Smoke and Tobacco-Free Environment

I. REASON FOR THIS POLICY

This policy and its procedures set forth University protocols related to tobacco and smoking on University property in order provide a safe and heathy learning and working environment for students, faculty, staff, and visitors in compliance with SDBOR Smoking Policy 4.7.2 and SDCL Ch. 34-46 and other applicable federal and state laws.

II. Definitions

1. Electronic Smoking Device. Any e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product.
2. Smoking. The act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form, including the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form.
3. Tobacco Product. Any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco (snuff, chewing tobacco), and vapor products.
4. University Property. For purposes of this policy, University property includes, but is not limited to, parking lots, paths, athletic fields, sports/recreational areas, facilities, vehicles, and any other indoor and outdoor areas under the control of the University, whether owned or leased.

III. STATEMENT OF POLICY

1. 1. Prohibited Use. Smoking, use of tobacco products, and electronic smoking devices shall be prohibited on University property.
   2. Audience. This policy applies to all persons and to all University property, regardless of location.
   3. Enclosed Spaces. Smoking, use of tobacco products, and electronic smoking devices shall be prohibited in any enclosed place, including but not limited to, all offices, classrooms, hallways, community areas, performance venues, and residential spaces within University housing.
   4. Advertising. No advertising or sponsorship related to smoking, use of tobacco products, or electronic smoking devices shall be permitted on University property, at University-sponsored events, or in publications produced by the University.
      1. This section applies to the use of a tobacco product or electronic smoking devices brand or corporate name, trademark, logo, symbol, motto, selling message, recognizable pattern or colors, or any other indicia of product identical to or similar to, or identifiable with, those used for any brand of Tobacco Products or company which manufactures Tobacco Products.
         
         
         
   5. Enforcement. All faculty and staff shall be responsible for adhering to and enforcing this policy.
      
      1. “Smoking and Tobacco Free Campus” signs shall be posted in University building entrances and parking lots.
      2. No ashtrays shall be provided at any location on University property.
      3. Employees and students who refuse to comply with this policy may be subject to corrective or disciplinary action applicable to their student or employment status. Third parties who refuse to comply with this policy may be subject to ejection from campus and refused reentry in accordance with University policies.
   6. Policy Distribution. Copies of this policy shall be distributed to all students, faculty, and staff through appropriate electronic or print mediums.
   7. Training. Human Resources shall provide smoke and tobacco-free environment education for all new employees.
      
      

   Exclusions
   Tobacco Cessation Products. The term, Electronic Smoking Device, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose.
   
   

   1. 1. 1. 1.  

   Exceptions
   Exceptions to this policy must be approved by the President’s designated University official in advance of use.

2. Specific activities used in connection with the practice of cultural activities by American Indians that are in accordance with the American Indian Religious Freedom Act (42 U.S.C. sections 1996 and 1996a) handled in accordance with University policy are exempt from this policy for traditional religious and cultural practices.

   IV. PROCEDURES (MAJOR)

   1. Student Noncompliance
      1. Student Affairs representatives shall follow-up with students refusing to comply to reiterate policy requirements and tobacco use cessation support resources available.
      2. Continuing violations shall result in appropriate disciplinary action in accordance with the Student Code of Conduct.
   2. Employee Noncompliance
      1. Immediate supervisors shall follow-up with employees refusing to comply to reiterate policy requirements.
      2. Continuing violations shall result in appropriate corrective or disciplinary action in accordance with the policy applicable to the employee’s status at the University.
   3. Ceremonial Use Exception. In accordance with the American Indian Religious Freedom Act, students may request an exception from this policy to practice cultural activities on University property while respecting the rights of other students to smoke-free air.
      
      1. A student must submit a Ceremonial Use Exception Form to the Director of Residence Life.
      2. University Residence Life staff shall approve or deny the exception.
      3. If the exception is approved, the student shall meet with her/his respective Residence Hall Director to develop a notification plan for other students in the housing unit for when smudging and/or pipe ceremonies will occur in the privacy of the student’s room.
      4. Neither non-practicing persons nor the building structure or furnishings shall be exposed to excessive smoke. Students participating in this exception shall control excess smoke by exercising positive steps for ventilation.
      5. All University residence hall personnel are responsible for enforcing this exception.
      6. Willful breach of this exception shall result in its revocation.
      7. If a student is not a resident of campus housing, the student shall follow the same procedures routed through the VP for Student Affairs.

   V. RELATED DOCUMENTS, FORMS, AND TOOLS

   Ceremonial Use Exemption Form

   VI. POLICY HISTORY

   Adopted: 04/10/1987
   Revised: 10/30/2018
   Revised: 04/29/2024