Center for Equal Access

A disability, as defined by the Americans with Disabilities Amendments Act of 2008, is “a mental or physical impairment that substantially limits one or more major life activities, having a record of such impairment or being regarded as having such impairment.”

• Major life activities that might be impacted by having a disability include, but are not limited to:
  • caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

• This definition also includes anyone with a chronic medical condition that affects the following areas:
  • Immune, Respiratory, Circulatory, Endocrine, Digestive, Reproductive, Neurological, Brain, Normal Cell Growth, Bowel, and Bladder

While every student has challenges, students with a disability, diagnosis or chronic health condition that may impact their living and learning environment should examine what resources and opportunities are available to them to make their transition to college successful. There are some fundamental differences between high school and college, and it is important for you to know and understand these differences. Review the links to the right and the information below as you prepare to transition to college:

• The Differences between High School and College (Word)
• The Differences between High School and College (PDF)

What is an Academic Accommodation?

An academic accommodation is an adjustment to the delivery of course content made for a student with a disability to ensure equal opportunity to complete the outcomes of the course.

• Accommodations include, but are not limited to, access to auxiliary aids and alternative methods participation, assignment completion, or testing.

Related Notes

• Prior or current accommodations in high school or at another college/university do not automatically mean the student will receive any accommodations or the same accommodations at The College of St. Scholastica.
• Faculty and Staff will only provide academic accommodations that are recognized by The College.
• Certain accommodations (e.g. alternative testing, auxiliary aids, consideration for absence or extended time, voluntary note-taker) have additional procedures which must be followed.

Steps to Obtaining an Academic Accommodation:

1. If this is your first time requesting accommodations, go to the New Student Accommodation Request Form. If you are already connected with our office, please submit a supplemental request form in Accommodate.
2. Meet with a staff from the Center for Equal Access. The Center for Equal Access will contact you, once the new accommodation request was received, to schedule a meeting.

What is a Clinical Accommodation?

Clinical Accommodations are accommodations that are put into place in the clinical or field rotation setting.

Steps to Obtain a Clinical Accommodation:

• If this is your first time requesting accommodations, go to the New Student Accommodation Request Form. If you are already connected with our office, please submit a supplemental request form in Accommodate. You will be asked to submit documentation. If you have it upon submission of the request, please do so.
• Meet with a staff from The Center for Equal Access. The Center for Equal Access will contact you, once the new accommodation request is received, to schedule a meeting.
• The Center staff will consult with the program chair or designee to ensure the accommodation request does not fundamentally alter the outcome of the clinical or field rotation.
• The student is notified of the decision. If the accommodation is denied, the student is given a rationale. The Center staff will engage the student in discussing other equally effective accommodations.
• The clinical site is then notified of the student’s accommodation through the program liaison of clinical or field rotations.

What is a Housing Accommodation?

The College seeks to provide housing to students with all abilities and needs and will make necessary adjustments to living environments to students who disclose a disability or medical condition and warrant the adjustment. Housing accommodations may include but are not limited to: a single room accommodation, nut-free living environment, adjustments to the environment.

Timeline and Deadline

Incoming new students: in order to have accommodations considered before placement, all steps for the housing accommodation process need to be completed, including documentation, requests, meeting with CEA and housing contract completed with Residential Life by June 30.

All other requests will be processed on a rolling, first come first serve basis depending on availability.

Steps to Obtain a Housing Accommodation:

• A student must be a person with a disability as defined by the Americans with Disabilities Amendments Act of 2008.
• If this is your first time requesting accommodations, go to the New Student Accommodation Request Form. If you are already connected with our office, please submit a supplemental request form in Accommodate.
• A student must provide proper documentation, the Housing Accommodation Request Form, from a licensed practitioner treating the disability, stating the functional limitations of a disability related to the housing environment. Equally effective documentation may be considered.
  • This completed Housing Accommodation Form must be delivered to the Center for Equal Access via email access@css.edu, confidential fax 218-733-2251 or mail the Center for Equal Access Box 2325 1200 Kenwood Avenue Duluth, Minnesota 55811.
• Once documentation and the accommodations request are submitted, the Center for Equal Access will contact to schedule a meeting. Prior to this meeting you will need to complete a release of information for Residential Life.
• Meet with an Access Specialist from the Center for Equal Access to review their request and documentation.
• Before the accommodations are approved, the Access Specialist will consult with Residential Life. Depending on the circumstances, the request may go to the Access Committee.
• If the accommodation is approved, the student will be notified and will work with the Center and Residential Life for any final steps. If the accommodation is denied, the student will be given a rationale and the right to appeal. The Center will engage the student in discussion of other equally effective accommodations.

What is an Emotional Support Animal Accommodation?

An Emotional Support Animal (ESA), also referred to as an Assistance Animal is an animal that offers assistance, work, perform tasks or services for the benefit of the person with a disability; and/or provide emotional support that alleviates one or more of the identified symptoms. An ESA is NOT considered a service animal. An ESA is protected under the Fair Housing Act, not under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act.

Timeline and Deadline

Incoming new students: to have an accommodation for an ESA in place prior to move in date, all steps for the request need to be completed by June 30. All other requests will be processed on a rolling case-by-case basis. Please be advised that such requests may take up to thirty (30) business days to process.

The animal is not allowed to reside on campus until the request has been approved by both The Center for Equal Access and Residential Life. Having your animal reside on campus prior to approval will require immediate removal of the animal and could result in a Pet Policy fine.

Steps to Obtain an Emotional Support Animal Accommodation:

• A student must be a person with a disability as defined by the Americans with Disabilities Amendments Act of 2008.
• A student must provide proper documentation from a licensed practitioner treating the disability, stating the functional limitations of a disability related to the need for an Emotional Support Animal.
  • The provider can complete our Emotional Support Animal Documentation Form or they can provide alternative documentation that follows the guidelines set by the Guidance on Documenting an Individual’s Need for Assistance Animals in Housing.
  • This completed Emotional Support Animal Documentation Form must be delivered to the Center for Equal Access via email access@css.edu, confidential fax 218-733-2251 or mail The Center for Equal Access Box 2325 1200 Kenwood Avenue Duluth, Minnesota 55811 or by uploading it in Accommodate with your request.
• If this is your first time requesting accommodations, go to the New Student Accommodation Request form. If you are already connected with our office, please submit a supplemental request form in Accommodate. You will need to complete a Release of Information for Residential Life.
• Once Documentation and the accommodations request is submitted, the Center for Equal Access will contact to schedule a meeting.
• After that, if approved, a student must complete additional paperwork with Residential Life prior to bringing the animal to campus.

Steps to Obtain Student Employment Accommodations

A student must be a person with a disability as defined by the Americans with Disabilities Amendments Act of 2008 and have the diagnosis for AT LEAST 6 months.

If this is your first time requesting accommodations, go to the New Student Accommodation Request form. If you are already connected with the Center for Equal Access, please submit a Supplemental form in Accommodate. You will be asked to submit documentation. If you have it upon submission of the request, please upload it with the request. If not, you will be asked to submit it before meeting to review the request.

Once the form is completed and documentation submitted, the student completes an interactive process meeting with an Access Specialist. In that meeting, student employment accommodations are proposed.

The Center for Equal Access staff will consult with Human Resources (HR) and possibly the student’s supervisor to discuss the request.

The student is notified of the accommodation decision.

If approved, the Center will send an accommodation letter to the supervisor and HR. The letter refers the supervisor to HR if there are concerns.

The process of determining appropriate and reasonable accommodations is a three-pronged approach guided by the Association for Higher Education and Disability (AHEAD):

• Student Self-Report: Students will complete a narrative summarizing their understanding of their diagnosis, how it impacts or limits them in the academic or learning environment, and a list of requested accommodations and/or accommodations used in the past.

• Meeting Discussion: The Center for Equal Access (the Center) and students will engage in an in-depth discussion of the self-report. They will review the student’s history with the diagnosis or condition, how it limits them and any other factors that may contribute to the situation.

• Documentation: Documentation may be reviewed by the Center to assist in the determination of accommodations. Documentation and the practitioner must be relevant to the diagnosis/condition; it must include the history or duration, assessment of limitations or major life function based on the diagnosis, and any recommendations of accommodations.

Once this process has been completed, accommodations may be determined.

Documentation may or may not be necessary to put academic accommodations in place. Many students choose to upload documentation when they complete the New Student Accommodation Request Form, but you do not need documentation to explore accommodations. Please complete the online process even if you do not have documentation or your documentation is outdated.

Every student and every request is unique. A conversation about your experiences and expectations will determine if additional information is necessary to support your accommodation request.

IMPORTANT: Please be aware that other universities, testing agencies (which administer standardized tests such as the GRE and NCLEX), Housing/ESA, and Clinical Accommodations may require documentation to receive accommodations.

Documentation Guidelines

Documentation guidelines are set by the Association for Higher Education and Disability and refined to fit the scope of practice of The College of St. Scholastica. The documentation includes:

1. Primary Documentation
   1. Student’s self-report
      1. This form is required for accessing resources and academic accommodations.
2. Secondary Documentation
   1. Observation and interaction of parents, teachers, co-workers.
      1. This may include an IEP or 504 plan.
3. Tertiary, third-party or external documentation
   1. Information from licensed professionals.
      1. This includes psycho-educational evaluations, doctor, psychologists, or therapist recommendations and case notes.

The above documentation must be relevant and speak to the academic accommodations and resources the student is requesting, as well as how major life function is limited by the diagnosis or disability.

It is the policy of The College of St. Scholastica that all otherwise qualified students with disabilities will be given equal educational opportunities in the classroom and other College-sponsored programs and activities, including study abroad programs. The College will ensure that no otherwise qualified student with disabilities will be excluded from participation in, denied the benefits of, or subjected to discrimination in any College class, program, or activity.

Emotional Support Animal (ESA) within The College of St. Scholastica Residential Community Governing Document

The College of St. Scholastica supports students who have a need for a Service Animal or an Emotional Support Animal (ESA). A Service Animal or ESA is an exemption to the College’s Pet Policy for approved animals provided that their behavior, noise, odor and waste do not exceed reasonable standards for a well-behaved animal and these factors do not create unreasonable disruptions for other community members.

Service Animals

In accordance with Title II of the Americans with Disabilities Act, The College of St. Scholastica provides reasonable access for individuals with Service Animals.

A Service Animal is an animal individually trained to do the work or perform tasks for the benefit of an individual with a disability. Service Animals are allowed to accompany the individual into any building or dwelling on campus as long as the animal is housebroken and the owner is able to maintain control of the animal. Failure to meet these expectations may result in the removal of the animal. It is strongly encouraged to meet with a member of The Center for Equal Access to aid in communication with appropriate faculty and staff on campus and notify Director of Residential Life of the presence of Service Animal in residence.

Emotional Support Animals (ESA)

In accordance with the Fair Housing Act, The College of St. Scholastica provides reasonable accommodations for students with Emotional Support Animals while living in the on-campus residence halls and apartments.

An Emotional Support Animal (ESA), also referred to as an assistance animal, is an animal that offers assistance, does work, performs tasks or services for the benefit of the person with a disability and/or provides emotional support that alleviates one or more of the identified symptoms. An ESA is not a Service Animal and is only allowed in a residential dwelling. The animal is not allowed to reside on campus until the request has been approved by both CEA and Residential Life. Preemptively having your animal reside on campus prior to approval will require immediate removal of the animal and could result in a CSS Code of Conduct violation.

For incoming students to have an accommodation for an ESA in place prior to move in date, all steps for the request need to be completed by June 30. All other request will be processed on a rolling case-by-case basis. Please be advised that such requests may take up to thirty (30) business days to process.

The animal is not allowed to reside on campus until the request has been approved by both The Center for Equal Access and Residential Life. Having your animal reside on campus prior to approval will require immediate removal of the animal and could result in a Pet Policy Fine.

Documentation and Process

The Housing and Urban Development and Fair Housing regulations only apply to the housing facilities. ESA’s are only allowed in the resident’s designated bedroom. ESAs are not allowed in other interior public areas on campus. In order for an ESA to be considered a reasonable accommodation, The Center for Equal Access must receive supporting documentation from your healthcare or mental health provider.

The following steps must be completed before an Emotional Support Animal can be brought on campus:

1. Read and fully understand the governing document and all responsibilities associated with ESA ownership
2. Have the healthcare or mental health provider who can best speak to your needs complete the Emotional Support Animal Documentation Form and submit it to The Center for Equal Access
3. Complete the New Student Accommodation Request Form or a Supplemental Request Form in Accommodate
4. Meet with The Center for Equal Access to discuss documentation and responsibilities of an ESA in on-campus housing
5. If the request for an ESA is approved, the following steps should occur in a timely manner:
   1. Residential Life is notified that a student will be approved for an ESA and then Residential Life informs their roommates of the ESA
   2. A roommate Agreement form is initiated by the Owner and completed and signed in consultation with Residential Life and all roommates
   3. The ESA needs to be licensed with the City of Duluth (Duluth City Ordinance and Chapter 6 of the City Code) and have its shots up to date. Please see more information in the Health and Safety of the Animal section below).
   4. An ESA Contract is signed by the student requesting the animal, The Center for Equal Access and a full time professional staff member of Residential Life
6. Once all paperwork is completed and submitted to The Center for Equal Access and Residential Life, the ESA may come on campus. Please notify the Director of Residential Life when you intend to bring the ESA on campus.

Responsibilities of a Resident as an ESA Owner

Caring for the ESA requires responsibility on the part of the owner, who must adhere to guidelines from both the College, City of Duluth Ordinances and State Laws. These policies are in place to ensure a safe and secure environment, not only for residents, but also the quality of life for the ESA.

Residents must comply with all State laws and local animal ordinances, as well as Residential Life policies and guidelines, including by not limited to the following:

Minnesota Animal Cruelty Laws

Residents will provide food, water, shelter and exercise, and will not neglect or abuse the animal nor cause pain, suffering or death.

Additionally, Residential Life policies require that ESA or Service Animals not be left alone for extended periods of time (10 hours consecutively for dogs and overnight for all other animals) in a resident’s room or apartment. In the event that an ESA is left alone in a room or apartment for an extended period of time and is not being properly cared for, Residential Life will contact the resident or the emergency contact to remove the animal. If this is not successful, additional steps may be taken to ensure animal safety.

Local Animal Ordinances

Local ordinances may include species limitations, require municipal licenses and proof of rabies vaccination. Ordinances also state animals must be leashed in all public spaces.

Housebroken

Residents are responsible for cleaning up all ESA waste (both indoors and outdoors) in a timely, effective fashion.

Additionally, the resident shall be fully and solely responsible for the disposal of ESA waste. Animal litter must be placed in a sturdy plastic bag and tied securely before being disposed of in outside trash dumpsters. Litter boxes and food dishes should be placed on mats so that feces and urine are not tracked onto carpeted surfaces. Dog feces must be bagged and discarded in an outdoor garbage receptacle. Failure to dispose of pet waste appropriately could result in a violation of Residential Life Policies.

Caged animals are to be kept in appropriate cages with flooring and liner to prevent any damage to floors and to allow sanitary removal of pet waste.

Residents will be required to pay for any damage and/or excessive cleaning fees caused by the ESA.

Cleanliness

As with all residents, if a room is not properly maintained and is not in “move-in” condition once the resident checks out of their space, additional cleaning charges may be applied to the resident’s Student Account. This includes animal hair, waste, odor, etc. Rooms may be subject to scheduled health and wellness inspections to ensure the living environment is maintained in a healthy manner for both the residents and the ESAs residing in the building.

If fleas, ticks or other pests are detected through inspection, the residence will be treated using approved fumigation methods by a College-approved pest control service. Students will be billed for the expense of any pest treatment above and beyond normal required pest management.

Well-behaved

This generally includes no barking, whining, squawking, scratching, chewing or aggression. The ESA must be under the control of the resident, such as on a leash or in a carrier, when being transported to and from the students room. The resident is responsible at all times for the actions of their ESA.

ESAs shall not disturb, annoy or cause any nuisance to other members of the community. Residents are responsible for any odors, noises, damage or other conduct of their ESA that disturbs others or damages the premises.

Residents that violate this governing document or these obligations may be required to remove the ESA from campus housing. Examples of noise could include loud barking, meowing or squawking heard outside of the individual dwelling.

Per the governing document, ESAs should be caged or kenneled when left in the residence hall room without the owner, specifics can be discussed in the Roommate Agreement with Residential Life.

Healthy

Residents will provide verification of all veterinarian-recommended vaccinations as well as proof of the absence of communicable disease, fleas and parasites (annually or as needed, thereafter). Residents will provide copies of the vaccination record and city license. The College of St. Scholastica reserves the right to request an updated verification at any time during the ESA’s residency.

The Center for Disease Control and Prevention (CDC) indicates that ESA’s should be limited to those that cannot possibly transmit Zoonotic diseases. Zoonotic diseases are infectious diseases that can be naturally transmitted from animals to humans.

The ESA Cannot Interfere with the Reasonable Enjoyment of People Sharing the Space (e.g. allergies, phobias, religious preference, need for quiet)

Allergies and fear of animals are not grounds to deny a request for an ESA. If a student presents with a significant allergy to the animal in question, the student with the allergy must register with the Center for Equal Access before any accommodations are made. In the case of an allergy that poses a significant health risk (anaphylaxis) to the individual, the student requesting an ESA will be moved to an alternative location.

Out of respect for students who may have a fear of animals or may suffer from animal allergies, ESAs are not allowed in public spaces such as lounges, computer labs, hallways and kitchenettes. If the ESA must leave the building, it must be in a cage, on a leash or in a proper transportation container.

Liability

The student is financially and legally responsible for the actions of the ESA, including bodily injury or property damage including, but not limited to, any replacement of furniture, carpet, window or wall covering, etc. The College encourages all residents to carry appropriate personal property insurance.

The College of St. Scholastica is not responsible for the failing health, loss or death of the ESA.

Emergency Care

In the case of an emergency, residents will provide The College of St. Scholastica with emergency contact information for an off-campus caregiver. Residential Life will assume no responsibility for the care of a resident’s ESA.The resident will be responsible for any costs related to removing the ESA. Roommates are also not responsible for the care of the ESA. A roommate may offer to care for the ESA but must not be the sole caretaker.

It is the residents responsibility to remove the ESA during forced evacuations of residential halls.

Care for the ESA in Cases of Extended Absences of the Resident

If the ESA’s owner is going to be away from their room and the ESA cannot be properly cared for, the student must find an alternative location for the ESA during their absence from the room. Residential Life policies do not allow for an exchange of keys or card access to anyone who does not reside in a particular unit and doing so would be a policy violation and liability risk. The student is responsible for ensuring the ESA is cared for at all times. The owner is responsible for providing an off campus emergency contact for emergencies and extended absences.

Animal Restriction

HUD and Fair Housing does not have species limitations on ESA’s; nevertheless, there are important considerations related to local ordinances and The College’s policies.

The Center for Equal Access will research the characteristics of any animal presented for use as an emotional support animal and compare those characteristics with the following:

1. Local ordinances, including illegal species or breed restrictions
2. Current housing and residential life policies

The following species have some specific issues which could preclude an individual animal from being permitted to be in campus housing:

1. Animal is not housebroken (i.e. toilet outdoors or use a litterbox)
   1. Puppy
   2. Small animals that need 2-4 hours a day of exercise outside of their cage
   3. Bird (feces hard to contain in cage)
2. Animal interferes with reasonable enjoyment of people in the space
   1. Dogs (barking, whining, scratching/digging, biting people)
   2. Cat (meowing, howling, scratching or biting people)
   3. Bird (Squawking, biting)
      Small animals (chewing wires and woodwork)
3. Needing a companion animal for the support of the animal
4. Animal presents health or safety risks to other people in the space
   1. Turtles, iguanas, lizards, snakes and some birds (salmonella)
   2. Ferret (strong musk odor, burrowing behaviors-easily lost outside cage)
   3. Cat or dog with disease (fleas or parasites)
5. Animal requires live food

Other

The student must notify Residential Life and The Center for Equal Access if the animal is no longer needed as an ESA or no longer in residence. To replace the ESA with a different animal, the student must file a new request with The Center for Equal Access.

Residential Life has the ability to relocate the student and ESA as necessary according to current contractual agreements, meeting accommodation needs of other students or failing to abide by Residential Life Policies.

Any violations of the above policies may result in the immediate removal of the ESA from the College and may be reviewed through the Residential Life conduct process, where the student will be afforded all rights of due process and appeal as outlined in that process. Should the ESA be removed from the premises for any reason, the student is expected to fulfill their housing obligations for the remainder of the housing contract.

Students agree to continue to abide by all other residential policies. An exception to a policy otherwise would prohibit having an animal does not constitute an exception to any other policy.

Revised 5.31.2023

Students who would like to file a grievance based on disability or failure to accommodate, can follow the policy, process and procedures outlined in the Equal Opportunity and Nondiscrimination Policy.

Students who attend The College of St. Scholastica may require the use of a service dog. A service dog is defined by the Americans with Disabilities Act as “any dog individually trained to provide assistance to an individual with a disability.” The goal of a service animal is to provide a life function or task for an individual who cannot perform the task themselves. Some tasks may include but are not limited to:

• Altering a person with hearing impairments to sounds/cue
• Calming a person with PTSD through a flashback or anxiety attack
• Assisting with daily life tasks
• A service animal is not a pet

The College encourages but does not require students who use a service animal to register with the Center for Equal Access. The Center will assist students to navigate College systems and inform the campus community of responsibilities or the greater community. The student using a service animal on campus is responsible for the animal, which includes:

• The service dog must be well-behaved and must not pose as an interruption to learning
• The service dog must be in the control (on a leash, harness, etc.) of the handler at all times
• The handler of the service dog must be able to manage elimination by the animal
• The handler of the service dog is responsible for any property damage caused by the animal
• The service dog may be prohibited from any areas or situations which could cause harm to the animal (such as laboratories)
• The service dog must have distinguished markings which indicate the animal is a service dog
• The service dog alters the fundemental outcomes or technical elements of the program, course or activity

The College is responsible for educating the community on how to behave and act in the presence of a service animal. College employees and agents of The College are only allowed to ask two questions of the individual who presents with a service dog:

1. Is this a service animal?
2. What tasks is the dog trained to perform?

College representatives are not allowed to ask:

• The individual to demonstrate the trained tasks of the service animal
• The individual to prove the animal has been trained
• The individual is required to vest or clearly mark the service animal
• The individual the nature or extent of their disability

Service Dog vs. Emotional Support Animal

Emotional Support Animals do not fall under the guidelines of ADA. An animal with a purpose of providing emotional support, comfort, therapy or companionship is not considered a service animal. If you are requesting an Emotional Support Animal, please see the Center for Equal Access.

*There are exceptions to a service dog including provisions regarding miniature horses. Any requests of having a miniature horse on campus will be determined on a case-by-case basis.