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Policy 1111
Smoking Regulations

Date of Current Revision: February 2011
Responsible Officer: Director, Human Resources

1. PURPOSE

This policy establishes the rules and regulations concerning smoking on the JMU campus, on property controlled by JMU, and in facilities and vehicles owned or controlled by JMU. This policy ensures compliance with the Virginia Executive Order 41.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth to govern the university, including the authority to establish rules for its safe operations. See Code of Virginia section 23-9.2:3. This power is delegated to the President in areas in which the Board has not established policy.

3. DEFINITIONS

Smoking: The carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or device; or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, cigarette, or any other smoking equipment or device of any kind.

4. APPLICABILITY

This policy applies to all employees, students, contractors, visitors, and all other individuals while they are on university owned or operated property, or in university vehicles.

5. POLICY

Smoking is not permitted within buildings, facilities, structures, or vehicles owned, leased or rented by the university, including parking garages, covered walkways, temporary enclosed structures, trailers, and tents as well as structures placed on state-owned property by contractors or vendors. This includes individual offices. Smoking is permitted outdoors on university grounds, plazas, sidewalks, malls and similar open pedestrian-ways, unless such areas are designated as non-smoking areas, provided smokers are 25 feet or more in distance away from an entrance, exit, outdoor air intake, or operable window of any facility, including parking garages. Smokers are required to use ash urns to dispose of their smoking material waste and are prohibited from littering state-owned property with smoking material waste.

6. PROCEDURES

6.1 Petition to Designate Outdoor Smoking Areas
Persons wishing to have a specific outdoor area designated as an outdoor smoking area may petition the building coordinator of the nearest building or other employee in charge of the outdoor space for the area to be designated as a smoking area. The building coordinator or employee in charge of the area will forward the petition through the appropriate individuals to the AVP or dean responsible for management of the outdoor area. The AVP or dean may either grant or deny the petition. If the petition is granted, the AVP or dean's office will contact the Director of Facilities Management to arrange for the installation of appropriate signage designating the area as a designated outdoor smoking area, and arranging for ash urns to be installed at outside locations 25 feet or more from entries, exits, outdoor air intakes, and operable windows to aid smokers in disposing of smoking materials.If the AVP or dean denies the petition, the denial may be appealed to the appropriate senior vice president, whose decision will be final.

6.2 Conflicts
Common courtesy and consideration toward others should be exercised. The university may choose to designate an outdoor area as a non-smoking area, or to remove the designation of an outdoor area as a smoking area, upon the request of any member of the university community. Such requests should be made to the appropriate AVP or dean. Members of the university community who disagree with the AVP or dean's decision to remove the designation of a smoking area or to deny a request to remove the designation of a smoking area may appeal that decision to the appropriate senior vice president, whose decision will be final.

6.3 Accommodations
The university, on the recommendation of the Department of Human Resources, the Office of Equal Opportunity, or the Office of Disability Services, may agree to provide a reasonable accommodation for the documented disability of a student, employee, or visitor by deciding that any outdoor area on campus should be a non-smoking area. This decision may be for a limited amount of time or as a permanent designation. The decision will be made by the AVP or dean, and it may be appealed to the appropriate senior vice president, whose decision in this regard is final.

7. RESPONSIBILITIES

It is the responsibility of each supervisor, manager, department head, director, dean and AVP to enforce the provisions of this policy in their area of accountability.

It is the responsibility of all AVP's and deans to decide on petitions to designate smoking areas, requests to remove the designation of an area as a smoking area and requests for accommodations of documented disabilities regarding smoking areas.

It is the responsibility of the senior vice presidents to resolve all appeals from the decision of an AVP or dean concerning the designation of an area as a smoking area or non-smoking area.

It is the responsibility of all students, faculty, staff and visitors to observe the smoking policy.

8. SANCTIONS

Regarding employees, sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

Regarding students, sanctions will be commensurate with the severity and/or frequency of the offense and may include suspension or expulsion of the student.

Violations of this policy may result in a charge of misconduct under the terms of the Faculty Handbook, Staff Handbook, or Student Standards of Conduct. Additionally, violations shall be considered in an employee's performance evaluation.

9. EXCLUSIONS

This policy does not apply to the use of smoking materials in laboratory research or dramatic productions. Special permission for such research or productions must be obtained from the appropriate AVP/dean prior to the commencement of the research or production.

10. INTERPRETATION

The authority to interpret this policy rests with the president, but is generally delegated to the Director of Human Resources.

Previous update: July, 2010
Approved by the president: October, 2005

Index of Terms

Smoking
No Smoking Areas
Designated Outdoor Smoking Areas