MSD Policies

Personnel

107 Tobacco Products

No person shall use any tobacco product in any facility maintained by the School District, or on any of the grounds of the District.

"Tobacco products" means cigarettes, cigars, snuff, smokeless tobacco, smokeless cigarettes, products containing tobacco, and tobacco in any other form.

Signage

The District shall place signs in all buildings, facilities and school vehicles stating that the use of tobacco products is strictly prohibited. 

"Facility" is any place which is supported by public funds and which is used for the instruction of students enrolled in preschool programs and in all grades maintained by the District. This definition shall include all administrative buildings and offices and areas within facilities supportive of instruction and subject to educational administration, including, but not limited to, lounge areas, passageways, rest rooms, laboratories, classrooms, study areas, cafeterias, gymnasiums, maintenance rooms, and storage areas. 

"Grounds" is defined as any outside area within the perimeter of school buildings including, but not limited to, parking lots, playing fields, and any other land designated as school property.

Enforcement

It is the responsibility of the building administrator or his/her designee, to initially enforce this policy by requesting that any person who is violating this policy to immediately cease the use of tobacco products. Immediately following the request, the administrator or his/her designee shall collect evidence of the tobacco use.

After this request is made, if any person refuses to refrain from using tobacco products in violation of this policy, the administrator or his/her designee may call the local police who shall then be responsible for all enforcement proceedings and applicable fines and penalties.

Students

No student shall purchase, attempt to purchase, possess or use any tobacco product in any facility, in any school vehicle or anywhere on school grounds maintained by the District.

Enforcement of this prohibition shall initially rest with the building administrator or his/her designee, who may report any violation to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.

The Board shall develop regulations which cover disciplinary action to be taken for violations of this policy. These regulations shall be communicated to students by means deemed appropriate by the principal. In addition to disciplinary actions taken by the school, criminal penalties or fines may result from violations of this policy.

The fines and penalties are as follows:

A fine not to exceed $100 for each offense or the minor shall be required to complete up to 20 hours of community service for each offense, or both. Where available, punishment may, also include participation in a tobacco education program.

Employees

No employee shall use any tobacco product in any facility, in any school vehicle or anywhere on school grounds maintained by the District. 

Initial responsibility for enforcement of this prohibition shall rest with the building administrator or his/her designee. The administrator may report violations to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.

The administrator of each building shall develop and implement the appropriate means of notifying employees of the possible disciplinary consequences of violating this policy. Any employee(s) who violate(s) this policy is subject to disciplinary action which may include warning, suspension or dismissal. In addition, fines or other penalties may result from enforcement of these prohibitions by other law enforcement officials.

All Other Persons

No visitor shall at any time use tobacco products in any facility, in any school vehicle, or anywhere on school grounds maintained by the District.

Responsibility for enforcement of this prohibition shall rest with all District employees who may report violations to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties. 

NHSBA Code GBED

Statutory References:

RSA 155:64 - 76 (Indoor Smoking Act)

RSA 126-K:6 (Possession and Use of Tobacco Products by Minors)

RSA 126-K:7 (Use of Tobacco Products on Public Educational Facility Grounds Prohibited)

Revised:  9/25/2018

First Reading Coordination: 01/16/02

Second Reading and Approval BOSC: 02/11/02