I. Summary
Ringling College prohibits animals in any College-controlled buildings, except for those animals that are specifically exempted by this policy. In addition, while on College-controlled property, animals must be attended and restrained at all times.
II. Purpose
While Ringling College appreciates the special nature of the owner-pet relationship, the College is a workplace and residence for many people and the welfare of the entire community must be considered paramount. The College recognizes that animals have the potential to impose on the safety, health, personal well- being and comfort of faculty, staff, students, and visitors as well as the sanitation, housekeeping and physical condition of the College-controlled buildings and property. Animals are restricted on College-controlled property to provide a safe and healthful environment for members of the Ringling College community to study, work, and live; to preserve the integrity of its grounds, buildings, and other property; and to comply with all applicable laws and regulations.
III. Policy Statement
The College prohibits individuals from bringing dogs, cats, or other pets and animals inside any College-controlled buildings, except for those animals that are exempted from this policy. In addition, while on College-controlled property, animals must be attended and restrained at all times.
This policy applies to all College-controlled buildings, grounds, and spaces. This includes, but is not limited to, such facilities as classrooms, libraries, studios, food service areas, private offices, administrative spaces, or public access areas.
The College may require any person with an animal to remove the animal from College-controlled property. In the event a visitor who is not a regular member of the Ringling College community brings an animal or pet onto College-controlled property, these animals are prohibited from College-controlled buildings, unless exempted by this policy. Any dog, cat, or other animal brought to College-controlled property must be licensed and fully inoculated in accordance with local regulations, with the burden of proof on the owner to demonstrate their compliance. Fecal matter deposited by any dog, cat, or other animal brought to College-controlled property must be removed immediately and disposed of properly by the owner. If the owner is personally unable to perform this task, the burden is on the animal owner to arrange for removal of fecal matter. Animal owners are responsible for any damage caused by their pets.
When Public Safety observes or is made aware of an unrestrained or unattended animal, a reasonable attempt will be made to locate the animal’s owner. Public Safety will remind pet owners of the policy and ask that the animal be taken home. If attempts to locate the owner are unsuccessful, the office will arrange to have the animal removed from College property.
Whenever possible, Public Safety will use a no-kill pet shelter for relocating stray animals.
Faculty, staff, and students who fail to comply or who interfere with the implementation of this policy, will be subject to disciplinary action in accordance with the appropriate disciplinary procedures for employees and students.
To report a violation of this policy, contact the Office of Public Safety at (941) 359-7500.
IV. Exemptions
- Animals used for approved educational purposes. Approval by the Vice President for Academic Affairs is required according to the procedures below.
- Service Animals performing their duties (see definition) (procedures can be found in Procedures for Service Animals and ESAs)
- Service Animals-in-training participating in Ringling College’s approved programs (see definition) (procedures can be found in Procedures for Service Animals and ESAs)
- Emotional Support Animals (procedures can be found in Procedures for Service Animals and ESAs)
- One-Time events involving animals. Approval by the Vice President for Student Life is required, according to the procedures below.
V. Procedures for Requesting an Exemption for Educational Purposes
Exemptions must be registered by the requestor with the Office of Public Safety. Owners of animals approved for an exemption will be required to provide a Veterinarian Verification showing proof of up-to-date inoculations. To be granted such an exemption, an individual must make a specific request by filling out a Request for Animal On Campus Form.
One-time exemptions may be granted by the Vice President for Student Life for events involving animals.
Individuals seeking permission to have an animal for educational purposes in the degree program or the non-degree programs should contact the Office of Academic Affairs for approval by the Vice President for Academic Affairs.
Other inquiries should be directed to the Vice President for Student Life.
Exemptions must be approved by the Vice President of Student Life or the Vice President of Academic Affairs, and registered with the Office of Public Safety.
Procedures for Service Animal or Emotional Support Animal owners/handlers seeking exemption as a reasonable accommodation for a disability are described in the Service Animal and Emotional Support Animal Procedures.
VI. Appendix of Definitions
- College-controlled buildings and property: building or property that is owned, operated, or maintained by Ringling College.
- Attended and Restrained: in the immediate vicinity of the owner or handler, and either on a leash of six feet or shorter, in a cage, or in the case of a service animal, voice or signal controlled. To be attended, an animal may not be left fastened to a stationary object.
- College Residential Housing: College housing provided for students including: Goldstein; Appleton, Idelson & Harmon; Keating; Ulla Searing Student Center; The Cove; Roy & Susan Palmer Quadrangle; Bayou Village Apartments; Bridge Apartments; 2409 Bradenton Road; Near Campus Houses.
- Service Animal: as defined by the ADA, any dog (or miniature horse), individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair, fetching dropped items, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, or performing other duties. Crime deterrence, emotional support and/or companionship are not “work” or “tasks” that qualify an animal as a “service animal.” A miniature horse may be a service animal under this policy if (1) the miniature horse is housebroken; (2) is under the owner’s control; (3) the premises or facility can accommodate its type, size, and weight; and (4) it’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility or the program.
- Service Animal In-Training: a dog (or in some cases a miniature horse) that is being trained to serve as a service animal. Service animals in training must already be obedience trained, and undergoing specific training related to the tasks that they will provide. The animal must be housebroken and controlled. A Service Animal In-Training only assumes this title while in the active action of training.
- Emotional Support Animal: animals that provide a sense of safety, companionship, and comfort to those with documented disabilities, and the animal is necessary to afford the person with a disability an equal opportunity to use and enjoy the residential facility.
Service Animal and Emotional Support Animal Guidelines
I. Overview
Ringling College of Art and Design is committed to providing appropriate access to its facilities and programs in compliance with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Fair Housing Act, and applicable state law. These procedures establish the scope of access and procedures for individuals who use service animals, who are accompanied by a service animal in training, and for students living in College housing who require an Emotional Support Animal (ESA) as a reasonable accommodation to a disability.
The College will determine, on a case-by-case basis and in accordance with applicable laws and regulations and these Procedures, whether a service or ESA may be present on College premises as a reasonable accommodation to a disability.
II. Service Animals
- Definition of a Service Animal:
A service animal is defined by law as either a dog or a miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability. The tasks that a service animal is trained to perform must be related to the person’s disability, meaning the animal is trained to take a specific action to assist the person with a disability as necessary. Examples of such work or tasks include, but are not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair, fetching dropped items, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, or performing other duties. Crime deterrence, emotional support and/or companionship are not “work” or “tasks” that qualify an animal as a “service animal.”
A service dog can be any breed or size. It might wear specialized equipment such as a backpack, harness, or special collar or leash, but this is not a legal requirement. Further, presence of such a vest or certificate does not establish that an animal is a service animal. A dog is a service animal only if it provides a specific, demonstrable service to its partner.
Campus personnel who are unsure whether an animal is a service animal should contact the Office of Accessibility Services. Staff there will then determine the animal’s status and may request a meeting with the student to assist in that determination.
A miniature horse may be a service animal under this policy if (1) the miniature horse is housebroken; (2) the miniature horse is under the owner’s control; (3) the premises or facility can accommodate the miniature horse’s type, size, and weight; and (4) the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility or the program.
If an animal meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government or training program. - Allowable inquiry for service animals
College Officials may make inquiries within the parameters allowed by this procedure and in compliance with federal law, to determine if the animal is a service animal and allowed on the premises. When it is not readily apparent what service an animal provides, only limited inquiries are allowed. College officials may ask two questions of a person with a service animal: (1) is the service animal required because of a disability of the handler? (2) What work or task has the service animal been trained to perform.
College officials may not inquire about the disability of the individual with the service animal, require medical documentation, require a special identification card or training documentation, require that the animal wear a vest or other identifier, or ask that the service animal demonstrate its ability to perform the work or task. While it is not required that persons with disabilities (called partner here) register with the Office of Accessibility Services, it is helpful to do so in order for Ringling to best accommodate their needs. It is required that appropriate veterinary documentation of the animal be provided to Residence Life. - Rights of an individual with a service animal.
A qualified service animal is permitted to accompany a person with a disability everywhere on Ringling College of Art and Design campus, including food service areas, except in situations where safety may be compromised or where the service animal may interfere with the fundamental nature of the activities being conducted. Examples may include, but are not limited to, laboratory settings or areas requiring protective clothing. - Service animal etiquette
Partners:
The partner should ensure as much as possible that the service animal does not approach or interfere with other individuals in classes or dining areas or with the personal belongings of others. Except if performing a service directly related to the partner’s disability, dogs should remain quiet on the floor during classes and in dining facilities. If dogs accompany partners to classes, it is particularly important that they remain quiet and still through classes, unless performing services. The service animal must not block identified fire or emergency exits.
The Public:
Faculty members who have questions about the presence or behavior of service animals have been instructed to contact the Office of Accessibility Services, which will then make contact with the animal’s partner and request a meeting if appropriate.
Service animals are not pets, but rather working animals performing an important job. As such, service animals should be left alone (not petted, spoken to, played with, fed) by other members of the community. College personnel- staff and faculty- will make efforts to inform those in their areas of proper service animal etiquette. Partners are encouraged to set their own boundaries through educating the public on proper means of interacting with their service animal as well. - Requirements: safety, care and control of service animals
The following requirements apply to service animals and their partners anywhere on campus, including classrooms and dining areas.
Local ordinances regarding animals apply to service animals, including requirements for immunization, licensing, noise, restraint, at-large animals, and so forth. Dogs must wear a license tag and a current rabies vaccination tag.
The service animal must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. A person accompanied by a service animal may be asked to remove the service animal from Ringling premises if the animal is posing a direct threat to the safety of others, or is out of control and the owner does not take effective action to control the dog.
If the animal is not housebroken, a partner may be asked to remove the service animal from Ringling premises. The animal must be trained to eliminate waste at appropriate times and places. A partner is responsible for cleaning up the animal’s feces. The partner should always carry equipment and bags sufficient to clean up and properly dispose of the animal’s feces. Partners who are not physically able to pick up and dispose of feces are responsible for making all necessary arrangements for assistance.
The college is not responsible for these services.
A partner may be asked to remove a service animal from Ringling premises if the animal is disruptive. Examples include, but are not limited to, barking other than for warning or protection, running around uncontrolled, or otherwise creating a nuisance through behavior that is not necessary to provide the service required by the owner.
The service animal must be clean and in good health and must be free of fleas and external parasites. The owner/partner of a service animal must abide by current city ordinances regarding vaccination and waste clean-up and removal. For example, this includes but is not limited to Fla. Stat. § 828.30 (2016), which lists requirements for rabies vaccination of dogs, cats, and ferrets. It is the responsibility of the owner/partner of the service animal to know about and comply with these ordinances. - Responsibility for damages caused by service animals
Individuals with service animals may not be treated less favorably than other individuals on the premises or participating in an activity, and may not be charged an extra fee for their animal to accompany them. However, if damage is caused by a service animal, the individual may be required to cover the costs of repairs.
III. Emotional Support Animals
- Definition of Emotional Support Animal.
ESAs provide emotional comfort or support by their mere presence, but are not specifically trained to do work or perform tasks for the benefit of an individual with a disability. - Distinction between a Psychiatric Service Animal and ESA
There is a legal distinction between psychiatric service animals and ESAs.
A dog trained to sense an impending anxiety attack and to take a specific action to help mitigate its impact, such as reminding an individual to take their medication or to get to a safe place to avoid injury, would qualify as a service animal.
Alternatively, if the dog’s mere presence provides comfort during an anxiety attack rather than a specific action, it is not offering a service, and would thus fail to meet the definition of a service animal. This animal may, however, qualify as an ESA. When Service Animals In Training are not actively being trained, they are not Service Animals in terms of Residence Life Housing, and must be a prescribed Emotional Support Animal to meet qualifications for campus residence, and be an approved Emotional Support Animal through Student Access Services and Residence Life. - General provisions for Emotional Support Animals in College residential housing
ESAs may be allowed in College Residential Housing if the animal is necessary to allow a student with a disability to have equal access to the on-campus housing opportunities provided to all students. Unlike service animals, ESAs are not permitted in any area other than the student’s on-campus residence (bed space) and immediate surrounding area, when necessary to walk a dog for example. ESAs are not allowed in other College buildings, including academic buildings, the Student Center, or other facilities and buildings of the College. ESAs in the classroom may be considered as a reasonable accommodation, but must be requested and granted based upon an individualized assessment. - Safety, care and control of Emotional Support Animals
Consistent with federal and state law, an ESA may be prohibited from Ringling Residential Housing, as well as any other property of the College, if the animal’s behavior poses a direct threat to the health or safety of other members of the Ringling community or to visitors. An animal may also be excluded if its presence fundamentally alters the nature of a program or activity, if the animal is disruptive, if the animal causes physical damage to Ringling property or the property of others, or if it substantially interferes with the reasonable enjoyment of residential housing by other students or visitors.
The student in Ringling housing who is the owner of the ESA is at all times responsible for the behavior and care of the animal, including state and local requirements regarding vaccination and licensure if applicable, leash control, animal health, clean up and appropriate disposal of all waste, noise or other disturbances caused by the animal.
The owner is at all times responsible to ensure that the animal is securely restrained in a manner that will not cause the animal harm, or cause the animal to act in a disruptive manner. When the owner is away from the residence hall or facility, the owner must ensure that the animal has adequate food and water. ESAs may not be left unattended for periods of time that may jeopardize the health or well-being of the animal or put others at risk. ESAs may never be left unattended overnight and may not be left in the residence halls over break weeks or other times that the residence halls are closed. Owners of Emotional Support Animals may not appoint others on Ringling College's campus to care for the animal in the owners absence.
IV. Conflicting disabilities or rights
A service animal may not be excluded solely because another individual attending an event or using a publicly accessible facility or space of the College has a fear of the service animal or an allergy or a religious or cultural objection to the animal.
Efforts must be made to accommodate the needs of both individuals, such as arranging for seating in different areas.
To limit exposure to pet dander in dormitories to students with allergies, as well as to balance the needs of students who have other objections to living near animals with the needs of individuals with disabilities, specific residential halls have been designated for individuals residing with service or ESAs.
V. Owner dog bite liability
Florida law, Fla. Stat. § 767.04 (2016), establishes dog owner liability for damages to persons bitten as follows:
“The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”
This means that the owner of a dog can be successfully sued by someone their dog bites, regardless of what precautions the owner took to prevent the bite from happening, or whether the owner had any reason to know of the dog’s propensity to bite. Even an owner taking extreme safety precautions, whose dog has never before bitten any person or remotely showed any signs of viciousness, will still be successfully sued if their dog bites another person.
Because of the potential financial cost that a lawsuit might present, and the ease with which a dog-bite victim can establish a successful case under this statute, it is highly recommended that students bringing dogs to campus purchase some sort of liability insurance policy.
VI. Animal cruelty: compliance with Florida statute, wellness checks
Abandonment, neglect, and mistreatment of any animal by any member of Ringling College will not be tolerated. No warnings will be issued. In the case of abuse, the animal will be removed from the situation in order to prevent contact with the person(s) responsible for the abuse. These actions will be subject to disciplinary response. To ensure the safety and well-being of animals on campus, periodic wellness checks will be conducted by College officials. These checks will consist of the following:
- A College official will arrive to the dorm of the student residing with either a service or ESA.
- The student will allow the College official entry into the dorm to check that the area is being kept in a sanitary state, that the animal is not living in filth, and that the animal is being properly cared for.
- The College official will see the animal, allowing the opportunity to assess for any clear indicators of abuse or neglect, as well as to ensure that the animal is still, in fact, living in the approved dorm and has not been abandoned.
Procedures
I. Service Animals
- Definition of a Service Animal:
A service animal is defined by law as either a dog or a miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability. The tasks that a service animal is trained to perform must be related to the person’s disability, meaning the animal is trained to take a specific action to assist the person with a disability as necessary. Examples of such work or tasks include, but are not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair, fetching dropped items, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, or performing other duties. Crime deterrence, emotional support and/or companionship are not “work” or “tasks” that qualify an animal as a “service animal.”
A service dog can be any breed or size. It might wear specialized equipment such as a backpack, harness, or special collar or leash, but this is not a legal requirement. Further, presence of such a vest or certificate does not establish that an animal is a service animal. A dog is a service animal only if it provides a specific, demonstrable service to its partner. Campus personnel who are unsure whether an animal is a service animal should contact the Office of Disability Services. Staff there will then determine the animal’s status and may request a meeting with the student to assist in that determination.
A miniature horse may be a service animal under this policy if (1) the miniature horse is housebroken; (2) the miniature horse is under the owner’s control; (3) the premises or facility can accommodate the miniature horse’s type, size, and weight; and (4) the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility or the program.
If an animal meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government or training program. - Procedures for Service Animal Requests
Student requests for disability accommodations, including requests to have a service animal accompany a student on campus and/or in classrooms or other programs of the College or to have a service animal live with a student in College housing should follow the procedures for determination of reasonable accommodations for students.
Students who are training a service animal and wish to have the animal accompany them on campus and/or in classrooms or in College Residential Housing as part of the training must register the animal with the Office of Disability Services. Service animals in training are already obedience trained and are undergoing specific training related to the tasks they will provide, and are only labeled Service Animal in training when actively training.
II. Emotional Support Animals
- Definition of Emotional Support Animal
ESAs provide emotional comfort or support by their mere presence, but are not specifically trained to do work or perform tasks for the benefit of an individual with a disability. - Obtaining approval to reside with an Emotional Support Animal
In order for the Office of Accessibility Services to consider eligibility of an ESA, students must submit an ESA request form along with documentation verifying (1) the student has: a disability, (2) the animal is necessary to afford the student an equal opportunity to use and enjoy a dwelling, and (3) there is an identifiable relationship or nexus between the documented disability and the assistance the animal provides. This documentation can be requested from Student Access Services.- Documentation requirements
Students must register with the Office of Accessibility Services at the Goldstein Library. The student will be required to provide the office with documentation from a qualified health provider that the student has a disability for which the animal is needed and how the animal provides support that alleviates at least one of the identified symptoms or effects of an existing disability. There are exclusions to certain types of animals that Ringling will permit as an Emotional Support Animal.
Such documentation must be provided by a licensed mental health provider or physician with a thorough understanding of the student’s health history, with a thorough understanding of the following:- The student’s mental health history; which demonstrates that the ESA is part of an ongoing treatment plan and addresses the standards identified by the Fair Housing Act.
- The professional literature concerning the therapeutic benefits of ESAs for individuals with disabilities.
Attention: Incoming students looking for off-campus providers for an ESA letter should acquire this documentation from theirhome provider before coming to campus. The therapist cannot be someone who does not have a history and thorough understanding of their mental health.
Reports must be on letterhead, typed, dated, and have the original signature of the evaluator. Reports must also include the full name of the student and reflect the following:- There is a medically diagnosed disability (substantial limitation to a major lifeactivity).
- The animal is necessary to afford the person with a disability an equal opportunity to use and enjoy the dwelling.
- There is an identifiable relationship or nexus between the disability and the assistance that the animal provides.
Students applying for an ESA are required to complete a Housing Request Form and meet with the Office of Accessibility Services prior to the Housing Request Deadlines. Timely requests for accommodations allow Ringling to better accommodate student needs.
While requests for accommodations submitted after these dates will be accepted and considered, it cannot be guaranteed that the College will be able to meet late applicants’ accommodation needs, including those which may develop during the course of the semester.
All students approved for an ESA are required to complete subsequent housing procedures.
Furthermore, students approved for an ESA are required to attend an orientation training regarding their rights and responsibilities on campus.
For new incoming students for the Fall semester, the deadline for submission of required documentation is May 1. Requests after that date will be subject to availability.
- Steps for requesting to reside with an Assistance Animal:
- Register with the Office of Accessibility Services in the Goldstein Library. The student will be required to provide documentation in compliance with the above guidelines. Accessibility Services will determine whether the documentation is sufficient and may request further information from a clinician and/or the student. Documentation deemed sufficient will be forwarded to the Associate Dean of Students for Residence Life for review and potential housing assignment.
- Meet with an Accessibility Services staff member to review any pertinent campus-wide policies that may relate to the animal. This includes a mandatory orientation training session.
- Review and sign the Service or ESA Agreement.
- Provide evidence that the animal is in good health, and has been vaccinated against diseases common to that breed of animal as recommended by the American Veterinary Medical Association, and according to Florida and Sarasota County Ordinances. Veterinary records attesting to that fact must be submitted and approved by the Associate Dean of Students for Residence Life prior to the animal taking residence.
- Meet with a Residence Life staff member prior to the animal taking occupancy in order to review the agreement and expectations.
- Documentation requirements
III. Appeals and Reports
College Officials may make inquiries within the parameters allowed by this procedure, to determine if the animal is an assistance animal and allowed on the premises. College Officials may also make decisions related to whether an individual with an assistance animal may be asked to remove or restrain an animal.
If an individual with an assistance animal is denied access to a College facility or program, or asked to remove an animal, and disagrees with the decision, appeal of the decision may be made to the following College officials or their designee: Vice President for Human and Organizational Development if the individual is a visitor (non-affiliate of the College) or if the individual is a faculty or staff member of the College; and to the Vice President for Student Life and Dean of Students if the individual is a student.
The reviewing office or designee shall determine whether the initial decision was based on legitimate health, safety or programmatic concerns. The reviewing official or designee will also determine whether modifications to the restrictions initially imposed are possible to meet the needs of the individual with the service animal without unduly interfering with the legitimate health, safety or programmatic needs of the College.
Any person who believes a decision to restrict or deny public access to a person with an assistance animal is discriminatory based on a disability may make a Report to Vice President for Human and Organizational Development, using the procedures set out in the Non-Discrimination Policy.