Duchesne County School District Board of Education believes that a healthful school environment is the right of students and staff in District schools, and the Board has established policy to help ensure these rights. With the determination by the Surgeon General of the United States of the harmful effects of tobacco products use, including second-hand smoke, as well as the Utah State laws prohibiting the sale and/or use of tobacco products by minors (Utah State Criminal Code 76- 10-104, 76-10-105 and 76-10-105.1), the Board mandates that District schools, offices, and properties, shall be tobacco-free. School officials have the authority to discipline students for off- campus speech that causes or threatens a substantial disruption on campus, including school activities, violent altercations, or a significant interference with a student’s educational performance and involvement in school activities. If after an investigation, a student is found to be in violation of this policy, the student shall be disciplined by appropriate measures up to, and including, suspension and expulsion, pursuant to Utah Code Ann. 53A-11-904 and or in accordance with the U.S. Department of Education Office for Civil Rights. If after an investigation, a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures up to, and including, termination. Law Utah State Code 76-10-105 1. Any 18 year old person who buys or attempts to buy, accepts, or has in his possession any cigar, cigarette, or tobacco in any form is guilty of a Class C misdemeanor and subject to: a. a minimum fine or penalty of $60 and b. participation in a court-approved tobacco cessation education program, which may include a participation fee. 1. Any person under the age of 18 who buys or attempts to buy, accepts, or has in the person’s possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject to the jurisdiction of the Juvenile Court and a. a minimum fine or penalty of $60 and b. participation in a court-approved tobacco cessation education program, which may include a participation fee. 2. A compliance officer appointed by a board of education under Section 53A-3-402 may issue citations for violations of this section committed on school property. Cited violations shall be reported to the appropriate juvenile court. Utah State Code 26-38-2 1. As used in this chapter: “Place of public access” means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including… a. buildings, offices, shops, elevators, or restrooms; b. public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located. Utah State Code 26-38-3(1): 1. Except as provided in Subsection (2), smoking is prohibited in all enclosed indoor places of public access and publicly owned buildings and offices.
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