Purpose:

To state the types of support animals that students are permitted to have on Memorial University St. John’s Campus premises (hereinafter referred to as ‘the St. John’s Campus’) and the conditions under which they may be present.

Scope:

Students on the St. John’s Campus.

Definitions:

Emotional Support Animal (ESA) — any animal that provides emotional support or comfort which alleviates one or more identified symptoms or effects associated with its Partner’s documented disability. Unlike a Service Animal, an Emotional Support Animal need not be individually trained or certified to perform any disability-related task and may not always accompany the Partner.

Partner — the student who is accompanying the Service Animal or Emotional Support Animal onto the St. John’s Campus.

Pet — an animal kept for ordinary use and companionship. A pet is not considered a Service Animal or Emotional Support Animal.

Service Animal — in accordance with and as defined within the Service Animal Act and the accompanying Service Animal Regulations, means an animal trained by a third party to provide assistance to a student with a disability, having prescribed qualifications, and used by a student with a disability:

i. where it is readily apparent that the Service Animal is used by the student for reasons relating to their disability, or

ii. where the student provides a letter from a physician, nurse, or psychologist confirming that they require the Service Animal for reasons relating to their disability.

Guidelines:

1.0 General Framework

1.1 Memorial University has a legal duty to provide access and to accommodate the needs of students with disabilities. This duty is articulated in Memorial University’s Accessibility Policy for Students with Disabilities. Memorial University must also provide a healthy and safe environment in which individuals can work, live and study. It recognizes the duty to accommodate Service Animals and Emotional Support Animals on its premises. It also recognizes its obligation to minimize the potential health and safety risks to individuals and disruptions that may result from the presence of animals on the St. John’s Campus, as well as risks to the animals themselves. Memorial University does not have a legal duty to accommodate or permit the presence of Pets on the St. John’s campus.

1.2 These duties are derived from the Animal Health and Protection Act, SNL 2010, c. A-9.1; the Human Rights Act, SNL 2010, c. H-13-1; and the Service Animal Act, SNL 2012, c. S-13.02.

1.3 Partners must comply with all provincial and municipal laws, regulations, and bylaws pertaining to licensing and animal control.

1.4 By bringing an animal onto the St. John’s Campus, the Partner agrees:

i. to accept sole financial and legal responsibility for the health, care, and behaviour of their animal while on the St. John’s Campus;

ii. to fully compensate Memorial University in respect of any damage or injury caused or contributed to by the presence of the animal on the campus; and

iii. to indemnify, defend, and hold harmless Memorial University from and against any costs, losses, damages, liabilities, expenses, demands and judgments, including court costs and legal expenses, arising out of or in connection with:

a. any injury to persons or damage to property caused by the animal;

b. the animal’s presence or behaviour on the St. John’s Campus; or

c. any failure by the Partner to comply with applicable laws, university policies, or these guidelines,

for which the student would be liable in law or equity.

1.5 A Partner may be asked for consent to the notification of other St. John’s Campus community members who work or study with a Partner and their Service Animal or Emotional Support Animal, and such consent shall not be unreasonably withheld.

1.6 All St. John’s Campus community members are expected to abide by the following:

i. Speak to the Partner before giving attention to the animal and refrain from inquiring about the Partner’s disability or reason for using a Service Animal or Emotional Support Animal;

ii. Maintain a respectful distance from the Service Animal or Emotional Support Animal. It is not appropriate to pet, feed, or startle an animal while it is working; ask permission before touching the animal as this might distract it from its work.

2.0 Service Animals

2.1 Memorial University may, in accordance with the Service Animal Act, require the Partner to provide documentation confirming that the Partner requires a Service Animal for reasons relating to disability. A letter from a medical professional or psychologist confirming that need is generally considered acceptable.

2.2 Memorial University may, in accordance with the Service Animal Regulations, require the Partner to provide documentation confirming the qualifications of the Service Animal. The documentation must establish that the Service Animal:

i. has successfully completed a Service Animal training program delivered by an accredited training school as defined under the Service Animal Regulations, or

ii. is registered or certified as a Service Animal under the legislation of another jurisdiction in Canada.

2.3 Under law, a Service Animal has the right to be present anywhere its Partner has customary access, at any time.

3.0 Emotional Support Animals

3.1 Students who wish to be accompanied by an Emotional Support Animal inside any building on the St. John’s Campus must submit a request for accommodation as well as any supporting documentation to Accessibility Services (Blundon Centre) in Student Life. The request for accommodation will be evaluated through the Accessibility for Students with Disabilities Policy and its procedures.

3.2 Documentation under 3.1 will include, but may not be limited to, verification:

i. of a disability,

ii. that the animal is necessary to afford the Partner an equal opportunity to pursue post-secondary studies, as applicable,

iii. of a clear, established relationship between the animal and the Partner, and

iv. of an identifiable relationship between the disability and the assistance the animal provides.

3.3 In order for an Emotional Support Animal accommodation to be approved, a Partner must review and complete the Emotional Support Animal Accommodation Agreement (Appendix A), which sets out the Partner’s responsibilities and details the terms and conditions of the reasonable accommodation. The Emotional Support Animal Accommodation Agreement must be renewed in accordance with that agreement.

3.4 Memorial University may, during the term of an approved Emotional Support Animal accommodation, impose additional conditions in relation to the accommodation where it deems such action to be appropriate in accordance with University policy. A Partner must abide by all additional conditions imposed in relation to their Emotional Support Animal accommodation.

3.5 Memorial University may require a Partner to remove their Emotional Support Animal from St. John’s Campus premises and/or revoke an Emotional Support Animal accommodation where it determines that the animal poses a threat to the health and safety of others, where the Partner fails to comply with any conditions imposed in respect of the accommodation, or where the Partner or animal fails to comply with one or more of the requirements outlined in the Emotional Support Animal Accommodation Agreement, these Guidelines, University policy, or applicable law.

4.0 Reporting Concerns

4.1 A person wishing to report a concern relating to a student being accompanied by an animal on the St. John’s campus may contact Accessibility Services (Blundon Centre).

4.2 A history of allergies or fear of animals are normally not valid reasons for denying access or refusing service to someone accompanied by a qualified Service Animal or approved Emotional Support Animal.

4.3 Where there is a conflict between community members regarding a Service Animal or Emotional Support Animal on campus, and the human rights of the members conflict, Memorial University will attempt to find a solution that meets the needs of each member.

Support Animal Guidelines (PDF version)

Appendix A: Emotional Support Animal Agreement

The Guidelines for Support Animals on the St. John’s Campus of Memorial University will be reviewed with the student by a staff member in Accessibility Services (Blundon Centre), after a request for an Emotional Support Animal accommodation has been submitted by the student. The student requesting this accommodation (the Partner) must complete the following form in the presence of the Accessibility Services staff member. This serves as an agreement of the university’s expectations while the animal is on campus.

Appendix A - Emotional Support Animal Accommodation Agreement