An Emotional Support Animal (ESA) is an animal whose presence ameliorates the effects of a mental health disability. Unlike service animals, which are individually trained to perform specific tasks for an individual with a disability, ESAs generally provide therapeutic benefit through their presence and interaction with the individual. ESAs are not pets.

The presence of an ESA is considered a housing accommodation because it modifies NIACC’s general prohibition on animals in student housing. All policies and procedures applicable to housing accommodations also apply to ESA accommodations.

No ESA may be brought into or kept in NIACC housing prior to receiving formal approval as a reasonable accommodation through the process outlined in this policy.

Animals found in residence prior to approval must be removed immediately. Failure to comply with this requirement may result in conduct action under the Student Code of Conduct, applicable housing sanctions, and a charge of $100 per day for maintaining an unapproved animal in campus housing.

Approval Process

Approval for an ESA in residence is a three-step process.

Step 1: Registration with NIACC Disability Services (NDS)

The student must register with NDS and establish eligibility for accommodations based on a documented disability.

Step 2: Establishing Disability-Related Need

The student must establish a disability-related need for an ESA as a housing accommodation.

Step 3: Approval of a Specific Animal

NIACC must evaluate and approve a specific animal for residence in campus housing.

Approval of an accommodation does not automatically constitute approval of a particular animal. NIACC reserves the right to determine whether a requested animal is appropriate for the campus housing environment and may require consideration of an alternative animal when necessary.

Generally, ESAs approved to reside in NIACC housing are dogs or cats. Requests for other commonly domesticated animals will be considered on a case-by-case basis.

NIACC will accept and consider requests for an ESA at any time.

Students are strongly encouraged to submit requests at least sixty (60) days before their anticipated move-in date to allow sufficient time for review and implementation. Requests received fewer than sixty (60) days before move-in, or after a housing term has begun, will be reviewed as promptly as possible; however, NIACC cannot guarantee implementation during the current housing term and, in some cases, accommodation may be delayed until the next term.

Disability Services is responsible for receiving accommodation requests, reviewing documentation, determining eligibility for an ESA accommodation, and evaluating requests for specific animals.

Campus View Housing personnel are responsible for implementing approved housing accommodations, monitoring compliance with housing policies, and addressing housing-related concerns involving approved ESAs.

Disability Services and Campus View Housing will collaborate as necessary to address concerns involving approved ESAs and to ensure accommodations are implemented in a manner that balances the needs of all residents.

An approved ESA is permitted only within the student’s assigned residential living space and areas necessary for entering, exiting, and providing natural relief for the animal.

ESAs are not permitted in other areas of the College, including but not limited to classrooms, laboratories, libraries, dining facilities, athletic facilities, administrative offices, student centers, or other campus buildings, unless separately authorized by NIACC.

When an ESA is approved, NIACC may notify prospective or current roommates and other affected housing residents of the presence of the animal, consistent with applicable privacy requirements. Information regarding a student’s disability will not be disclosed.

If a roommate or neighboring resident raises concerns regarding allergies, animal-related fears, or other housing impacts, Disability Services and Campus View Housing will work collaboratively with affected individuals to identify reasonable solutions. NIACC reserves the right to reassign housing when necessary to address competing accommodation needs.

If an ESA is removed from campus housing for any reason, the student remains responsible for fulfilling all obligations under the housing contract.

Students approved to have an ESA must comply with all applicable federal, state, county, and local laws and ordinances related to animal ownership, including licensing, vaccination, registration, and animal control requirements.

Because NIACC housing is located within the City of Mason City, students are responsible for complying with applicable City of Mason City animal control requirements. Any costs associated with compliance are the responsibility of the student.

NIACC may require documentation demonstrating compliance with applicable laws and regulations.

Generally, only one ESA will be approved for a student and only one animal may reside within a housing unit.

Dogs and cats approved as ESAs are generally expected to be at least one year of age and spayed or neutered. Exceptions may be considered on a case-by-case basis.

In determining whether a specific animal is appropriate for residence in campus housing, NIACC may consider whether:

• The required cage, crate, or enclosure is too large for available housing space.
• The animal’s presence would create significant concerns for another resident, including documented allergies or animal-related fears.
• The animal would create excessive noise, odor, or other disruptions.
• The animal is not housebroken or cannot live reasonably in a communal environment.
• The animal presents health concerns, zoonotic disease risks, or containment concerns that cannot be adequately mitigated.
• Required vaccinations are not current.
• The animal poses or has posed a direct threat to the health or safety of others.
• The animal has caused or is likely to cause substantial property damage beyond normal wear and tear.

The Owner is solely responsible for the care, supervision, and control of the ESA.

The Owner must:

1. Maintain the animal in compliance with all applicable laws and regulations.
2. Ensure the animal is well cared for at all times.
3. Clean up and properly dispose of animal waste.
4. Use designated animal relief areas provided by NIACC.
5. Cooperate with NIACC personnel regarding implementation of this policy.
6. The Owner is responsible for ensuring that the ESA does not disrupt the residential environment or interfere with the rights of other residents.
7. Notify Disability Services in writing if the ESA is no longer needed or no longer resides on campus.
8. Submit a new request if seeking approval for a different ESA.
9. Understand that disclosure of information regarding the presence of the ESA to individuals impacted by the accommodation will occur.
10. Sign an ESA Agreement acknowledging receipt of and compliance with this policy.

The Owner is financially responsible for:

• Damage caused by the animal beyond normal wear and tear.
• Costs associated with pest treatment resulting from the animal’s presence.
  • The Owner’s living accommodations may be inspected for fleas, ticks or other pests and the Owner will be billed for the expense of any pest treatment beyond general residence hall maintenance.
• Boarding, transportation, or removal costs incurred because of the animal.
• Other expenses resulting from the animal’s presence in housing.

Any evidence of mistreatment, neglect, or abuse of the ESA may result in removal of the animal and/or referral through applicable student conduct processes.

The ESA must be under the Owner’s control at all times.

When the Owner is not present, the ESA must be secured in an appropriate crate, cage, carrier, or enclosure. NIACC reserves the right to inspect such enclosures.

The animal, cage, crate, carrier, or related accessories may not be cleaned in communal bathroom facilities.

When outside the student’s assigned residence for natural relief purposes, the ESA must be controlled by a leash, harness, carrier, or similar restraint.

If an animal is found running at large, the animal is subject to capture and confinement and immediate removal from NIACC housing.

ESAs may not be left overnight in campus housing under the care of another student or resident.

If the Owner will be absent overnight or longer, the ESA must be removed from campus housing.

The Owner remains responsible for ensuring appropriate care and supervision whenever the animal is temporarily off campus.

The Owner must identify an emergency contact who does not reside in NIACC housing and who is willing and able to assume responsibility for the ESA if the Owner becomes unable to care for the animal.

The emergency contact must be able to remove the animal from campus within twelve (12) hours of notification.

If the emergency contact is unavailable or unwilling to assume responsibility for the animal, NIACC may arrange boarding or other appropriate care at the Owner’s expense.

The Owner remains responsible for making appropriate arrangements for the care of the ESA during emergencies and other circumstances in which the Owner is unable to care for the animal.

NIACC personnel are not responsible for providing care, food, supervision, transportation, or other services for an ESA. During emergencies, evacuation and emergency personnel will determine whether circumstances permit the evacuation of an ESA and are not responsible for the care, injury, loss, or death of the animal.

NIACC will not charge a fee, deposit, or surcharge solely because a student has an approved ESA.

However, students remain financially responsible for damages, pest treatment, cleaning costs, boarding costs, and other expenses resulting from the animal’s presence.

NIACC may require removal of an ESA if:

• The animal poses a direct threat to the health or safety of others.
• The animal causes substantial property damage.
• The animal is not housebroken.
• The animal’s presence fundamentally alters a NIACC program or service.
• The Owner fails to comply with this policy.
• The animal creates an unmanageable disruption or interference within the housing community.

Removal decisions will be based on the specific behavior of the animal and not on speculation, stereotypes, or generalized fears.

Whenever possible, removal decisions will be made in consultation with Disability Services.

If removal is required and the Owner fails to comply within twenty-four (24) hours, NIACC may arrange for the animal to be removed to an appropriate shelter, boarding facility, or other suitable location at the Owner’s expense.

Violations of this policy may result in conduct action under the Student Code of Conduct.

Examples include, but are not limited to:

• Bringing an animal into housing without approval.
• Failing to comply with removal directives.
• Allowing an animal to run at large.
• Failing to properly care for the animal.
• Failing to comply with applicable laws or regulations.
• Providing false information during the accommodation process.
• Repeated violations of Owner responsibilities.

Under the Fair Housing Act, NIACC may request reliable documentation when a disability-related need for an ESA is not readily apparent or otherwise known.

Documentation obtained solely through websites that sell ESA letters, registrations, certifications, or licenses without a meaningful professional relationship or individualized assessment may not, by itself, constitute sufficient documentation of disability or disability-related need.

Appeals and complaints arising under this policy shall be handled under NIACC’s Grievance Procedure for Students with Disabilities.

Students will be afforded all rights of due process and appeal available through that process.

If an ESA has been excluded from housing, the animal must remain off campus during any appeal process unless otherwise authorized by NIACC.

NIACC prohibits retaliation against any individual for requesting, receiving, using, supporting, or participating in the accommodation process for a reasonable accommodation, including an ESA.

Individuals who believe they have experienced retaliation may utilize the procedures outlined in NIACC’s Grievance Procedure for Students with Disabilities.