poses an immediate threat, animal control may be summoned to remove the animal. If the behavior of an animal can be addressed by the Owner and the Owner can change the behavior of an animal so the pet does not have to be removed, then a written action plan must be submitted by the Owner. The action plan must outline the action to take place to alleviate the problems, and must give a deadline as to length of time the plan will take to complete. Any action plan must meet the approval of the Student Housing Coordinator or designee. The day after the deadline for removal from the apartment, Campus Housing Staff will do a residence hall room or apartment inspection to check damages and infestation and then the mandatory cleaning and extermination will be scheduled. Any animal Owner found not adhering to the removal directive will be subject to disciplinary action, which could include contract cancellation.
      • An animal must not be involved in an incident where a person experiences either the threat of or an actual injury as a result of the animal’s behavior. The animal Owner will take all reasonable precautions to protect College staff and residents, as well as the property of the College and of the residents.
      • The Owner will notify Campus Housing staff via the hall office if the animal has escaped its confines and is unable to be located within eight (8) hours.
      • All liability for the actions of the animal (bites, scratches, etc.) is the responsibility of the Owner. Violations concerning any of the aforementioned may result in the resident having to find alternative housing off-campus for the animal and, as warranted, may also result in a resident being in breach of their housing contract.
  3. The Owner is required to ensure the animal is well cared for at all times. Any evidence of mistreatment or abuse may result in immediate removal of the Assistance Animal and/or discipline for the responsible individual.
  4. NMJC will not ask for or require an individual with a disability to pay a fee or surcharge for an approved Assistance Animal.
  5. An individual with a disability may be charged for any damage caused by his or her Assistance Animal beyond reasonable wear and tear to the same extent that it charges other individuals for damages beyond reasonable wear and tear. The Owner’s living accommodations may also be inspected for fleas, ticks or other pests if necessary as part of the College’s standard or routine inspections. Whenever College personnel enter the Owner’s living accommodations to perform any inspections or work orders, the Owner shall remove the Assistance Animal to another room and shall secure the Assistance Animal in a kennel or other similar restraint. The College shall have the right to bill the Owner’s account for unmet obligations under this Provision.
  6. The Owner must fully cooperate with College personnel in regard to meeting the terms of this Policy and developing procedures for care of the animal (e.g., cleaning the animal, feeding/watering the animal, designating an outdoor relief area, disposing of feces, etc.).
  7. Assistance Animals may not be left overnight in College Housing to be cared for by any individual other than the Owner. If the Owner is to be absent from his/her residence hall overnight or longer, the animal must accompany the Owner. The Owner is responsible for ensuring that the Assistance Animal is contained, as appropriate, when the Owner is not present during the day while attending classes or other activities.
  8. The Owner agrees to abide by all equally applicable residential policies that are unrelated to the individual’s disability such as assuring that the animal does not unduly interfere with the routine activities of the residence or cause difficulties for individuals who reside there.
  9. The animal is allowed in College housing only as long as it is necessary because of the Owner’s disability. The Owner must notify Accessibility Services in writing if the Assistance Animal is no longer needed or is no longer in residence. To replace an Assistance Animal, the new animal must be necessary because of the Owner’s disability and the Owner must follow the procedures in this Policy and the Reasonable Accommodation Policy when requesting a different animal.
    • Cleaning and Damages
      • When the resident moves out of his/her apartment or residence hall room, or no longer owns the animal, the apartment or residence hall room will be assessed to determine if damage to department property can be attributed to the animal. Campus Housing maintains the right to conduct apartment or residence hall room inspections for the purpose of assessing damage caused by the animal or otherwise determine the resident’s compliance with this procedure.
      • The animal Owner has an obligation to make sure that the apartment or residence hall room is as clean as the original standard. If the apartment or room has carpeting, this also includes regular vacuuming and spot cleaning. Damages and extraordinary cleaning caused by the animal are the responsibility of the resident. Replacement or repair of damaged items will be the financial responsibility of the Owner and assessed by members of the Campus Housing staff.
  10. NMJC personnel shall not be required to provide care or food for any Assistance Animal including, but not limited to, removing the animal during emergency evacuation for events such as a fire alarm. Emergency personnel will determine whether to remove the animal and may not be held responsible for the care, damage to, or loss of the animal.
  11. The individual must provide written consent for Accessibility Services to disclose information regarding the request for and presence of the Assistance Animal to those individuals who may be impacted by the presence of the animal including, but not limited to, Campus Housing personnel and potential and/or actual roommate(s)/neighbor(s). Such information shall be limited to information related to the animal and shall not include information related to the individual’s disability.

Removal of Assistance Animal

  1. The animal poses a direct threat to the health or safety of others or causes substantial property damage to the property of others.
  2. The animal’s presence results in a fundamental alteration of a College program.
  3. The Owner does not comply with the Owner’s Responsibilities set forth above.
  4. The animal or its presence creates an unmanageable disturbance or interference with the The College Community

The Owner shall report to Accessibility Services any instances in which the Assistance Animal has acted in an aggressive manner towards others, bitten or injured any person within 24 hours of any such occurrence. 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 Accessibility Services and may be appealed to the College’s Director of Administrative Services following the procedure set forth in Paragraph five (5) of the Reasonable Accommodation Policy. The Owner will be afforded all rights of due process and appeal as outlined in that process.

Should the Assistance Animal be removed from the premises for any reason, the Owner is expected to fulfill his/her housing obligations for the remainder of the housing contract.

Non-retaliation Provision

NMJC will not retaliate against any person because that individual has requested or received a reasonable accommodation in College housing, including a request for an Assistance Animal.