Assistance Animals

Frequently Asked Questions 

What does the law say about assistance animals? 

Americans with Disabilities Act(s) 

Americans with Disabilities Act of 1990 (ADA), and the Amendments Act of the Americans with Disabilities Act (ADAA) of 2008 defines a Service Animal as a dog individually trained to do work or perform tasks for the benefit of a person with a disability, including physical, sensory, psychiatric, intellectual, or mental disability. In the ADAA of 2008, it was clarified that anxiety and seizure disorders are disabilities. Hood College, as a private college, must provide equal access to postsecondary students with disabilities. Title II of ADA covers a publicly-funded university, community college or vocational program. Title III of ADA covers privately-funded schools. Title I cover employees at Hood College. The ADA does state that “accommodations and modifications of policies and practices are not required when it would fundamentally alter the nature of the service, program, or activity or give rise to an undue financial or administrative burden.” 

Section 504 of the Rehabilitation Act 

Section 504 is a federal law that protects individuals from discrimination based on the student's disability. All public or private colleges and universities that receive federal funding are required under Section 504 of the Rehabilitation Act to make programs accessible to students with disabilities. Fair Housing Act The Fair Housing Act prohibits discrimination of protected classes within various housing transactions, including college dwellings. A group of students, in and of themselves, are not considered a protected class; FHA includes a person with a disability as a protected class.

Fair Housing Act 

The Fair Housing Act prohibits discrimination of protected classes within various housing transactions, including college dwellings. A group of students, in and of themselves, are not considered a protected class; FHA includes a person with a disability as a protected class.

What is a service animal?

The Americans with Disabilities Act (ADA) of 1990 defines a Service Animal as a dog individually trained to do work or perform tasks for the benefit of a person with a disability, including physical, sensory, psychiatric, intellectual, or other mental disability. As defined by ADA regulations (35.136(i)), a trained miniature horse may be used as an alternative to a dog; however, beginning in 2011, only dogs are recognized as Service Animals under Titles II and III of the ADA. (Title II: Covers Public/Government Employers and Employees with Disabilities. Title III: Covers Places of Public Accommodation and Public Areas in Commercial Facilities.) 

The work the Service Animal has been trained to do must directly relate to the person’s disability. This might include tasks like helping a blind or low-vision person with navigation or other tasks or alerting and protecting a person with a seizure disorder or other type of acute-onset medical condition

There are only two ADA-approved questions that may be asked to a person with a service animal: 

1.  Is the animal required because of a disability? 
2. What work or task has the animal been trained to do? 

The person cannot be asked to define his or her disability, provide medical documentation, provide proof of training or ask the service animal to demonstrate its ability to perform the work or task. Service animals are generally permitted in all areas of campus (e.g. residence halls, dining hall, classrooms, etc.)

What is an emotional support animal (ESA)? 

An Emotional Support Animal (ESA), as defined by the Fair Housing Act (FHA), may provide the person, emotional support, calming, stability, and other kinds of support in a housing environment. An ESA is one that is necessary to afford the person with a disability an equal opportunity to engage in residential life on the Hood College campus. The presence of the ESA must be necessary to provide the resident with the disability the use and enjoyment of the dwelling. Under FHA, there must be an identifiable relationship between the student’s disabilities and the assistance or support the ESA provides in a residential setting. 

An ESA is not specifically trained to perform tasks for a person who suffers from disabilities, rather ESA provides comfort and companionship; therefore, ESA’s are not qualified as Service Animals under the ADA. An ESA is can be an animal other than a dog.

Why is it important to know the difference between a service animal and an emotional support animal? 

Students who wish to have a service animal with them in the residence halls must only provide updated medical records each year for the animal. Service animals can travel with students to classes, around campus, and back to the residence halls. ESAs, however, must be approved through the Office of Accessibility services as a reasonable accommodation. Students who wish to have an ESA with them on campus must register and provide supporting documentation for their disability as well as veterinary records for the animal. ESAs must remain in a student's room at all times and are not permitted in residence hall common areas, classrooms, or other campus buildings.  

What veterinary records will you need for my assistance animal? 

All assistance animals will be asked to provide the following: 

Required Veterinary Information for Dogs

• Records must show that the dog is in general good health and has completed their adult vaccinations
• DHLLP vaccination
• Heartworm test
• Rabies vaccination (Tag must be worn at all times)
• Bordatella vaccination
• Flea treatments
• Fecal parasite test 

Additional Requirements for Dogs

• Current license with Frederick County Animal Control (License must be worn at all times)

Required Veterinary Information for Cats

• Records must show that the cat is in general good health and has completed adult vaccinations
• Distemper vaccination
• Calicivirus vaccination
• Rhinotracheitis vaccination
• Rabies vaccination (Tag must be worn at all times)
• Flea treatment 
• Fecal parasite test

Required Veterinary Information for Other Animals

• Records must show that the animal is in good general health
• Animal must have appropriate vaccinations and treatments for that animal type

I have my animal's records but I don't know where to start. 

Whether you have a service animal or are requesting an ESA, please start with this form: 

Accessibility Services Request Form

My request for an ESA was denied and I don't agree with the decision. What can I do? 

Students are able to appeal decisions made through the Office of Accessibility Services by reaching out to Bryan Robinson, Ph.D., Coordinator for Title IX, Investigations, and Campus Accessibility at brobinson@hood.edu.