FACULTY/STAFF POLICY & PROCEDURE MANUAL

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5.14. Tobacco Use Policy


5.14.1 Purpose

5.14.2 Background and Rationale

5.14.3 Policy

5.14.4 Procedure

5.14.4.1 General Education and Awareness

5.14.4.2 Permanent Visual Communication of Policy

5.14.4.3 Tobacco Use Cessation Programs

5.14.4.4 Compliance

5.14.4.5 Enforcement

5.14.4.5.1  Complaint Reporting Procedure:

5.14.4.5.2 Employee Violators

5.14.4.5.3 Student Violators

5.14.4.5.4 Visitor Violators

5.14.4.6 Sanctions:

5.14.5 Policy and Procedure Review

Tobacco Free Campus Policy and Procedure to Be Effective:  January 1, 2011

5.14.1 Purpose

The purpose of this policy and procedure is to provide guidelines for the implementation of a policy on the prohibition of tobacco use on the campus of Nicholls State University.

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5.14.2 Background and Rationale

Nicholls State University is committed to providing a safe and healthy environment for students, faculty, staff, and visitors.  The U.S. Surgeon General has concluded that the only way to fully protect  oneself from the dangers of secondhand smoke is through 100% smoke-free environments   ( The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, U.S. Department of Health and Human Services, 2007). In 2007, Louisiana took major steps toward addressing the health concerns caused by second-hand smoke by passing the Louisiana Smoke Free Air Act.     This policy puts students, employees, and visitors first by providing a safe, healthy, tobacco-free environment and decreasing exposure to second hand smoke.

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5.14.3 Policy

The use of any tobacco product in any form (smoking or chewing) is prohibited effective January 1, 2011.

This applies to all students, faculty, staff, contractors and visitors on all Nicholls State University properties including the main Nicholls campus, Duhe Building, Chauvin Garden, etc.

Definition: Tobacco is defined as all tobacco – derived or containing products, including, but not limited to, cigarettes (clove, bidis, kreteks), cigars and cigarillos, pipe, hookah-smoked products, and oral tobacco (spit and spitless also known as smokeless, dip, snus, chew, snuff, orbs, etc.).

The use of tobacco products is prohibited at all times:

  • In all interior space on Nicholls State main campus and all satellite locations;
  • On all outside property or grounds of Nicholls State campus
  • In all Nicholls State vehicles;
  • In all indoor and outdoor athletic facilities;
  • In all personal vehicles while parked on Nicholls State University property

All tobacco industry promotions, advertising, marketing, and distribution in any format are prohibited on campus properties and for campus activities as will be direct funding from tobacco companies for such programs.

The sampling and/or sale of tobacco products and tobacco related merchandise (including logo containing items) is prohibited on all university property and at university and student organization/group sponsored events, regardless of the operating vendor.

Organizers and attendees at campus events such as, but not limited to, conferences, meetings, lectures, social events, cultural events and sporting events using Nicholls State facilities will be required to abide by the tobacco-free policy and procedure.  University offices responsible for reserving facilities shall be responsible for informing organizers of events.  Organizers of such events are responsible for communicating the policy to attendees and for enforcing this policy.

Littering the campus with remains of tobacco products or any other disposable product is prohibited.

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5.14.4 Procedure

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5.14.4.1 General Education and Awareness

The implementation of this policy will be augmented by an education and awareness campaign that may include but not limited to;

  • Notification to prospective students in both print and electronic formats.
  • Notification to all incoming students at all Orientation programs.
  • Training of all supervisors on their governance responsibilities related to this policy prior to implementation of policy.
  • Notification to new staff/faculty hires through new employee orientation.
  • A tobacco policy awareness statement will be signed by all current and new employees.
  • Notification to all current students in both print and electronic formats.
  • Notification at Faculty institute.
  • Notification in University Studies courses.
  • Posting of policy and/or link on appropriate web sites.
  • Involvement of Student Government Association.
  • Meetings conducted with key departments, programs, etc..
  • Informational meetings, postings, and e-mail notification.
  • Publication of policy in Faculty/Staff Handbook, Student Code of Conduct, Student Organization Handbook, student employee handbooks.
  • Promotion and advertising of ongoing campus smoking cessation programs.
  • Promotion and awareness of local, state and national cessation resources.
  • Notification in facility reservation process to all outside entities who use facilities or grounds for events
  • Ensure that all publications indicate Nicholls State University is a Tobacco Free Campus.
  • Ensure that all Nicholls State University job postings contain information about the tobacco-free environment.
  • Development and mass distribution of Nicholls State University Tobacco-Free Campus brochure

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5.14.4.2 Permanent Visual Communication of Policy

Signs bearing the message “Tobacco-Free Campus” will be posted at each of the vehicular and pedestrian entrances, as well as other key traffic areas throughout the campus, and each building will display a decal that states “Tobacco Free Facility”.  However, tobacco free zones apply on the grounds around the campus, whether or not a sign is posted in a particular area.  No ashtrays will be provided on campus.

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5.14.4.3 Tobacco Use Cessation Programs

The university is committed to support all students and employees who wish to stop using tobacco products.  Assistance to students, faculty and staff is available through Human Resources and Student Services.  Please contact either of these departments for information regarding on and off campus cessation programs and services.  Students may contact University Health Services for information regarding medications associated with cessation some of which are covered by student health insurance.  Employee health insurance does not cover such medication.

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5.14.4.4 Compliance

The success of this policy will depend on the thoughtfulness, consideration, and cooperation of tobacco users and non-tobacco users.  It is the responsibility of all members of the Nicholls State University community to comply with the Tobacco-Free Campus Policy as with all other university policies.  Members of our campus community are empowered and expected to professionally and respectfully inform others about the policy in an ongoing effort to enhance awareness and encourage compliance. Furthermore, employees and student leaders are expected to serve as role models for the entire campus community.  Violations of the policy will be handled in a manner that is consistent with university procedures.

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5.14.4.5 Enforcement

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5.14.4.5.1  Complaint Reporting Procedure:

As per University Policy and Procedure and Student Code of Conduct (section 2.46.15) violators of University policies are subject to appropriate disciplinary action up to and including applicable dismissal procedures.

Any member of the Nicholls community may and is expected to identify violators of the Nicholls State University Tobacco Free policy.   Support will be provided by University Police and  Environmental Health & Safety Office, Judicial Affairs, Human Resources, and any supervisor  for those who are not comfortable addressing the violation him/herself.

It is the responsibility of supervisors to facilitate compliance among all employees under their supervision.  As with any University policy Supervisors will support and play an active role in the enforcement of this policy.

In addition to the following general statements about reporting, specific reporting guidelines can be found in Appendix A.

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5.14.4.5.2 Employee Violators

Complaints about employee violators of this policy should be brought to the attention of a supervisor, University Police, Environmental Health and Safety, or Human Resources. Any and all complaints received by U.P., EH&S, or a supervisor should be forwarded to Human Resources.

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5.14.4.5.3 Student Violators

Complaints about student violators of this policy should be brought to the attention of Judicial Affairs, University Police, or Environmental Health and Safety.  All complaints received by U.P. or EH&S should be forwarded to Judicial Affairs.

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5.14.4.5.4 Visitor Violators

Offices responsible for reserving facilities will establish procedures for enforcing policy when violations involve visitors who are participating in events associated with their office.  Complaints about campus visitor violators should be brought to the attention of the office responsible for the event or University Police.

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5.14.4.6 Sanctions:

Sanctions for student violators will be addressed by Judicial Affairs and for employees by Human Resources. Consequences of violating the policy represent a range of sanctions that could include but are not limited to verbal warning, written documentation/warning, and dismissal/expulsion proceedings for both employees and students.   See Appendix C for more information about sanctions.

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5.14.5 Policy and Procedure Review

This policy and procedure will be reviewed annually by the Alcohol and Other Drug (AOD) Committee.  Specific responsibility for completing revisions and associated outreach will maintained by a subcommittee consisting at minimum of the a) the individual responsible for tobacco free funding (TFL grant),  b) Judicial Affairs, c)Student Services, d) Human Resources, e) Environmental Health and Safety.

 

Appendix A

Complaint Reporting Procedure Information

Guidelines

Employee Violations

  1. Anyone identifying an employee violation will
    1. Report it to a supervisor; or
    2. Report it to Human Resources; or
    3. Report it to Environmental Health and Safety
    4. Report it to University Police
  2. Supervisors, University Police, and Environmental Health and Safety will forward all reports received by their office to Human Resources
  3. Human Resources will request that the reporter complete an incident form
    1. Guidance will be provided by HR as this form may be completed on paper or online

Student Violations

  1. Anyone identifying a student violation will
    1. Obtain full name and/or ask for their Nicholls identification card; and
    2. Report the incident to Judicial Affairs, University Police, or Environmental Health and Safety
    3. Contact University Police when

i.      The violator is noncompliant; or

ii.      It is outside of normal university business hours

  1. Contact Environmental Health and Safety when

i.      The individual is not comfortable ascertaining the students name; and

ii.      It is during normal university business hours

  1. University Police and Environmental Health and Safety will forward all reports received to Judicial Affairs
  2. Residence Hall staff will be responsible for addressing all violations with residence hall students while on or around residence hall property including but not limited to parking lots, walkways, courtyards, building entrances and exits, by
    1. Reminding the person of the policy; and
    2. Requesting immediate compliance with policy; and
    3. Obtaining full name and/or asking for their Nicholls identification card; and
    4. Completing online violation form
  3. Staff for other facilities and programs will be responsible for addressing violations there (i.e. union staff, athletics) and expected to enforce the policy following the basic procedures in this document and the detailed procedures created for their particular facility or program.

Visitor Violators

  1. Anyone identifying a visitor violation associated with an event will
    1. a.  Contact university police; or
    2. b.  Contact office responsible for the event the in which the visitor is participating
  2. Anyone identifying a visitor violation not associated with an event will contact University Police
  3. Visitors who do not comply will be removed from campus at the discretion of University Police

Documentation of Violations

A form will be completed in paper or online for each violation that occurs.  Assistance and direction from Human Resources and Judicial Affairs will be available.   This form:

  1. May be completed online or on paper
  2. Be forwarded to Judicial Affairs or Human Resources
  3. Maintain a record of each violation
  4. Allow for monitoring of repeat violators

 

Appendix B

General Role of University Police and Environmental Health and Safety

University Police will

  1. Respond to
  2. Observed violations while on patrol at any time both during and outside of normal business hours
  3. Requests for assistance after normal university business hours
  4. Incidents where violator’s behavior is of concern or there is noncompliance
  5. Give violators preprinted card with resources and policy reminder
  6. Forward violation information to Human Resources or Judicial Affairs

Environmental Health and Safety will

  1. Respond to
  2. Observed violations at any time while one campus
  3.  Requests for assistance during normal university business hours
  4. Give Violators preprinted card with resources and policy reminder
  5. Forward violation information to Human Resources or Judicial Affairs

 

Appendix C

Sanctions

Students

Sanctions for student violators will be addressed by Judicial Affairs Director.    Sanctions will follow a progressive format for all reported violations.

  1. First Violation: Violator will
  2.  Receive a verbal warning through Judicial Affairs and a  resource/policy reminder card
  3. Second Violation: Violator will
    1. Be placed on disciplinary probation and
    2. Any other disciplinary action as per the Code of Conduct (students) to be determined by Judicial Affairs.
    3. Third Violation:  The violator will be charged with violation of probation and appropriate actions will be pursued including applicable dismissal procedures.

Note: The University reserves the right to consider mitigating factors that may influence the process to make it stricter or more lenient depending on the particular circumstances.

Employees

Violators of University policies are subject to disciplinary action up to and including applicable dismissal proceedings.  Progressive discipline sanctions will be implemented through the following general format that includes but is not limited to:

  1. First Violation:  Violator will
  2. Receive verbal warning through his/her supervisor with the assistance of Human Resources
  3. Second Violation:  Violator will
    1. Receive written warning/reprimand from his/her supervisor with the assistance of Human Resources
    2. Third Violation:
      1. Applicable dismissal proceedings will be conducted and facilitated by Human Resources with the involvement of the violators supervisor.

Note: The University reserves the right to consider mitigating factors that may influence the process to make it stricter or more lenient depending on the particular circumstances.

Visitors

Visitors found in violation of the policy will be requested to comply.  Those who do not comply will be asked to leave campus.  Repeat violators may also be banned from campus. See Appendix A for information regarding reporting visitor violations.

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