TOBACCO USE AND POSSESSION ADMINISTRATIVE PROCEDURE
NEPN/NSBA Code: ADC-R
The Superintendent shall be responsible for the development and dissemination of appropriate procedures to implement the non-smoking policy for the Yarmouth School Department. Those procedures shall incorporate the principles and regulations contained herein.
Regulations Pertaining to Students
Any use or possession of tobacco products by any student enrolled in the Yarmouth School System, where on school property, in any school vehicle, or at any school-sponsored activity, is prohibited. Tobacco products include cigarettes, cigars, any other form of tobacco, and any device used in smoking or any other form of tobacco consumption, including but not limited to cigarette papers, pipes, and other devices designed to deliver nicotine through inhalation or vaping, or used to simulate smoking.
Any student who is determined to be in violation of the Non-smoking Policy of the Yarmouth School Department shall be subject to appropriate disciplinary action. Each and every offense will result in the confiscation of the tobacco product, parental notification and/or conference, and in those instances in which the student is under the age of 18, a report of the violation of the Maine State law to the Yarmouth Police Department.
In addition to those responses already discussed, and in the sound exercise of discretion by appropriate School Department personnel, student violations of the Non-smoking Policy of the Yarmouth School Department will result in the imposition of one or more of the following responses;
The student and/or parent(s)/guardian(s) meeting with the Substance Abuse Educator and possible assessment of the student by the Substance Abuse Educator;
Student participation in the Tobacco Education Program;
One or more Saturday detentions
Suspension from school; and
The initiation of expulsion proceedings.
In determining the appropriate School Department response to any particular violation, the Department personnel involved shall consider whether or not the student in violation has, on one or more prior occasions, been determined to be in violation of the Non-smoking Policy. Students should be made aware that second and subsequent violations will result in the imposition of more serious responses by the School Department.
Regulations Pertaining to Faculty and Staff
Smoking or the use of tobacco products by school personnel at any time in any school location is prohibited. School personnel includes administrators, faculty, staff, and all others employed by the Yarmouth School Department. Tobacco products include cigarettes, cigars, and other form of tobacco and any device used in smoking, or any other form of tobacco consumption including but not limited to cigarette papers, pipes, and other devices designed to deliver nicotine through inhalation or vaping, or used to simulate smoking.
Any person employed by the Yarmouth School Department who is determined to have violated the Non-smoking Policy of the Yarmouth School Department will be subject to the following procedure:
First Offense – An employee’s first offense will result in a written warning to the employee by his/her appropriate administrator. The written warning will become a part of the employee’s personnel file. The employee will also be encouraged to attend a Tobacco Cessation Program.
Second Offense – An employee’s second offense will result in a formal reprimand of the employee by his/her appropriate administrator. A letter reflecting the formal reprimand will become a part of the employee’s personnel file. The employee will again be encouraged to attend a Tobacco Cessation Program.
Third Offense – An employee’s third offense will result in the employee meeting with the Yarmouth School Committee and possible suspension from employment without pay and/or dismissal from employment.
Regulations Pertaining to Visitors
A visitor to any Yarmouth School Department facility, function, or event who is determined to be in violation of the Non-smoking Policy of the Yarmouth School Department will be asked to extinguish or discard the tobacco product which is being used. If the visitor refuses to comply with the request, he/she will be asked to leave the facility, function or event.
Adopted: April 11, 1996
Revised: January 26, 2017