ADC-R/TOBACCO USE AND POSSESSION ADMINISTRATIVE PROCEDURES

File: ADC-R

TOBACCO 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 this RSU #11 Board’s “Tobacco Use and Possession” policy.

I. PROHIBITED CONDUCT

A. Students

The use, possession, sale, dispensing or distribution of tobacco products by all students is prohibited in school buildings and facilities, during school-sponsored events, on school grounds and buses, and at all other times.

B. 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 during school-sponsored events and at all other times on school grounds. In addition, employees and all other persons are strictly prohibited, under law and this RSU #11 Board’s policy/administrative procedure, from selling, dispensing, or distributing tobacco products to students.

II. 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 shall report any violations of this policy/procedure, as promptly as practicable, to the Superintendent.

A. Student Violations

1st Violation

1. Parents/legal guardians shall be sent written notice regarding the tobacco violation which shall be signed by the parent/legal guardian and returned to the school.

2. The student may be suspended for up to five days, depending on the situation and the age of the student.

3. The Superintendent/designee may refer students to the Law Enforcement Agency for use or possession of tobacco or tobacco products as he/she deems necessary. However, the Superintendent/designee shall refer to the Law Enforcement Agency any student reasonably suspected of selling, dispensing, or distributing tobacco products.

4. The student will not be allowed to participate in any extracurricular activities as outlined in the student/athletic handbooks. When applicable, the student must attend athletic practices but cannot compete in any events during the suspension/detention period as outlined in the respective handbooks.

2nd Violation

1. Parents/legal guardians shall be sent written notice regarding the tobacco violation which shall be signed by parent/legal guardian and returned to the school. A parent/legal guardian shall also be required to meet with the Principal within five days of the violation.

2. The student may be suspended for five to ten days, depending on the situation and the age of the student.

3. The Superintendent/designee may refer students to the Law Enforcement Agency for use or possession of tobacco or tobacco products as he/she deems necessary. However, the Superintendent/designee shall refer to the Law Enforcement Agency any student reasonably suspected of selling, dispensing, or distributing tobacco products.

4. Restrictions on extracurricular activities are as outlined above.

3rd Violation

In addition to the above identified sanctions, students may be removed from extracurricular activities for the remainder of the year and may be referred to the RSU #11 School Board for expulsion.

C. Other Persons in Violation

All other persons violating this policy (e.g., employees, visitors) shall be immediately directed to cease volatile 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 appropriate disciplinary measures.

III. NOTICES

This RSU #11 Board’s policy and corresponding disciplinary actions for infractions of this policy shall be printed in employee and student handbooks. Parents/guardians shall also be sent notification in writing of this RSU #11 Board’s tobacco policy and administrative procedures. A tobacco free campus statement shall be read at the beginning of each adult education course and at each athletic contest. Those adults using tobacco products at games or events will be asked by police or administration to extinguish any such products. Tobacco free signs will be posted at all entrances of school buildings, school playgrounds, and athletic fields.

IV. PROHIBITIONS AGAINST ADVERTISING

RSU #11 prohibits any form of tobacco advertising in school buildings, at school functions, and in school publications. Moreover, students are prohibited from wearing or displaying any type of tobacco promotion material. Students wearing such clothing will be asked to remove or change the inappropriate apparel.

Legal Reference: 20 USC § 6081-6084 (Pro-Children Act of 1999-Goals 2000)
22 MRSA 9 1578-B
ME IPL 470 (An Act to Reduce Tobacco Use by Minors)

Adopted: December 3, 2009