4215 - USE OF TOBACCO BY SERVICE PERSONNEL

Cabell County Schools

Bylaws & Policies

4215 - USE OF TOBACCO BY SERVICE PERSONNEL

The Board of Education recognizes that the use of tobacco presents a health hazard which can have serious consequences both for the user and the nonuser and is, therefore, of concern to the Board.

"Tobacco" means any items containing the leaves of cultivated tobacco plants, in any form or amount, dried and processed. Products include, but are not limited to cigarettes, cigars, snuff, spit tobacco, smokeless tobacco or pipe tobacco.

For purposes of this policy, "use of tobacco" means to chew or maintain any substance containing tobacco, including smokeless tobacco, in the mouth to derive the effects of tobacco, as well as all uses of tobacco, or tobacco substitutes, including a cigar, cigarette, pipe, snuff, chewing, or any other matter or substances that contain tobacco and/or smoking of electronic, "vapor," or other substitute forms of cigarettes, clove cigarettes and any other lighted smoking devices for burning tobacco or any other substances.

In order to protect students and staff who choose not to smoke or use tobacco from an environment noxious to them, and because the Board does not condone smoking or the use of tobacco or tobacco substitute products, the Board prohibits the use and the distribution of tobacco by service personnel employees:

	A.	on any property owned, leased or operated by the West Virginia Department of Education, West Virginia Board of Education, a county board of education or a Regional Education Service Agency (hereinafter RESA);
	B.	at any education-sponsored event;
	C.	on a school bus or other vehicle used for a school related event or other school/county or RESA function;
	D.	at any school-sponsored activity or event, whether the activity or event is held on school grounds, in a building or other property used or operated by a county board of education, RESA or the West Virginia Department of Education, West Virginia Board of Education.

Individuals supervising students off school grounds are prohibited from using tobacco products in the presence of students and/or at any time while engaged in activities directly involving students.

Upon request, the County shall make referral to voluntary support programs that address the physical, psychological and social issues for those employees that wish to discontinue the use of tobacco products or have violated this policy.

Enforcement provisions for staff may include, but are not limited to: referral to an Employee Assistance Program, referral for criminal prosecution, conference with supervisor and disciplinary actions up to and including dismissal.

The following discipline plan has been approved by the Cabell County Board of Education:

	A.	First Offense – Written reprimand by immediate supervisor and suggestion to attend a tobacco cessation program. Notation in reprimand of suspension without pay if problem occurs again.
	B.	Second Offense – Written reprimand placing documentation in employee’s file and one (1) day suspension without pay.
	C.	Third Offense – Documentation in evaluation and implementation of improvement plan with three (3) days suspension without pay.
	D.	Fourth Offense – Documentation in evaluation and continuation of improvement plan with five (5) days suspension without pay.
	E.	Fifth Offense – Disciplinary action or actions will be recommended by the Superintendent to the Cabell County Board of Education.

This policy shall be communicated to all school employees through staff development, employee handbooks, general public notification (e.g., signs, announcements), and/or Cabell County Board Bylaws and Policies.

The County shall review this policy at least every two (2) years and make modifications as necessary.

WV Code 16-9A-4
West Virginia Board of Education policy 2422.5
20 U.S.C. 6081 et seq.

Revised 6/3/08
Revised 3/31/09
Revised 4/17/12