Code E8-P
PROCEDURES: TOBACCO
PROHIBITION
Notice procedures
Building principals
will provide notice of this policy as follows.
a. Students will be
informed of this policy at the beginning of each school year by placement of
the policy in the Student Handbook and by such other means as the principal of
each district school deems necessary and appropriate.
b.
Employees
will be informed of this policy through notices posted in school offices and
the placement of the policy in the Employee Handbook. Employees will be given a copy of this policy
upon request.
c. The general public
will be notified of this policy by posting notices of the policy in the entry
ways to school buildings and in hallways outside of the library, gymnasium and
auditorium. Notice of this policy will also be placed in bulletins, programs
and announcements of school events.
Enforcement Procedures
The following actions
will be taken to enforce this policy.
a. Student violations.
Students who violate this policy will be disciplined under the school’s
disciplinary policy and procedures.
1. Any employee who
observes a student in possession of a tobacco product shall confiscate the
product and report the violation to the principal within 48 hours.
2. The principal shall
store any confiscated tobacco product in a secure place until it is no longer
needed for any disciplinary action or other legal proceeding. Thereafter, the tobacco product shall be
destroyed.
3. The principal shall
expeditiously investigate any report of
student violations of this policy, shall
determine whether the report is supported by the evidence and, if so, whether
referral to law enforcement agencies is appropriate.[1]
b. Employee violations.
Employees who violate this policy will be subject to disciplinary action in
accord with applicable employee policies, employment contracts and requirements
of law.
c. Violations by Other
Individuals. Others who use tobacco on school grounds will be informed of this
policy and asked to comply. A person failing to comply will be asked to leave
school grounds. A person who refuses to comply or to leave school grounds when
requested to do so under this policy may be referred for prosecution as a
trespasser.
Date Warned:
Date Adopted:
Legal Reference(s): 16
V.S.A. §140 (Tobacco on school grounds)
18 V.S.A. §§1422 et seq. (Smoking in the workplace)
13 V.S.A. §3705 (Unlawful Trespass)
20 U.S.C. §§6083 et seq. (Goals 2000 Educate
7 V.S.A. 1001 et seq.
Cross Reference: Student
Conduct and Discipline (F1)
Bus
Discipline (F2)
[1] 7 V.S.A. 1005 subjects persons under the age of 18 who possess tobacco products or who misrepresent their age in order to obtain tobacco products to civil penalties, confiscation of the products and suspension of drivers’ licenses if the civil penalty is not paid.
[2] Prohibits smoking in any facility operated by a federal agency “..directly or by contract to provide…day care or early childhood services to children…routine or regular kindergarten, elementary or secondary education or library services.”