Chittenden Central Supervisory Union | Serving the Essex Junction, Essex Union #46, and Westford Schools

I. Philosophy
The Chittenden Central Supervisory Union is committed to a zero tolerance of tobacco products on school grounds or in school buildings or possession or use thereof by students at school sponsored activities. Use of tobacco is a significant public health risk. Tobacco products are extremely addicting and can cause health effects that interfere with school performance. Comprehensive approaches to restricting minors’ access to tobacco products are the most effective means of reducing tobacco use and the resultant health effects of using tobacco products. Minor students who are in possession of or using tobacco products are in need of education and other assistance. The School District shall include within the curriculum offered within its elementary and secondary schools teaching about the effects and legal consequences of possession and use of tobacco products, and the District should, consistent with the educational needs of students and the recommendations of law enforcement agencies, assist in the enforcement of legal prohibitions against the possession and use of tobacco products by minors.

II. Policy
It is the policy of Chittenden Central Supervisory Union that no student shall possess, use, sell, give or otherwise transmit any tobacco product on school owned or leased property or at any school-sponsored activity off school grounds. Any tobacco product in the possession of a student in violation of this policy shall be confiscated immediately by an employee and reported to the principal or his/her designee who shall, if appropriate, make a referral to law enforcement. Consistent with state statutes, 16 VSA §140, no person, including adults, shall be permitted to use tobacco on school grounds.

III. Definitions
“Principal” means the principal, or in the case of a technical center the technical center director, or an employee designated by the principal or technical center director. “School property,” however characterized herein, means any property owned or leased by the school district and used at any time for school related activities including but notlimited to school buildings, areas adjacent to school buildings, parking lots, athletic fields and school buses.“School-sponsored activity” includes but is not limited to such activities as field trips, sporting events, work internships, and dances. “Tobacco product” has the same meaning as set for in 7 VSA §1001 (4), as amended from time to time, and includes cigarettes, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, Cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other forms of tobacco prepared in a manner suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking.

IV. Prevention/Education
The Chittenden Central Supervisory Union shall include in its alcohol and drug abuse education curriculum a sequence that includes teaching about the health effects and legal ramifications of possession and use of tobacco. A qualified school nurse or educator shall be available to speak with individual students, when appropriate, about tobacco use and possession and smoking cessation programs. The nurse or educator shall be aware of available resources and programs to assist students in quitting smoking or other use of tobacco products. To the extent appropriate, school officials shall coordinate the implementation of this policy with law enforcement agencies and community officials with a focus on directing students to relevant education and cessation programs.

V. Procedures
The following procedures apply to the possession or use of tobacco products by students on school property or at school-sponsored activities:

1) Any employee who observes a student in possession of a tobacco product,who has reasonable cause to believe a student is in possession of atobacco product, shall confiscate the tobacco product.
2) As soon as reasonably possible after confiscation of a tobacco product under this policy, or within 48 hours if the confiscation occurs during aschool-sponsored activity off school grounds, the employee shall report the violation to the principal and make out a written statement including the circumstances surrounding the possession or use of the tobacco product.
3) Upon receipt of any tobacco product under this policy, the principal shall, unless the tobacco product is given over to law enforcement officials, store the tobacco product in a secure designated place until it is no longer necessary for any disciplinary or other legal proceeding. Thereafter, the tobacco product shall be destroyed.
4) After receiving the report of the employee, the principal shall review the circumstances surrounding the reported possession or use of tobacco products. The review shall include an interview with the student and any identified witnesses. The principal shall notify the parents or guardian of the student who is the subject of the review.
5) After completion of the review, the principal shall make a determination as to whether the evidence supports the employee’s report and, if so, whether in the case of minors a referral to law enforcement is appropriate. Factors to consider as to whether to report the incident to law enforcement include whether it is a first or repeat offense and the policies of local law enforcement agencies specifying under what circumstances reports should be filed.
6) If the principal determines that the evidence supports a finding that a student possessed or used tobacco products in violation of this policy, he/she shall initiate any applicable educational or disciplinary processes as set forth in Sections IV and VI of this policy and the Chittenden Central Supervisory Union Discipline and Required Student Behavior Policy [JG].
7) The above process should be concluded in as expeditious a manner as possible and should, if possible, take no longer to conclude than ten days from the date of the reported incident.
8) In the event that the reported incident involves the sale or other transmittal of tobacco or tobacco products, the procedures set forth above shall be applied except that a referral to law enforcement should be made immediately by the principal or his/her designee upon receiving the report. If the incident takes place away from school property and the principal or his/her designee is not reachable, the employee who observes or suspects the sale or transmittal of tobacco or tobacco products shall immediately refer the matter to law enforcement.

VI. Discipline
The procedures and penalties set for the Chittenden Central Supervisory Union Discipline and Required Student Behavior Policy [JG] shall apply to incidents in which a student has been reported to have possessed, used, or transmitted tobacco products in violation of this policy. In addition to any disciplinary measures taken under the above-mentioned Chittenden Central Supervisory Union Discipline and Required Student Behavior Policy, a student after a first offense shall be referred to the school nurse or other qualified educator for a discussion about the health effects and legal consequences of possession, use or transmittal of tobacco products as well as provision of information on the availability of smoking cessation programs..

VII. Training and Information
The principal shall cause training of all school employees to occur with regard to the implementation of this policy. Such training shall include information on the hazards of the use of tobacco products. Parents and student shall be notified each year of the provisions of this policy through publication in the student handbook.
Legal references: 16 VSA §140
16 VSA §909
7 VSA §1001-1008
Cross References: Discipline and Required Student Behavior Policy
Search and Seizure Policy
Interrogations or Searches of Students by Law Enforcement
Replaces previous polices:
JFCG “Smoking by Students”
GBK “Tobacco Use Prohibited on School Grounds”
First Reading: January 26, 1998
Approved: April 6, 1998
Chittenden Central Supervisory Union

Policy: Alcohol and Other Drugs
File Code: JFCHI

The Chittenden Central Supervisory Union recognizes that problems of alcohol and other drug abuse pervade society. The district believes that drug abuse and dependency are treatable health problems which do not respect any age group or age. While health problems are primarily the responsibility of the home and community, the school system shares in this responsibility when these problems interfere with student learning, safety, behavior or maturity. To this end it is the legal and social responsibility of the School Board to establish policies and encourage administrative action that will protect the right of students to learn and at the same time promote a school environment free to learn and at the same time promote a school environment free from usage, possession or distribution of drugs for other than authorized medical treatment. (It is the intent of this policy that the term “drug” is defined as a mood-altering substance, to include, but not be limited by the following categories: illegal drugs, control drugs, and alcohol). In keeping with Title 16, VSA Section 1165, 909, and other state and federal regulations, the School Board supports a comprehensive program which shall include, but not be limited by, the following components: K-12 education/prevention programming and staff training; support and referral systems and cooperative agreements; immediate and emergency procedures; possession, use, and/or distribution issues; performance and behavior-related problems; and community awareness programming. In dealing with persons affected by their own or another’s use of alcohol or other drugs every effort must be expended to treat each person as an individual, to promote responsible decisions on the part of the persons themselves, to stress prevention and rehabilitation and to obtain professional evaluations (including medical and psychological reports) whenever appropriate and consistent with other school policies and procedures.

I. Education/Prevention Programming
The supervisory union will develop and implement a sequential K-12 drug abuse prevention education curriculum as defined in Vermont State Alcohol and Drug Education Curriculum Plan and in the Health Education and Traffic Safety and Driver Education requirements of the Standards for Approving Vermont's Public Schools. This curriculum will be reviewed and updated as needed. Training opportunities will be offered and/or identified on an ongoing basis so that staff members have the opportunity for a sufficient level of professional development to implement services required in the schools drug abuse prevention education program. This includes initial training and in-service training as needed.

II. Support and Referral Systems and Cooperative Agreements

The School Board and school staff shall work cooperatively with local health agencies, professional specialists and law enforcement officials. Where law enforcement officials must be notified, school administration shall cooperate and furnish the necessary information required by these officials whenever appropriate and consistent with the student's rights and school policies and procedures. Each school within the District will have an in-school process for initial assessment, support, and if necessary, referral to community resources for students affected by their own or another's drug use. Likewise the district will have at least one written referral agreement with a community substance abuse treatment provided approved by the office of Alcohol and Drug Abuse Programs For purposes of this policy, substance abuse is recognized as a disability and appropriate counseling services will apply.

III. Immediate Procedures
Emphasis shall be placed on the welfare and rights of the individual to the extent such consideration does not jeopardize the welfare and rights of others. With regard to students, in school procedures shall provide for the handling of any drug related incident until the student has been discharged to the parent, guardian, social services, medical, or law enforcement agency. As part of school procedure, the administration shall be immediately informed by school staff members of any violation of the law, including illegal possession or distribution of drugs or alcohol. The administration shall follow the appropriate legal procedures and due process of the law for discipline.

IV. Emergency Procedures
In the event of an emergency involving alcohol or drug abuse, every precaution must be taken to protect the person's health and well-being while protecting the health and well-being of the remaining school population. When appropriate to protect the health of the student, the person shall be brought to the school health office by any employee. Upon evaluation by the school health staff, appropriate first aid shall be rendered. Immediate counseling shall be provided where deemed necessary. The principal, the principals designee, or the superintendent shall be contacted and shall follow the prescribed procedures as outlined in Section 5 of this policy.

V. Possession, Use or Distribution
Any student discovered in a school building, or on school property or at a school sanctioned activity, having possession of drugs or drug paraphernalia, using or distributing drugs, or knowingly and willfully assisting another person in using or distributing drugs in the school buildings, or at a school sanctioned activity, shall be disciplined in accordance with established school policy and procedure. The matter shall be referred to the police for appropriate action. Any teacher discovered in a school building, or on school property, or at a school sanctioned activity, having possession of drugs or drug paraphernalia, using or distributing drugs, or knowingly and willfully assisting another person in using or distributing drugs in the school buildings or on school property, or at a schoolsanctioned activity, shall be disciplined in accordance with Title 16 VSA, Section 1752 and the relevant terms of any applicable collective bargaining agreement. The matter shall also be referred to the police for appropriate action. Any employee discovered in a school building or on school property or at a school sanctioned activity having possession of drugs or drug paraphernalia, using or distributing drugs, or knowingly and willfully assisting another person in using or distributing drugs in the school buildings or on school property, or at a school sanctioned activity shall be disciplined in accordance with established principles of due process and in accordance with the relevant terms of any applicable collective bargaining agreement. The matter shall be referred-to the police for appropriate action. Any person other than a student or employee in a school building, or on school property, or at a school sanctioned activity, having possession of drugs or drug paraphernalia, using or distributing drugs, or knowingly and willfully assisting another person or distributing drugs in a school building or on school property or at a school sanctioned activity will be immediately referred to the police. All employees of the supervisory union (including teachers, custodians, bus contractors, and drivers) shall report to the principal, the principals designee, or the superintendent any incidents and/or behavior of students, other employees, or visitors who display evidence of possession, use or distribution of drugs. Failure to so report, or cooperate in school investigations may result in disciplinary action. With administrative approval, possession, or use of alcoholic beverages by teachers or employees at meetings or group activities where alcoholic beverages are permitted shall not be in violation of this section.

VI. Performance and Behavior-Related Problems
According to school procedures, a minimum of two staff persons shall be designated for consultation regarding a student whose behavior or performance may indicate a problem with alcohol or other drug use. These staff persons shall assist the determination of need for further screening, education, counseling, or referral to treatment. Employees of the supervisory union (including contractors and drivers) shall report any incidents and/or behavior of students, other employees, or visitors to the school who display evidence of using drugs. Such report should be made personally to the principal, the principals designee, or the superintendent. Where a student is determined to be under the influence of alcohol or other drugs he/she shall be discharged to a parent, guardian, social service, medical or law enforcement agency. Following appropriate consultation and deliberation, the parent or guardian of any student suspected of being under the influence of drugs shall be notified by school authorities. A course of action leading toward the determination of facts and, if necessary, toward the treatment and rehabilitation of said student, shall be jointly considered by school authorities.

VII. Follow-up Procedures
It is recognized that retaining or returning persons to the school setting is desirable whenever such action is consistent wit the individuals own rehabilitation and wellbeing, and whenever such action does not interfere with the learning process for students and the maintenance of discipline and safety. Even in disciplinary proceedings the school plays an educational role. Therefore, every effort should be made to protect individual rights within the framework of school regulations, including the assumption of innocence until found otherwise. Under this policy, students may be required to seek professional guidance and rehabilitation as a condition of enrollment or re-enrollment in school or other alternative education program provided by thedistrict. Refusal to accept such professional care may result in suspension until a conference among the parents, student, and school administration can develop a satisfactory solution, but any suspension shall only be imposed in accordance with student handbook policies. Under this policy, employees may be required to seek professional guidance and rehabilitation as a condition of continued employment. Refusal to accept such professional care may result in suspension until a conference among the employee and appropriate school administration can develop a satisfactory solution. Be assured that any suspension shall only be imposed in accordance with 16 Vermont Statues Annotated, Sections 1752, due process and the relevant terms of any applicable collective bargaining agreement.

VIII. Prescription Drugs and Other Medication
Any student who must take medication during the regular school day shall do so in accordance with the district policy JHCD concerning the administration of medications.

IX. Community Involvement
The Chittenden Central Supervisory Union shall provide for a program to inform the community about the schools alcohol and other drugs abuse prevention, intervention, and education programs; alcohol and other drug abuse prevention issues, and community-wide responsibility for effective alcohol and other drug abuse prevention.

First Reading: May 27, 1998
Adopted: September 10, 1998
Chittenden Central Supervisory Union

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Alcohol, Tobacco, and other Drugs Policies

Possession and Use of Tobacco Products File Code: JFCG (also GBK)

Policy: Alcohol and Other Drugs File Code: JFCHI

Policy: Alcohol and Other Drugs File Code: JFCHI

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Possession and Use of Tobacco Products
File Code: JFCG (also GBK)

Policy: Alcohol and Other Drugs
File Code: JFCHI

Policy: Alcohol and Other Drugs
File Code: JFCHI