ADMINISTRATIVE GUIDELINES

TOBACCO/NICOTINE/VAPING DEVICES USE AND POSSESSION ADMINISTRATIVE PROCEDURE

The purpose of the following administrative procedure is to effectuate the mandates imposed by the various federal and state laws in addition to the School Committee's "Tobacco/Nicotine/Vaping Devices Use and Possession" policy.

Definitions

Tobacco Products - When used in this administrative procedure, “tobacco products” means any form of tobacco and any material or device used in the smoking, chewing or other form of tobacco consumption, including but not limited to: cigarette and rolling papers, pipes, imitation tobacco products, electronic smoking devices and components (i.e. electronic nicotine delivery devices such as e-cigarettes, e-hookahs, e-cigars, vape pens or similar devices).

Smoking – When used in this administrative procedure “smoking" includes carrying or having in one's possession a lighted or heated cigarette, cigar or pipe or a lighted or heated tobacco or plant product intended for human consumption through inhalation whether natural or synthetic in any manner or in any form. "Smoking" includes the use of an electronic smoking device.

A. PROHIBITED CONDUCT

1. Students (and anyone under the age of 18)

The use, possession, sale, dispensing or distribution of tobacco products by all students and anyone under the age of 18 is prohibited in school buildings and facilities, during school-sponsored events (on or off campus), on school grounds and buses/vehicles, and at all other times.

2. Employees and All Other Persons

The use of tobacco products by employees and all other persons is prohibited in school buildings, facilities and on school buses/vehicles during school-sponsored events and at all other times on school grounds. In addition, employees and all other persons are strictly prohibited, under the law and this Board’s policy/administrative procedure, from selling, dispensing or distributing tobacco products to students.

B. ENFORCEMENT

In order to enforce the tobacco products policy, the following guidelines shall be utilized by the Principal of a school in which prohibited conduct occurs. The Principal or designee shall report any violations of this policy/procedure, as promptly as practicable, to the Superintendent.

1. Student Violations

First incident:

1. Confiscate material or investigate to determine if a student has been using tobacco
2. Parent/legal guardian sent written notice to schedule a meeting with a school administrator
3. Refer the student to the Maine Tobacco HelpLine, 1-800-207-1230 or online, www.thequitlink.com or appropriate education program
4. In-school suspension

Second and subsequent incidents:

1. Parents/legal guardians shall be sent written notice regarding the tobacco violation which shall be signed by a parent/legal guardian and returned to the school
2. A parent/legal guardian shall also be required to meet with a school administrator within five days of the violation
3. The student may be suspended for up to five days, depending on the situation and age of the student
4. Restrictions on extra-curricular activities are as outlined above. In addition to the above-identified sanctions, students may be removed from extra-curricular activities for the remainder of the year

2. Student Referral to Law Enforcement Agency

The Superintendent or his/her designee reserves the right to refer students to a law enforcement agency, on a case-by-case basis, as he/she may deem necessary. However, the Superintendent/designee shall refer to a law enforcement agency any student reasonably suspected of selling, dispensing or distributing tobacco products.

3. Other Persons in Violation

All other persons violating this policy, e.g., employees, visitors, shall be immediately directed to cease the violating behavior. In addition, all persons suspected of selling, distributing or in any way dispensing tobacco products to students shall be referred to a law enforcement agency.

Any employee violating this policy shall be subject to the following disciplinary measures.

First incident:

1. Investigate to determine if a staff member has violated Policy ADC
2. Notify law enforcement if appropriate
3. Hold a conference with the Principal
4. Review the policy, issue verbal warning by the Principal
5. Refer to the Maine Tobacco HelpLine, 1-800-207-1230 or online, www.thequitlink.com

Second and subsequent incidents:

1. Investigate to determine if a staff member has violated Policy ADC
2. Notify law enforcement if appropriate
3. Hold a conference with the administration and immediate supervisor
4. Review the policy, issue written warning that will be placed in the personnel file
5. Refer to the Maine Tobacco HelpLine, 1-800-207-1230 or online, www.thequitlink.com

For instances of selling, distributing or in any way dispensing tobacco products to students on school property, staff will immediately be referred to the Superintendent of Schools and may be recommended to take possible leave with pay or for dismissal.

C. NOTICES

This policy will be communicated through a variety of efforts to educate students, school staff parents, and visitors. Tobacco-free signs shall be posted at all entrances of school buildings, school playgrounds, and athletic fields. This policy will be announced at school functions, such as sporting events, orientations, concerts and plays as a reminder to attendees. The School Committee's policy ADC and corresponding disciplinary actions for infractions of this policy shall be included in employee and student handbooks and on the school’s website. Parents/ guardians can access the School Committee's tobacco policy and administrative procedures on the school website.

D. PROHIBITIONS AGAINST ADVERTISING

The School Committee prohibits any form of tobacco advertising in school buildings, at school functions, and in school publications. This includes prohibiting tobacco companies from sponsoring school functions. Moreover, students are prohibited from wearing or displaying any type of tobacco promotional material. Students wearing such clothing will be asked to remove or change the inappropriate material.

E. EDUCATION

As capacity allows, students and appropriate student groups, will be supported to participate in the tobacco-free school initiative, including but not limited to, increasing policy awareness, implementing policy compliance strategies and educating students on the dangers of tobacco use and secondhand smoke exposure.

Age-appropriate tobacco prevention, use, and exposure education will be incorporated into the comprehensive health education curriculum in alignment with the Maine Learning Results’ Health Education Standards and will include awareness of the tobacco-free policy.

Legal References:

20 USC§ 6081-6084 (Pro-Children Act of 1994)

22 MRSA § 1578-B

Me. PL 470 (An Act to Reduce Tobacco Use by Minors)

Adopted: 1-25-2017

Revised: 2-27-19