The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - 150

Mark Bauman • Denise L. Davidson • Michael C. Sachs • Tegan Kotarski

In preparation for becoming
proactive, become reasonably
proficient with appropriate
laws, understanding the
most relevant and applicable
elements for your campus.

to UNK’s denial of Hamilton’s accommodation
request. After arriving on campus in August
2010, Hamilton submitted three requests for
accommodations over a 35-day period for an
exception to UNK’s no pet policy—a policy
that prohibits animals, except fish and service
animals meeting the ADA guidelines. The
HUD charge notes that the university denied
each of the requests, citing ADA’s legal requirements for service animals—legal requirements that UNK was simply upholding. Like
many colleges and universities, UNK permits
service animals as defined under the ADA
but had no provision for assistance or therapy
animals under the Fair Housing Act. One of
the respondents indicated that “UNK was not
governed by HUD (and thus FHA) guidelines,
but rather DOJ guidelines” (United States of
America v. University of Nebraska at Kearney,
2011, p. 6). It should be noted that the charge
clearly indicates UNK’s willingness to host
Butch provided Hamilton could document that
he met the definition of service animal under
the ADA guidelines. HUD’s filing asserts that
University Heights is defined as a dwelling and
is thus covered under the auspices of the Fair
Housing Act, which, as a result, would include

150

a broader definition of service animal, including therapy animals.
Since the filing, Hamilton has left the school,
and the case has yet to be heard in federal district court. UNK is holding to their position,
and observers are interested in how the court
will rule in this matter. The verdict could have
widespread implications related to housing and
residence life professionals who themselves
grapple with not only which laws apply in which
circumstances, but also how those laws are to be
interpreted in any given case.
Cases such as this are emerging more frequently; readers should also review United
States of America v. Millikin University (2011),
which ultimately resulted in a settlement with
no admission of wrongdoing or liability on
the part of Millikin University. However, this
case demonstrates that “the Department of
Housing and Urban Development . . . [intends]
to pursue enforcement actions in academe”
(Kaplin & Lee, 2012, p. 133). See also Alejandro v. Palm Beach State College (2011) which,
though not specific to housing and residence
life, offers insight pertaining to the documentation of service animals and permitted inquiries related to those animals.

IMPLICATIONS FOR PRACTICE
Recent cases related to disability laws have
challenged colleges and universities broadly, as
well as housing and residence life specifically.
As is true with many areas of our practice, currency with legal actions—even those that may
not have reached a final conclusion—can allow
housing and residence life personnel to be
proactive rather than reactive. When feasible,
careful advance review of applicable statutes
with appropriate personnel can make it easier

The JourNal of College aNd uNiVersiTy sTudeNT housiNg



The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1

The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1
Volume 39, No. 2 Table of Contents
Letter from the Editor
Factors That Play a Role in First-Year Students’ On-Campus Housing Decisions
Influence of Academically Based Living-Learning Communities on Men’s Awareness of and Appreciation for Diversity
Using the Theory of Planned Behavior to Predict Resident Assistants’ Intention to Refer Students to Counseling
Parental Notification of Alcohol or Drug-Related Violations: Parents’ Perceptions and Reactions to the Practice
Counselor, Teacher, Role Model, Cop: Understanding RA Satisfaction Through the Use of Metaphor
Living and Learning in College
The Past, Present, and Future of Residential Colleges: Looking Back at S. Stewart Gordon’s “Living and Learning in College”
The Journal of College and University Student Housing Volume 40, No. 1 – Addressing the Needs of Residential City University, Students with Disabilities Theme Issue
Volume 40, No. 1 Table of Contents
Introduction - Addressing the Needs of Residential Students with Disabilities
Service, Comfort, or Emotional Support? The Evolution of Disability Law and Campus Housing
Implementing Universal Design: A Collaborative Approach to Designing Campus Housing
Supporting Students with Severe Physical Disabilities: The Illinois Model
College Students with Intellectual Disabilities: How Are They Faring?
A Collaborative Support Model for Students on the Autism Spectrum in College and University Housing
When Community and Conduct Collide: Residents with Invisible Disabilities and the Student Conduct Process
The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Letter from the Editor
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Using the Theory of Planned Behavior to Predict Resident Assistants’ Intention to Refer Students to Counseling
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Parental Notification of Alcohol or Drug-Related Violations: Parents’ Perceptions and Reactions to the Practice
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Living and Learning in College
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - The Past, Present, and Future of Residential Colleges: Looking Back at S. Stewart Gordon’s “Living and Learning in College”
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - The Journal of College and University Student Housing Volume 40, No. 1 – Addressing the Needs of Residential City University, Students with Disabilities Theme Issue
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Volume 40, No. 1 Table of Contents
The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Introduction - Addressing the Needs of Residential Students with Disabilities
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Service, Comfort, or Emotional Support? The Evolution of Disability Law and Campus Housing
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Implementing Universal Design: A Collaborative Approach to Designing Campus Housing
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Supporting Students with Severe Physical Disabilities: The Illinois Model
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - College Students with Intellectual Disabilities: How Are They Faring?
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - A Collaborative Support Model for Students on the Autism Spectrum in College and University Housing
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - When Community and Conduct Collide: Residents with Invisible Disabilities and the Student Conduct Process
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