Smoke and Tobacco Free Environment: BAS-0007

Effective Date: January 14, 2019

Last Revision Date: January 14, 2019


Smoke and Tobacco Free Environment

(Policy BAS-0007)

I. Purpose of the Policy

As a leader in higher education, the University of California has a role in promoting health-­‐enhancing behaviors. The Surgeon General of the United States has determined that cigarette smoking is the leading preventable cause of illness and premature death in the nation. Moreover, research indicates that nonsmokers who are regularly exposed to passive (secondhand) tobacco smoke are also at increased risk of illness. Passive smoke appears to be especially deleterious to the health of certain populations, including the elderly, children and individuals with allergies, asthma, respiratory disease, or cardiovascular disease. For these reasons, the Surgeon General has urged employers to implement broad-­‐based health promotion programs with special emphasis on smoking cessation. The response to the Surgeon General's advice and the medical evidence has been an overwhelming trend toward protection of the health and safety of nonsmokers.

In a letter, dated January 9th, 2012, President Yudof announced to all Chancellors that the University of California (UC), as a national leader in healthcare and environmental practices, has committed to making all UC campuses, buildings, and owned/operated properties smoke and free environments effective January 2, 2014. Each campus was charged with developing campus-specific policies and procedures to implement the smoke and tobacco free directive.

Implementation of the UC Santa Cruz Smoke & Tobacco-Free Environment policy on January 1, 2014, is pursuant to the University of California Presidential directive.

II. Definitions

Members of the University Community: Includes academic appointees, staff, students, volunteers,
contractors and visitors.

Smoke/Tobacco Free: No smoking, no use of smokeless tobacco products, no use of nicotine products not regulated by the U.S. Food and Drug Administration (FDA) for tobacco cessation, no use of any electronic smoking devices (e.g., electronic cigarettes), no smoking or vaping of marijuana, and no smoking of other plant-­‐based products on all University controlled properties (including parking spaces) and in all vehicles. This also includes all on-campus residential areas with the exception of employee-­‐owned housing.

Smoking: Inhaling, exhaling, burning, or carrying any lighted or heated plant product intended for inhalation, whether natural or synthetic, including tobacco and marijuana. This includes the use of any electronic smoking device that creates an aerosol or 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. as well as smoking substances that are not tobacco, such as marijuana, as well as the use of smoking instruments.

Tobacco or Tobacco Product: A product containing, made, or derived from the leaves of the genus Nicotiana or from synthetic nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, chewing tobacco, shisha, pipe tobacco, snuff, and all other forms of smokeless and oral tobacco. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, cigars, pipes, hookahs, and electronic smoking devices (e.g., electronic cigarettes).

Marijuana: All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

UCSC Controlled Property: a) All University property operated as part of the UCSC Campus, including campus buildings, residential facilities, structures and facilities, parking structures and surface lots, and grounds, including undeveloped areas; and b) all off-campus University owned or leased property or facilities operated by UCSC staff or academics in support of UCSC administrative, teaching, research or other public service functions. This includes buildings, athletic and entertainment facilities (both indoors and outdoors), sidewalks, roadways, parking lots, and grounds. This includes University owned, rented or leased vehicles and also applies to personal vehicles while parked on University property. This applies to all housing and residential facilities including Provost/College houses with the exception of employee-­‐owned housing. Leased facilities include those properties where the University has a 100% ownership interest or an exclusive lease interest.

III. Detailed Policy Statment

Smoking and all other tobacco use are not permitted on UCSC controlled property. All smoking, use of smokeless tobacco products and the use of unregulated nicotine products not approved by the FDA for cessation are prohibited. The use of marijuana is prohibited under federal regulations. The sale, advertising, promotion, or distribution of tobacco products is also prohibited. In an ongoing effort to enhance awareness and encourage a culture of compliance, members of the UC community are encouraged to respectfully inform others about the policy.

This policy prohibits retaliation against any person who reports policy violations in good faith;
who assists someone else with such a report; or who participates in an investigation or resolution of a report.

IV. Responsibilities

Each member of the University community is responsible for observing and adhering to the Smoke and Tobacco Free Environment policy. Effective implementation depends on the respect and cooperation of all members of the University community in order to foster a safe and healthy campus environment. Any member of the campus community who observes a policy violation is encouraged to respectfully remind the violator of this policy and may submit an online Non-­‐Compliance Report (anonymously, if preferred) and/or report the violation to their supervisor.

Vice Chancellors, Deans, and Unit/Department Heads are responsible for ensuring that members of the
University community within their area(s) are informed of the policy and that they comply; this includes:

  • Ensuring that the policy is prominently posted and notes in handbooks, websites, catalogs, and in academic, student and staff recruitment materials within their area(s) of responsibility. 
  • Promoting the policy and resources to employees and students within their respective areas, including
    incorporating the policy in the appropriate student and employee recruitment and orientation programs; and ensuring that visitors who may attend programs or events, or are retained to stage events sponsored by the department, are notified of the policy and UCSC's requirement that all such visitors comply with the policy. In addition, all volunteers, trainees, vendors, contractors, and supplemental staff employed through contract agencies must be made aware of and required to adhere to this policy.
  • Enforcing the policy as appropriate or seeking assistance with enforcement when needed. Individuals observed smoking should be reminded in a respectful manner of the University policy. Observations of smoking violations may also be reported through the campus online Non-­‐Compliance Report.

Managers and supervisors are encouraged to seek guidance from Staff Human Resources or the Academic
Personnel Office and to answer questions and respond to concerns from their employees and constituents regarding this policy. Concerns related to the implementation of this policy should be forwarded to the responsible department head for coordination with the Office of Risk Services.

V. Exceptions to Policy

Exceptions to the UC Santa Cruz Smoke and Tobacco Free Environment policy may be granted for the following reasons:

  1. Research involving tobacco or tobacco products upon approval of the Office of Research Compliance Administration.
  2. For traditional ceremonies by recognized cultural and religious groups or individuals practicing such ceremonies with prior approval of the Office of Risk Services. Ceremonial use is defined as tobacco use for ritual, healing and/or traditional purposes in religious, cultural or ethnic events. In the event of denial and an appeal, an individual with a background in the study of traditional ceremonies, religion, and/or First Amendment rights will be consulted.

VI. Compliance

All members of the University community are expected to adhere to this policy.

Any individual found to be in violation of this policy may be subject to disciplinary action in accordance with applicable faculty, staff personnel, or Student Code of Conduct policies, including collective bargaining agreements, as well as other relevant laws and university regulations or policies.

The University Police Department may also establish fines which shall not exceed $100.00 per violation of this policy (CA Gov Code 7597.01).

VII. Getting Help

If you need help with ... Contact ...
…requesting approval for an exception to this policy for traditional ceremonies Email Request for Exception form (see Appendix A) to tobaccofree@ucsc.edu
interpreting this policy Cindy Delgado, Assistant Director, Workers Compensation Services, Risk Services, 831-459-1787, tobaccofree@ucsc.edu
 reporting policy violations http://tobaccofree.ucsc.edu/policy/non-compliance-form.html and/or your supervisor
 getting smoke and tobacco free signs Cindy Delgado, Assistant Director, Workers Compensation Services, Risk Services, 831-459-1787, tobaccofree@ucsc.edu
 quitting smoking or other tobacco  products See Cessation Resources in Section IX below

VIII. Applicability and Authority

The Smoke and Tobacco Free Environment policy applies to all academics, staff, students, volunteers, contractors, and visitors to all UCSC controlled properties with the exception of employee-owned housing.

This policy supersedes any and all campus policies, regulations and procedures that have been
previously implemented by campus agencies regarding the use of tobacco, tobacco-free products, and smoking.

The Vice Chancellor for Business and Administrative Services is the campus authority for the Smoke and Tobacco Free Environment policy with implementation authority delegated to the Assistant Director, Workers Compensation. This policy was reviewed and approved by Campus Provost/Executive Vice Chancellor, Marlene Tromp and is effective 1/14/2019. This policy will be reviewed every five years.

IX. Related Policies/References for More Information

Related Forms

Appendix A: Request for Exception form

References

University of California Smoke and Tobacco Free Environment Policy

January 9, 2012 Letter from President Yudof

California Government Code - Smoking in State Buildings (7596 – 7598)

UC Guidance on Marijuana

U.S. Safe and Drug-Free Schools and Communities Act (20 U.S.C 1145g; 1011i; 34 C.F.R. Part 86)

U.S. Drug-Free Workplace Act of 1988 (41 U.S.C. §8101 et seq.)   

Cessation Resources

Students: Student Health Center has cessation programs for students.

Faculty & Staff: The various employee health insurance programs provide options for cessation support.  

UC Living Well Program

http://uclivingwell.ucop.edu/staywell/welcome.html

Employee Assistance Program Optum Live and Work Well Online Resources

https://www.liveandworkwell.com    

Visitors and Campus Guests: A variety of helplines and websites are available to students, staff, faculty and the general public.

California Smokers’ Helpline

1-800-NO-BUTTS

http://www.californiasmokershelpline.org/

The California Smokers' Helpline is a telephone program that can help you quit smoking. Helpline services are free and funded by the California Department of Health. The Helpline has been in operation since 1992. Every month, thousands of Californians call and receive help.

Santa Cruz County Tobacco Education Coalition

http://www.santacruzhealth.org/HSAHome/HSADivisions/PublicHealth/CommunityHealthEducation/TobaccoEducationCoalition(TEC).aspx

This is an advocacy group that promotes a tobacco-free lifestyle and environment. The Coalition was formed in 1985 and is currently funded by Proposition 99, the sales tax on cigarettes. The Coalition consists of community organizations as well as concerned grandparents, ex-smokers, and people who have lost a loved one to smoking.

Try-To-Stop

http://makesmokinghistory.org/

This is an online, interactive quit site developed by the Massachusetts Department of Public Health. The Quit Wizard will help you assess your risk factors, set a quit date and keep you smoke free. Other features include success stories, expert advice and a bulletin board. There are many language options including Spanish, Korean, Chinese, Haitian-Creole, Russian and Portuguese.

Web MD

http://www.webmd.com/smoking-cessation/default.htm

This site allows you to set goals, design your own personalized quit plan, find out about nicotine replacement therapy and read up on quitting options. There is a smoking cessation support group and articles on the latest news, like facts about nicotine water.

Smokers Anonymous
http://www.projectknow.com/research/smokers-anonymous/

Smokers Anonymous is a self-help smoking cessation group that uses the principles and 12-step method of Alcoholics Anonymous as the basis for its program.

X. Revision History

May 31, 2018: Changed the title and number of the policy to Smoke and Tobacco Free Environment (BAS-0007). Changed the department with implementation authority for the policy from EH&S to Risk Services. Revised Section VI Exceptions to the Policy to include individuals practicing recognized traditional ceremonies involving tobacco use. Added guidelines for who will be consulted in the event of a denial and appeal. Deleted exceptions for 1) theatrical productions requiring the appearance of smoking and 2) for property acquired by gift or bequest to the University. Removed “tobacco use for educational or clinical purposes” from the research exception.

January 1, 2014: new policy

 


UC Santa Cruz Policy

Vice Chancellor Business and Administrative Services

sclatham@ucsc.edu, (831) 459-3778