Skip To Main Content

Close trigger menu ( Don't delete )

Find It Fast

Main Navigation

Schools Nav

Mobile Utility

Mobile Translate

Header Holder

Header Right

Schools Navs

Header Utility

Translate

Search Container

Mobile Menu Trigger ( don't delete )

Landing Nav

Breadcrumb

ADC-R - Tobacco Use and Possession Administrative Procedure

Book A

Section: Foundations and Basic Commitments

Title: Tobacco Use and Possession Administrative Procedure

Code: ADC-R

Status: Active

Adopted: February 3, 2015


The purpose of the following administrative procedure is to effectuate the mandates imposed by the various federal and state laws in addition to this Board’s “Tobacco Use and Possession” policy.

I. PROHIBITED CONDUCT

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

  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.

HIGH SCHOOLS – POSSESSION/USE OF TOBACCO PRODUCT

  1. First Incident
    1. Staff refers student to administration
    2. Confiscate materials
    3. Notify parents or legal guardian
    4. Refer student to school-based Tobacco Education Program or tobacco cessation resources in the community (listed at the end of these procedures)
    5. Detention/Suspension as appropriate
  2. School Incident
    1. Staff refers student to administration
    2. Confiscate materials
    3. Notify parents or legal guardian
    4. Refer to Tobacco Education Program
    5. Detention/Suspension as appropriate
    6. Provide resources on tobacco cessation programs
  3. Third Incident
    1. Staff refers student to administration
    2. Confiscate materials/notify law enforcement
    3. Notify parents or legal guardian
    4. Refer to Tobacco Education Program
    5. Detention/Suspension as appropriate
  4. Tobacco Cessation
    1. Provide non-smoking educational materials
    2. Offer a Tobacco Education Program
    3. Offer referrals to cessation programs in the community

MIDDLE SCHOOL LEVEL

  1. First Incident
    1. Staff refers student to administration
    2. Confiscate materials
    3. Notify parents or legal guardian
    4. Three-day suspension – reduce to two days suspension if parent and student agree to have student participation in a tobacco education program
    5. Refer student to Tobacco Education Program
    6. Refer to law enforcement when appropriate
  2. Second Incident
    1. Staff refers student to administration
    2. Confiscate materials
    3. Notify parents or legal guardian
    4. Three-day suspension

ELEMENTARY LEVEL

  1. First Incident
    1. Confiscate materials
    2. Notify parents or legal guardian
    3. Refer to social worker or guidance counselor
  1. Second Incident
  1. Confiscate materials
  2. Notify parents or legal guardian
  3. Refer to social worker or guidance counselor
  1. Third Incident
    1. Confiscate materials
    2. Notify parents or legal guardian and hold conference
    3. Assign suspension as appropriate

B.  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.

C.  Other Persons in Violation

All other persons violating this policy, e.g., employees, visitors, shall be immediately directed to cease this 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 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 Board’s tobacco policy and administrative procedures.  Notices shall be signed by parents/legal guardians and returned to the school where they shall be kept on file by the school unit.

LOCAL TOBACCO CESSATION RESOURCES

(Some programs are free; all for information)

A.  School Nurse

B.  Deering High School
Student Health Center
Lunch hour for eight weeks
756-8419

C.  Maine Medical Center
Tobacco Independence Program
Pulmonary/Critical Care Medicine
Group and individual counseling and support
871-3130

D. Martin’s Point Education Center
Health for Smokers (ongoing weekly group session)
Mondays 5:00 – 6:00 pm
828-2497 or 1-800-260-6681

E.  Mercy Hospital
Pulmonary Medicine
Group and individual counseling
879-3445

F.  Nicotine Independence Center, Inc.
Individualized Telephone Cessation Counseling
Group and individual counseling
772-3888

G.  Tobacco-Free Portland
Portland Public Health Division
389 Congress Street
Portland, ME 04101
874-8784

 

TOBACCO-FREE SCHOOLS PROCEDURES

Procedures

Appropriate action will be taken in respect to employees who violate the Tobacco Free Schools Policy.  Action will include the following steps:

  1. First Incident – A verbal warning will be given by the appropriate supervisor.
  2. Second Incident – The incident shall be documented in a formal written reprimand, and a copy will be placed in the employee’s personnel file.
  3. Third Incident – A meeting will be held between the employee and the appropriate administrator who shall determine the consequences, which may include further discipline up to loss of pay.
  4. Referral to tobacco cessation program may occur at any time at the discretion of the superintendent.

Other Persons in Violation

Visitors to the district facilities must comply with regulations set forth by the district School Committee.

Smoking or the use of tobacco products by visitors is prohibited.  This includes non-school hours and all functions of the school, athletic or otherwise.  This also includes other organizations using school property (e.g., KFD – Facilities Use Contract).

Anyone found smoking or using tobacco products will be asked by the appropriate school official to refrain from smoking or tobacco use while on district property.  He/she will be informed of the school’s tobacco-free policy.  If the visitor does not comply, he/she will be asked to leave.  If he/she refuses to leave, the police may be called.

In addition, any person suspected of selling, distributing or in any way dispensing tobacco products to students may be referred to a law enforcement agency.

Notices

Notification of this policy will be provided to all students and staff and a communication plan for visitors and the community at large will be developed.


Legal

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

22 MRSA § 1578-B

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