WSR 12-11-042

PROPOSED RULES

EVERETT COMMUNITY COLLEGE


[ Filed May 10, 2012, 4:17 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-07-014.

Title of Rule and Other Identifying Information: Tobacco use policy.

Hearing Location(s): Everett Community College, Olympus Hall 205, Olympus Board Room, 2000 Tower Street, Everett, WA 98201, on July 17, 2012, at 5:00 p.m.

Date of Intended Adoption: July 17, 2012.

Submit Written Comments to: Jennifer Howard, Vice-President of Administrative Services, c/o Everett Community College, 2000 Tower Street, Everett, WA 98201, e-mail jhoward@everettcc.edu, fax (425) 388-9228, by July 17, 2012.

Assistance for Persons with Disabilities: Contact Kathy Cook, director of disability services, by July 17, 2012, TTY (425) 388-9438 or (425) 388-9273.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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.

Reasons Supporting Proposal: As described above, this rule will provide a safer, healthier working and learning environment for all students, employees and patrons of Everett Community College.

Statutory Authority for Adoption: RCW 28B.50.140.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Everett Community College, governmental.

Name of Agency Personnel Responsible for Drafting: Jennifer Howard, Everett Community College, 2000 Tower Street, Everett, WA 98201, (425) 388-9232; Implementation and Enforcement: Patrick Sisneros, Everett Community College, 2000 Tower Street, Everett, WA 98201, (425) 388-9026.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There are no economic impacts to small businesses.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jennifer Howard, Vice-President of Administrative Services, 2000 Tower Street, Everett, WA 98201, phone (425) 388-9232, fax (425) 388-9228, e-mail jhoward@everettcc.edu.

May 7, 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