Student Tobacco and Nicotine Violations: JICG

School districts are required by law to have a policy prohibiting student use or possession of tobacco at school and in related locations as described in Superintendent Policy JK – Student Code of Conduct. Parents or students who have concerns or questions about student tobacco or nicotine issues are encouraged to contact a school counselor or mental health provider, school administration, or District administration to discuss resources that may be available to assist them.

1. Violations. The use of tobacco or nicotine, or possession of tobacco or nicotine products at school is prohibited. Signs will be posted in prominent places on district property notifying the public that smoking and use of tobacco or nicotine products is prohibited.
2. Definitions. For purposes of this policy the following definitions apply.
   • 2.1 “Tobacco” is defined as all forms of tobacco or nicotine ingested by chewing, inhaling, smoking or any other means. This includes any product derived from tobacco or which contains nicotine, and any product packaged for smoking. This does not include any product that has been approved as a recognized tobacco cessation product, including gum or skin patches.
   • 2.2 “Tobacco Paraphernalia” means any electronic device or vaporizer that can be used to deliver tobacco, nicotine or other substances to the person inhaling from the device, including but not limited to electronic cigarettes, vapor pens, hookahs, cigars, cigarillos or pipes.
   • 2.3 “Use” means lighting, chewing, smoking, inhaling ingesting or application of any tobacco or nicotine product.
   • 2.4 “Possession” means bringing, possessing or having in one’s control tobacco or nicotine products.
3. Consequences and Interventions. The typical progression of interventions for violations of this policy will be as follows:
   • 3.1 Staff members should confiscate tobacco or nicotine product(s) when a student has violated this policy and parents should be notified of the violation.
   • 3.2 1st Offense – The student will be warned, the parent will be notified and both student and parent will be provided education about the policy and tobacco and nicotine cessation resources.
   • 3.3 2nd Offense – The policy will be reviewed again with the student and parent, and inbuilding sanctions such as detention or loss of privileges, not to exceed a one (1) day inschool suspension may be issued at administrator’s discretion.
   • 3.4 3rd Offense – Three or more tobacco or nicotine related offenses may result in the student being issued an out of school suspension not to exceed two (2) days. Students not already participating in a tobacco or nicotine cessation program may have their suspension reduced by providing confirmation of enrollment in such a program.
   • 3.5 4th and Subsequent Offense – Such violations will be considered defiance of authority and may result in suspension of up to three (3) days.
   • 3.6 Repeat violations of this policy may result in a referral to law enforcement. Individual municipalities within District 27J may have ordinances restricting possession or use of tobacco or nicotine by minors.
   • 3.7 Offenses and consequences for violations of this policy may be cumulative for a period of three (3) calendar years. Offenses confirmed from schools prior to enrollment in the District may apply toward this cumulative total.

 

Adopted October 14, 1975 

Revised 1978 Revised February 27, 1990 

Revised June 27, 1995 Revised January 10, 2014 

Revised April 2, 2014 

Revised July 14, 2015

 

LEGAL REFS:

20 U.S.C. 7181 et seq.  

C.R.S. 18-13-121  

C.R.S. 22-32-109

C.R.S. 25-14-103.5 

C.R.S. 25-14-301

 

CROSS REFS:

IHAM, Health Instruction

KFA, Public Conduct on District Property 

JK, Student Code of Conduct

JKD, Student Due Process