Rule R3-300A: Tobacco Free Campus

Purpose and Scope‌

1. Purpose.

   The Tobacco Free Campus Rule is part of the University of Utah’s commitment to creating a healthy campus for all members of our campus community, and is designed to be positive and supportive of overall health and well-being.

2. Scope.

   The scope of this Rule applies to the premises and vehicles of the University of Utah, owned, leased or controlled. The sanctions and/or discipline described in this Rule apply to University of Utah employees, students, contractors and contractor employees. The Rule is applicable twenty-four (24) hours a day, seven (7) days a week.

3. Effective Date

   1. The provisions of this Rule designating the University of Utah a tobacco free campus are effective July 1, 2017.

   2. The provisions for enforcement of the Rule (including sanctions and discipline) shall be enforced beginning July 1, 2018.

Definitions‌

The definitions provided in Policy 3-300 apply for this rule. In addition, the terms below apply for the limited purpose of this rule.

1. “Tobacco products” shall mean cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, smokeless tobacco, chewing tobacco, snus, snuff, electronic cigarettes and any other nicotine delivery products other than FDA-approved nicotine replacement therapy products.

2. “Nicotine replacement therapy products” shall mean FDA-approved products designed to aid in tobacco cessation including, but not limited to nicotine gum, nicotine inhaler, nicotine lozenges and nicotine patches.

3. “Egregious, chronic or flagrant” shall mean repeated intentional violations of this Rule.

4. “University-owned Vehicles” does not include any privately-owned vehicles used for work purposes..

Rule‌

1. The University of Utah (“University”) prohibits the use of all forms of tobacco products on University Property as described below. The University prohibits any advertising or sale, or free sampling of tobacco products on University property. Littering the campus with the remains of tobacco products or any other related waste product is prohibited.

   1. Use of tobacco products is prohibited in all buildings and vehicles owned or leased by the University, regardless of location. This includes Rice-Eccles Stadium and the University of Utah Hospitals and Clinics.

   2. Use of tobacco products is also prohibited on all University grounds and in any outdoor area controlled by the University. This includes all University parking lots and parking ramps, athletic fields, tennis courts, and recreational areas. Use of tobacco products is prohibited inside any vehicle owned or leased by the University.

   3. The University owns and maintains a limited number of streets within its campus borders. Use of tobacco products is prohibited on such streets and the adjacent sidewalks. See University of Utah maps outlining the campus grounds where use of tobacco products is prohibited.

   4. When any person enters the grounds of the University, any tobacco products shall be extinguished and disposed of in an appropriate receptacle at the perimeter of the grounds of the University.

   5. This Rule does not apply to buildings and outdoor areas of the University of Utah Research Park that are owned by or leased to private entities, except if those buildings or areas are used for University programs or University employees.

   6. This Rule does not apply to the use of e-cigarettes or other forms of smokeless tobacco by University of Utah Performing Arts organizations in on-stage artistic performances; the use of tobacco products in any form in the conduct of research, or in cultural ceremonies.

   7. Smoking is prohibited in all University of Utah Housing and Residential Education facilities https://housing.utah.edu/living-the-u/resident-policies- responsibilities/#tobacco. Smoking is also prohibited in University Student Apartments. See: https://apartments.utah.edu/resident- handbook/index.php#smoking.

   8. Any proposed exceptions to this Rule necessitated by the unusual circumstances of the patient care environment must be approved in writing by the Senior Vice President for Health Sciences.

2. Tobacco Cessation Assistance. The University is committed to supporting all students and employees who wish to stop using tobacco products and assistance is available. The University of Utah, through its Student Health Services and Huntsman Cancer, has smoking cessation and treatment programs available to students, faculty and staff.

3. The University of Utah shall annually communicate to the campus community information concerning this Rule, the opportunities for cessation assistance, and the potential consequences for violating this Rule.

4. The University of Utah encourages the community to support each other in a positive, non-confrontational manner as we transition to a tobacco-free campus.

5. Enforcement

   1. If someone is using tobacco on University property, any person may inform the tobacco user of this Rule and respectfully request that the tobacco user comply. It is a core value that all members of the University community are treated with respect.

   2. Enforcement of the Rule will focus on awareness, education and rehabilitation.

   3. Verbal notices/requests to cease the use of tobacco products will be the primary means for communicating the Rule.

   4. Individuals who disrupt campus operations are subject to University Police engagement which can lead to a class C misdemeanor offense for disorderly conduct for disturbing the peace.

   5. No employee may be terminated for violating this Rule

6. Contractors

   1. Egregious, chronic or flagrant violations of this Rule by employees and University contractors may lead to sanctions pursuant to a corresponding Utah Administrative Rule.

   2. University contractors who fail to monitor and enforce this Rule with their employees while performing work at the University of Utah may risk termination of their contracts with the University.

7. Students

   1. If a student refuses to comply with the Rule the student may be referred to the Office of the Dean of Students for appropriate action under Policy 6-400.

   2. No student may be dismissed or suspended for violating this Rule.

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      Sections IV- VII are for user information and are not subject to the approval of the Academic Senate or the Board of Trustees. The Institutional Policy Committee, the Policy Owner, or the Policy Officer may update these sections at any time.

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Policies/ Rules, Procedures, Guidelines, Forms and other Related Resources‌

1. Policies/ Rules.

   1. Policy 3-300: University Health and Safety Policy

2. Procedures, Guidelines, and Forms.

3. Other Related Resources. [ reserved ]

References‌

1. Policy 5-111: Corrective Action and Termination Policy for Staff Employee

2. Policy 5-205: Code of Conduct for Staff

3. Policy 6-316: Code of Faculty Rights and Responsibilities

4. Policy 6-400: Code of Student Rights and Responsibilities

5. Rule R5-111A: Staff Corrective and Disciplinary Actions (non-Hospital and Clinics staff)

6. Rule R5-111B: Staff Corrective and Disciplinary Actions (Hospital and Clinic staff)

Contacts‌

The designated contact officials for this Regulation are

1. Policy Owner(s) (primary contact person for questions and advice): Managing Director for Occupational and Environmental Health and Safety

2. Policy Officer(s): Chief Administrative Officer and CFO

   See Rule 1-001 for information about the roles and authority of policy owners and policy officers.

History‌

Revision History.

1. Current version. Revision 0.

   1. Approved by -- Academic Senate May 1, 2017 with effective date of July 1, 2017 and amended March 8, 2018.

   2. Editorial Revisions

      1. Editorially revised August 15, 2023 to move to current regulations template.

      2. Editorially revised August 15, 2023 to replace a reference to the “student code” with a reference to Policy 6-400

      3. Editorially revised February 25, 2022 to replace gender-specific pronouns.

2. Renumbering

   1. Not applicable