Tobacco Free Policy

Policy No.:	8-6	This policy applies to:
Policy Name:	Tobacco Free Policy		Non-exempt staff
Effective Date:	08/01/2015		Exempt staff
Revised:	01/20/2019		Faculty

I. Background and Rationale for Policy

Inspired by the Jesuit commitment to cura personalis, Loyola University New Orleans is committed to promoting a healthy and safe environment for students, faculty, staff, and visitors.

The American College Health Association Position Statement on Tobacco on College and University Campuses “encourages colleges and universities to be diligent in their efforts to achieve a 100% indoor and outdoor campus-wide, tobacco-free environment” (ACHA 2009) and has created objectives for tobacco cessation for students, faculty and staff in Healthy Campus 2020 documents.

The Smoke-Free Campus Committee for Loyola University New Orleans was created on January 17, 2014 at the request of the Student Government Association, in accordance with the enactment of LA ACT No. 211, requiring all public, post-secondary educational institutions to develop smoke-free policies for their campuses effective August 1, 2014. Although ACT No. 211 does not require private universities to be smoke-free, Tulane University elected to comply with the statute and further decided to become a tobacco-free institution effective August 1, 2014.

The first meeting of the Smoke-Free Campus Committee for Loyola University New Orleans was convened on March 20, 2014 and included members from across the Loyola University New Orleans community. As part of their deliberations for the proposed Tobacco Free Community Policy, the Committee members, along with members of the Office of Student Affairs, attended various smoke-free and tobacco-free presentations and seminars offered by the State of Louisiana, the Louisiana Campaign for Tobacco-Free Living and the Ochsner Institute for Wellness and Health. Furthermore, on July 1, 2014, Loyola University New Orleans received a $15,000 grant from the Louisiana Campaign for Tobacco-Free Living to further its mission to become a tobacco- free institution.

General information about the proposed Tobacco Free Community Policy was first shared with the campus community at the University Wellness Expo on September 18, 2014. The Committee also presented the proposed Tobacco Free Community Policy to the Student Government Association in September 2014. Following the presentation, the SGA proposed and ratified a resolution to make Loyola University New Orleans a tobacco-free campus. Further presentations of the proposed Tobacco Free Community Policy were made to the Staff Senate and the University Senate in October 2014 and November 2014, respectively. Loyola University New Orleans implemented the Tobacco Free Policy on August 1, 2015.

The Committee has included research from the EDGAR biennial report, dated June 5, 2017; this information supports the continued need for a Tobacco Free Community Policy. In the category of Substance Abuse, tobacco was listed as one of the primary substances abused among Loyola University New Orleans students.

	Lifetime Prevalence	Annual Prevalence	30‐Day Prevalence	3xs/Week or More
Tobacco use among Loyola students	53%	44.6%	31.7%	15.7%

Source: Loyola University New Orleans Executive Summary – Core Alcohol & Drug Survey – Form 191, June 5, 2017

II. Policy

Loyola University New Orleans acknowledges and supports the findings of the Surgeon General that tobacco use in any form, active and passive and including vaping/the use of e-cigs, is a significant health hazard (U.S. Department of Health and Human Services, 2014). In light of these health risks, and in support of a safe and healthy learning and working environment, Loyola University New Orleans has set the following Tobacco Free Community Policy:

The use of any tobacco product in any form is prohibited on all Loyola University New Orleans facilities and property.
Tobacco is defined to include any lighted or unlighted cigarettes (clove, bidis, kreteks), e- cigarettes, cigars, cigarillos, pipes, hookah products, any other smoking product; as well as any smokeless, spit or spitless, dissolvable, or inhaled tobacco products, including but not limited to dip, chew, snuff, or snus, in any form (orbs, sticks, strips, pellets, etc.).
The sale of tobacco products or tobacco-related merchandise (including items that display tobacco company logos) is prohibited in and on all university-owned property and at all university-sponsored events, regardless of the vendor.
The free distribution or sampling of tobacco products and associated products is prohibited on all university-owned and leased property and at university-sponsored events, regardless of venue. Additionally, Tobacco industry and related company sponsorship of campus events, including athletic events and athletes, is prohibited.

III. Procedure

Compliance

It is mandatory that all faculty, staff, students, and all other individuals affiliated with Loyola University New Orleans follow the measures of this Tobacco Free Community Policy. As per the Faculty Handbook, Staff Handbook and Student Code of Conduct those in violation of University policies are subject to appropriate corrective measures, including disciplinary action.

A. Enforcement

It is the responsibility of supervisors to facilitate and enforce compliance among all employees under their supervision or contract managers to ensure temporary and permanent contract employees comply with this Tobacco Free Community Policy. All members of the Loyola University New Orleans community are expected to identify and address those in violation of the Tobacco Free Community Policy.

B. Consequences for Policy Violation

Sanctions for students will be addressed through the student conduct process by the Office of Student Affairs; staff, by their supervisor; and faculty, by the dean of their college. Consequences of violating the Tobacco Free Community Policy could include but are not limited to verbal warning, written documentation/ warning for both employees and students, and/or a fine of $50 for a first offense, $100 for a second offense, and $150 for all subsequent offenses. Fines can be issued by the Loyola University Police Department when they observe violations of this Tobacco Free Community Policy or by Student Conduct when the violation involves a student.

IV. Policy and Procedure Review

In accordance with the applicable law and Loyola University New Orleans Policy, any individual can voice objections to potential violations of this Tobacco Free Community Policy in an appropriate manner without fear of retaliation. This policy and procedure will be reviewed annually.

V. Answers to Frequently Asked Questions

Why is Loyola University New Orleans a Tobacco‐Free Campus?

The health and safety of faculty, staff, students, and visitors is a top priority for Loyola University New Orleans. In 2014, the Surgeon General of the United States declared that tobacco use remains the nation’s leading preventable cause of premature death and disability (U.S. Department of Health and Human Services, 2014). Additionally, there is no safe level of exposure to second-hand smoke (U.S. Department of Health and Human Services, 2006). To promote a safe and healthy learning and work environment, Loyola University New Orleans adopted this Tobacco Free Community Policy to encourage tobacco users to reduce or eliminate their consumption, and to protect non-smokers from exposure to tobacco smoke.

Why was smoking selected versus other health risks to address?

Tobacco is the only product that, when used as intended, leads to serious illness and premature death (Kessler, Witt, Barnett, Zeller, Natanblut, Wilkenfeld, and Schultz, 1996). Consider the facts:

Cigarette smoking has been identified as the most important source of preventable disease and illness and premature death worldwide (U.S. Department of Health and Human Services, 2004).
Smoking-related diseases claim an estimated 438,000 American lives each year, including those affected indirectly, such as babies born prematurely due to prenatal maternal smoking and victims of “secondhand” exposure to tobacco’s carcinogens (Cokkinides, Halpern, Barbeau, Ward, and Thun, 2008).

What tobacco products does the Policy apply to?

Loyola’s Policy prohibits the use of all tobacco products on campus, including any lighted or unlighted cigarettes (clove, bidis, kreteks), e-cigarettes, cigars, cigarillos, pipes, hookah products, any other smoking product; as well as any smokeless, spit or spitless, dissolvable, or inhaled tobacco products, including but not limited to dip, chew, snuff, or snus, in any form (orbs, sticks, strips, pellets, etc.).

Why is the use of e‐cigarettes on Loyola’s campus banned?

Electronic cigarettes, also known as e-cigarettes, are battery-operated products designed to deliver nicotine, flavor and other chemicals. They turn chemicals, including highly addictive nicotine, into an aerosol that is inhaled by the user. E- cigs heightens the likelihood of people using other tobacco products, E-cigs are harmful to brain development, defective e-cigs can cause fires and injuries, and E- cigs are often used with another form of tobacco thus increasing, not decreasing, nicotine intake (Lam, Nana, Eastwood, and Asian Pacific Society of Respirology, 2014).

What areas of campus will the Policy cover?

The new Tobacco Free Community Policy applies to all university property, other properties owned or leased by the university, and all university leased or owned vehicles. The Tobacco Free Community Policy also covers all university property, including parking lots and on-campus sidewalks. This Tobacco Free Community Policy does not apply to public rights-of-way (sidewalks and streets such as Freret, Broadway, Calhoun, Pine, and St. Charles) on the perimeter of any campus location.

What about smoking on sidewalks on and around campus?

Loyola University New Orleans controls all sidewalks within campus. This Tobacco Free Community Policy does not apply to public rights-of-way (sidewalks, streets such as Freret, Broadway, Calhoun, Pine and St. Charles) outside campus or on the perimeter of any campus location.

However, although the new Tobacco Free Community Policy does not cover public rights-of-way surrounding Holy Name of Jesus School on Calhoun Street and Cromwell Place, Louisiana Act 581, effective June 9, 2014, forbids smoking within 200 feet of public or private elementary schools. Therefore, smoking is prohibited at Holy Name of Jesus School and near its surrounding streets.

How will the Tobacco Free Community Policy be enforced?

The success of this Tobacco Free Community Policy will depend on the thoughtfulness, consideration, and cooperation of smokers and nonsmokers. Faculty, staff, and students have a collective responsibility to promote the safety and health of the campus community and therefore share in the responsibility of enforcement. Individuals observed smoking are to be reminded in a professional and courteous manner of the university Tobacco Free Community Policy. Loyola University New Orleans reserves the right to initiate disciplinary procedures against any individual found to be in violation of this Tobacco Free Community Policy. LUPD officers will enforce the Tobacco Free Community Policy and can issue citations that would result in a fine; Student Conduct can also issue fines to students ($50 for a first offense, $100 for a second offense, and $150 for all subsequent offenses).

Ultimately, for any issues related to the Tobacco Free Community Policy, students will go through a process governed by Student Conduct, while staff and faculty issues will be addressed through the Human Resources Department.

How will the Policy affect Loyola’s neighbors?

Loyola asks our students and employees to help maintain a positive relationship with our neighbors. Loyola believes that the members of its community who choose to use tobacco will do so respectfully by means of keeping litter and smoke away from neighboring properties.

Isn’t tobacco use a personal, legal right?

Court rulings maintain that tobacco users do not have the legal right to expose others to secondhand smoke, a Class A carcinogen, and they are not entitled to protection against discrimination as “addicts” (Fox, 1988).

What are the penalties for violating the Policy?

LUPD can issue a citation to any faculty, staff, or student in violation of the Tobacco Free Community Policy; Student Conduct can also issue fines to students in violation of the Tobacco Free Community Policy. The fine for violating the Tobacco Free Community Policy will be $50 for a first offense, $100 for a second offense, and $150 for all subsequent offenses. Any student, faculty, or staff member engaging in conduct that violates any rule, regulation, policy, procedure, or practice of the university may be subject to disciplinary action. Any staff violation will be reported to the person’s supervisor and faculty violations will be reported to the dean. Supervisors and deans will then take necessary action to deal with the violation based on current university policy. Student violations will be reported to Student Conduct.

Loyola enforces its entire campus as tobacco‐free instead of designated smoking areas. Why a restrictive Tobacco Free Community Policy?

There are numerous reasons why designated smoking areas have been found not to work; tobacco users don’t stay in those areas, nor does secondhand smoke (Roszkowski, Neubauer, and Zelikovsky, 2014).

What sanctions will be placed upon visitors, contract workers, etc.? What about “visitors” to our athletic events? How does Loyola enforce, for example, sanctions against contract workers?

All university sponsored events will have the same Tobacco Free Community Policy. With active LUPD enforcement of the Tobacco Free Community Policy, anyone on campus violating the Tobacco Free Community Policy will be issued a citation, including campus contract employees.

What other universities have complete tobacco bans?

See the list of tobacco and smoke-free universities.

References

American College Health Association. (2009). American College Health Association- National College Health Assessment Spring 2008 Reference Group Data Report (abridged): the American College Health Association. Journal of American college health: J of ACH, 57(5), 477.

Cokkinides, V. E., Halpern, M. T., Barbeau, E. M., Ward, E., & Thun, M. J. (2008). Racial and ethnic disparities in smoking-cessation interventions: analysis of the 2005 National Health Interview Survey. American journal of preventive medicine, 34(5), 404-412.

Fox, J. C. (1988). Smoking in the Workplace: Who Has What Rights. Campbell L. Rev., 11, 311.

Kessler, D. A., Witt, A. M., Barnett, P. S., Zeller, M. R., Natanblut, S. L., Wilkenfeld, J. P., ... & Schultz, W. B. (1996). The Food and Drug Administration’s regulation of tobacco products. New England journal of medicine, 335(13), 988-994.

Lam, D. C., Nana, A., Eastwood, P. R., & Asian‐Pacific Society of Respirology (APSR). (2014).

Electronic cigarettes:‘Vaping’ has unproven benefits and potential harm.

Respirology, 19(7), 945-947.

Roszkowski, M., Neubauer, L., & Zelikovsky, N. (2014). Perceived benefits of a designated smoking area policy on a college campus: views of smokers and non-smokers. NYJ Stud Aff, 14(1).

US Department of Health and Human Services. (2014). The health consequences of smoking—50 years of progress: a report of the Surgeon General. Atlanta, GA: US Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 17.

US Department of Health and Human Services. (2006). The health consequences of involuntary exposure to tobacco smoke: a report of the Surgeon General. US Department of Health and Human Services, Centers for Disease Control and Prevention. Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health.

US Department of Health and Human Services. (2004). The health consequences of smoking: a report of the Surgeon General.