Pupil Smoking

5533 PUPIL SMOKING (M)

The Union City Board of Education recognizes that the use of tobacco products and Electronic nicotine delivery systems (hereinafter ENDS) is a health, safety, and environmental hazard for students, staff, visitors, and school facilities. The Board is acutely aware of the serious health risks associated with the use of tobacco products including ENDS, both to users and non-users. The board believes that the use or promotion of such products on school grounds and at off-campus school-sponsored events is detrimental to the health and safety of students, staff, and visitors.

The Board acknowledges that adult staff and visitors serve as role models for students. The Board embraces its obligation to promote positive role models in schools, and to provide an environment for learning and working that is safe, healthy, and free from the use of tobacco products and ENDS by students, staff, and visitors. Therefore, the Board adopts the following policy.

DEFINITIONS

“Administrator” means any person who has disciplinary and managerial authority to enforce school Policies and penalties in Union City, including but not limited to principals, vice-principals, or office personnel.

“Electronic cigarette” means any oral device that provides a vapor of liquid nicotine, lobelia, and/or other substance, and the use or inhalation of which simulates smoking. The term shall include any such devices, whether they are manufactured, distributed, marketed or sold as e-cigarettes, e-cigars, e-pipes, or under any other product name or descriptor.

"Electronic nicotine delivery system - ENDS” means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, vape pen, cigar, cigarillo, or pipe.

“Imitation tobacco product” means any non-tobacco product designed to resemble a tobacco product including any edible or non-edible, non-tobacco product designed to resemble a tobacco product that is intended to be used by children as a toy. Examples of imitation tobacco products include but are not limited to: candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling chewing tobacco, shredded beef jerky in containers resembling snuff tins, plastic cigars, and puff cigarettes.

“Off-campus, school-sponsored event” means any event sponsored by the school or school district that is not on school property, including but not limited to, sporting events, day camps, field trips, entertainment seminars, dances or theatrical productions.

“Parent/Guardian” means any person that has legal guardian status over a student enrolled in the Union City Public Schools.

“School” means any public nursery, day care center, child care facility, Head Start program, kindergarten, elementary school, secondary school, alternative learning center or adult education center operated under the control of Union City Public Schools.

“School property” means all facilities and property, including land, whether owned, rented, or leased by Union City Public Schools, and all vehicles owned, leased, rented, contracted for, or controlled by Union City Public Schools used for transporting students, staff, or visitors.

“Signage” means signs declaring that all Union City Public Schools school property is tobacco-free.

“Smoking” means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. "Smoking" also includes the use of an e-cigarette that creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

“Staff” means any person employed by Union City Public Schools as full or part-time, or any position contracted for or otherwise employed, with direct or indirect monetary wages or profits paid by [Union City Public Schools] or anyone working on a volunteer basis. This term includes, but is not limited to: faculty, service personnel, volunteers, chaperones, and others working for the Union City Public Schools.

“Student” means any person enrolled in Union City Public School’s educational system.

“Tobacco industry” means manufacturers, distributors or wholesalers of tobacco products. This includes parent companies and subsidiaries.

“Tobacco industry brand” means any corporate name, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indication of product identification identical or similar to those used for any brand of tobacco product, company, or manufacturer of tobacco products.

“Tobacco product” means any products containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including but not limited to, cigarettes, cigars, little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco. Tobacco products exclude any tobacco product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. This Also includes “Non-combustible tobacco products” meaning any products containing, made, or derived from tobacco that are intended for human consumption that do not require burning of the product (i.e. ENDS).

“Tobacco retail establishment” means an establishment in which at least 51% of retail business is the sale of tobacco products and accessories, and in which the sale of other products is merely incidental.

“Tobacco-related devices” means ashtrays, cigarette papers or pipes for smoking or electronic cigarettes or any components, parts, or accessories of electronic cigarettes, including cartridges.

“Tobacco-related devices industry” means manufacturers, distributors or wholesalers of tobacco-related devices. This includes parent companies and subsidiaries.

“Vape components” are any accessories or parts of vape products, including, but not limited to pods/vials/cartridges that contain or are used to contain liquid nicotine, e-juices, e-liquids, and any other pieces that are part of a vape product or can be added to a vape product.

“Vaping industry” means manufacturers, distributors or wholesalers of e-cigarettes. This includes parent companies and subsidiaries.

“Vape products” refer to any oral device that provides an aerosol or vapor that the user inhales. The term includes any such devices, whether they are manufactured, distributed, marketed or sold as Electronic Nicotine Delivery Systems (ENDS), electronic cigarettes (e-cigarettes), vapes, vape pens, e-cigars, e-pipes, hookah pens, or under any other product name (i.e. Juul, Lava) or descriptor.

“Vape Shop” means a shop that sells vapes, components, products, and sales of such products represent the primary source of revenue.

“Visitor” means any person subject to this policy that is not a student, staff, or administrator as defined above.

GENERAL STATEMENT OF POLICY

N.J.S.A. 2A: 170-51.4 prohibits the sale or distribution to any person under twenty-one years of any cigarettes made of tobacco or any other matter or substance which can be smoked, or any cigarette paper in tobacco in any form, including smokeless tobacco; and any electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, pipe, or any cartridge or other component of the device or related product. Consequences for a student possessing such an item will be in accordance with the Student Code of Conduct.

It shall be a violation of this policy for any student of Union City Public Schools to possess, use, consume, display or sell any tobacco products, tobacco-related devices, imitation tobacco products, lighters, or electronic cigarettes at any time on school property or at off-campus, school-sponsored events.

It shall be a violation of this policy for any staff, administrator, or visitor of Union City Public Schools to use, consume, display or sell any tobacco products, tobacco-related devices, imitation tobacco products, lighters, or electronic cigarettes at any time on school property or at off-campus, school-sponsored events.

It shall be a violation of this policy for Union City Public Schools to solicit or accept any contributions, gifts, money, curricula, or materials from the electronic cigarette industry, tobacco industry, tobacco-related device industry or from any tobacco products shop or vape shop. This includes, but is not limited to, donations, monies for sponsorship, advertising, promotions, loans, or support for equipment, uniforms, and sports and/or training facilities. It shall also be a violation of this policy to participate in any type of service funded by any of the industries listed above.

Union City Public Schools shall act to enforce this policy and to take appropriate action against any student, staff, administrator, or visitor who is found to have violated this policy and will refer to the Code of Student Conduct Policy.

Instruction to discourage the use of tobacco shall be included in the education provided for all students. Staff responsible for teaching tobacco-use prevention shall have adequate training and participate in ongoing professional development activities to effectively deliver the education program as planned.

A sign indicating that smoking is prohibited in school buildings and on school grounds will be posted at each public entrance of a school building in accordance with law. The sign shall indicate that visitors are subject to a fine.

A student who violates the provisions of this Policy shall be subject to appropriate disciplinary measures in accordance with the district’s Student Discipline/Code of Conduct and may be subject to fines in accordance with law. In the event a student is found to have violated this Policy and the law, the Principal or designee may file a complaint with the appropriate Municipal Court or other agency with jurisdiction as defined in N.JA.C. 8:6-9 1(c)

EXCEPTIONS

A. It shall not be a violation of this policy for tobacco products, tobacco-related devices, imitation tobacco products, lighters, or electronic cigarettes to be included in instructional or work-related activities in Union City Public School buildings if the activity is conducted by a staff member or an approved visitor and the activity does not include smoking, chewing, or otherwise ingesting the product.

B. It shall not be a violation of this policy to use a product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.

C. It shall not be a violation of this policy to use a product pursuant to the Compassionate Use of Medical Marijuana Act, P.L. 2015, c.158, provided that all requirements of the act have been followed.

RESPONSE PROTOCOL

A. Immediate referral to the school nurse shall take place in every case where a student is found to be in possession of an electronic cigarette or vape product, or where there is otherwise reason to believe that a student has used or possessed an electronic cigarette or vape product on school grounds or at a school function. The purpose of the referral shall be to assess the student to determine if the student has any immediate medical needs. As a part of making this determination, the nurse will take the student’s vital signs.

B. A student shall be subject to a search in every case where a student is found to be in possession of an electronic cigarette or vape product, or where there is otherwise reasonable suspicion that a student has used or possessed an electronic cigarette or vape product on school grounds or at a school function. The search may include the student’s person, their property and their personal effects, as well as the student’s school locker and the student’s vehicle if on school grounds. Any such search shall fully comply with district policy. The school reserves the right to test the confiscated vape products for contents to determine the appropriate policy to follow.

C. If the student is suspected of being under the influence of alcohol or other drugs upon assessment by the school nurse, or is otherwise reported by any educational staff member as suspected of being under the influence, the student shall be referred for immediate medical examination by a licensed physician pursuant to N.J.S.A. 18A:40A 12 and N.J.A.C. 6A:16-4.3.

D. If the vape product used by the student, staff member, or visitor is not suspected to contain or have been used for cannabis/marijuana or any other illegal substance, it should be considered a tobacco/nicotine product and the device shall be confiscated and shall be returned to parent/ guardian upon request.

E. Pursuant to the Uniform Memorandum of Agreement between Education and Law Enforcement electronic smoking devices shall be reported to law enforcement when there is reasonable suspicion that the device is being used as a nexus for marijuana or other illegal drugs.

Revised: 17 October 2019

Revised: 18 October 2018

Revised: 24 October 2013

Revised: 2 March 2010

Adopted: 26 July 2005