WSR 12-16-005

PERMANENT RULES

EVERETT COMMUNITY COLLEGE


[ Filed July 19, 2012, 1:27 p.m. , effective August 19, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule will create an entirely tobacco free environment at Everett Community College. The impact of this rule will be improved air quality, improved campus cleanliness, and improved health for those who currently smoke but choose to quit. Smokers will experience inconvenience in having to go off campus to use tobacco products. Additional consequences will be issued for student and employee violators beyond what is allowed in the current policy, including fines and other discipline as per the relevant handbook or union collective bargaining agreement.

Citation of Existing Rules Affected by this Order: Amending WAC 132E-120-410.

Statutory Authority for Adoption: RCW 28B.50.140.

Adopted under notice filed as WSR 12-11-042 on May 10, 2012.

A final cost-benefit analysis is available by contacting Jennifer Howard, 2000 Tower Street, Everett, WA 98201, phone (425) 388-9232, fax (425) 388-9228, e-mail jhoward@everettcc.edu.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 17, 2012.

Jennifer L. Howard

Vice-President of

Administrative Services

OTS-4681.1


AMENDATORY SECTION(Amending WSR 00-17-015, filed 8/3/00, effective 9/3/00)

WAC 132E-120-410   Tobacco use policy.   The college's board of trustees has adopted the following tobacco use policy:

(((1) Use of tobacco in any form shall not be allowed in college buildings, enclosures or state-owned vehicles and will not be sold or distributed on campus grounds.

(2) The president shall sponsor and/or assist in the establishment of tobacco cessation programs.

(3) Students who willfully violate this policy will be subject to disciplinary procedures.

(4) The success of this policy depends upon the thoughtfulness, consideration, and cooperation of both smokers and nonsmokers. All college community members and visitors share in the responsibility for adhering to and enforcing the policy. Any problems should be brought to the attention of a college administrator, program supervisor, or campus security and handled through the normal chain of authority.

(5) The college has designated specific areas outside on college grounds as smoking areas. These are the only areas on campus where smoking is permitted.)) Everett Community College acknowledges and supports the findings of the Surgeon General that tobacco use in any form, active and passive, is a significant health hazard. The college further recognizes that environmental tobacco smoke has been classified as a Class A carcinogen.

In accordance with the Washington Clean Indoor Air Act of 1985 (chapter 70.160 RCW) and in recognition of the executive order establishing governor's policy on smoking in state facilities, and in support of a safe and healthy learning and working environment, smoking or other tobacco usage is not permitted within the perimeter of Everett Community College property, including usage in any vehicle parked on college property.

To achieve the goal of a healthy, tobacco-free environment, the following are also prohibited:

(1) The use of other tobacco products, such as smokeless or chewing tobacco.

(2) The use of electronic cigarettes.

(3) The sale of tobacco products or tobacco related merchandise.

(4) The free distribution (sampling) of tobacco products and associated products.

(5) Sponsorship of campus events by organizations that promote tobacco use.

(6) Advertisement of tobacco products at campus events regardless of sponsorship.

Tobacco cessation aids including, but not limited, to nicotine patches and nicotine gum are permissible.

Smoking may be permitted in a theatrical production when it is required in the script. In these circumstances, there must be an appropriate safe method of extinguishing any resultant fire readily available. Audiences must be notified that there will be smoking on stage.

Violations of the above policy may result in a fine and/or disciplinary action.

Definitions

"College property" includes all college sidewalks, parking lots, landscaped areas, recreational areas and buildings on Everett Community College property; the interior of all buildings located on the college property; and in any and all vehicles owned or operated by Everett Community College regardless of location.

"Improper disposal" includes, but is not limited to, spitting smokeless tobacco product, littering (i.e., discarded cigarette butts, throwing cigarette butts out of windows), leaving spit container, or anything that creates fire hazards.

"Smoking" includes the inhaling, exhaling, burning, or carrying of any lighted smoking material, including cigarettes, cigars, or pipes.

[Statutory Authority: RCW 28B.50.140. 00-17-015, 132E-120-410, filed 8/3/00, effective 9/3/00.]

Washington State Code Reviser's Office