[Georgia_ahead] FW: Request for a companion animal in the residence hall

[Bonnie Martin]

There has been a lot of back and forth over the years regarding this
subject on the dsshe-list.  I noticed where Michael Masinter has a
teleconference on this with Janie Jarrow --- the subject is something
like.. why you do NOT need a policy on companion/service animals in the
dorm..

 

He makes a lot of sense in the below posting after others sent in quotes
from HUD, OCR, etc. As with all we do..it depends.

 

Bonnie Martin

Georgia Perimeter College

 

________________________________

From: Disabled Student Services in Higher Education
<DSSHE-L at LISTSERV.BUFFALO.EDU> [mailto:Disabled Student Services in
Higher Education <DSSHE-L at LISTSERV.BUFFALO.EDU>] On Behalf Of Michael
MASINTER <masinter at NOVA.EDU>
Sent: Thursday, September 13, 2007 2:02 PM
To: DSSHE-L at LISTSERV.BUFFALO.EDU
Subject: Re: Request for a companion animal in the residence hall

 

Rather than treat this request as an occasion to rehash arguments over
the 
differences between companion animals and service animals, or between
the 
differences between how DoJ and HUD may differ over the similar 
requirements flowing from the ADA and the FHA, why not just treat this
as 
an unusual request for an accommodation, and, like any unusual request, 
examine it closely to see how well supported the link is between the 
impairment and the requested accommodation? 

Which came first -- the kitten or the letter from the mental health 
counselor? Did the mental health counselor prescribe a kitten as therapy
for PTSD? Or did the student get a kitten, and then get a letter from
the 
mental health counselor? Particularly if the latter turns out to be the 
case, what, exactly, are the credentials of the licensed mental health 
counselor? Upon what basis does the mental health counselor conclude
that 
a kitten is a necessary part of the treatment for PTSD? 

Although there may be appropriate circumstances for waiving a no pets
rule 
for a student with an emotional support animal, don't assume that this
is 
one without more information than it sounds like you have. 

Michael R. Masinter 3305 College Avenue 
Professor of Law Fort Lauderdale, FL 33314 
Nova Southeastern University (954) 262-6151 (voice) 
Shepard Broad Law Center (954) 262-3835 (fax) 
masinter at nova.edu Chair, ACLU of Florida Legal Panel 

On Wed, 12 Sep 2007, Bobby Hiep Bui wrote: 

> Hello All 
> 
> We just received a request from a student with a severe case PTSD and 
> Depression to bring her recently adopted kitten into the dorms. She 
> currently lives in a singe room with its own bathroom. Her licensed 
> mental health counselor wrote a letter stating that kitten reduces her
> anxiety and is a necessary part of her treatment. He also states that 
> she currently poses no danger to herself or others and is stable
enough 
> to continue her studies. We have "no pets" policy her at SVA and have 
> never allowed for companion animals at our institution. 
> 
> We suggested that the student move out of the dorms and find more 
> suitable housing. We offered to end her housing contract without 
> penalty. The student replied by saying she cannot afford to move. 
> 
> My question to the group is what has been your reasoning for denying a
> companion animal request? Do you tell the student that after reviewing
> all her documentation that the request is unreasonable and therefore 
> being denied? Are there legal ramifications? 
> 
> For those who have honored request for a companion animal in residence
> halls. What factors lead you to make this decision? 
> 
> I have read through many documents and postings but most are general
and 
> not anecdotal. I looking for feedback regarding actual cases of 
> honoring or denying requests for companion animals in the residence
halls. 
> 
> Thank you ahead of time for assistance. 
> 
> Bobby Bui, MA 
> Disability Services Coordinator 
> School of Visual Arts 
> New York, NY 
> > 
> > 
> 
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This list is intended to serve as a forum for higher education
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disabilities in higher education. Any commercial posts or posts that are
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the poster being removed from the list. 

To sign off the list, send a message to 
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