Smoking and Tobacco Use on Campus 3.801

Effective March 30, 2015, Elgin Community College (“ECC”) will conform to the Smoke-Free Campus Act (Public Acts 098-0985 and 098-0979). This Act prohibits smoking on each campus of a State-supported institution of higher education.

The General Assembly finds that tobacco smoke is a harmful and dangerous carcinogen to human beings and a hazard to public health. Secondhand tobacco smoke causes at least 65,000 deaths each year from heart disease and lung cancer according to the National Cancer Institute. Secondhand tobacco smoke causes heart disease, stroke, cancer, sudden infant death syndrome, low birth weight in infants, asthma and the exacerbation of asthma, bronchitis, and pneumonia in children and adults. Secondhand tobacco smoke is the third leading cause of preventable death in the United States. Illinois workers exposed to secondhand tobacco smoke are at an increased risk of premature death. An estimated 2,900 Illinois citizens die each year from exposure to secondhand tobacco smoke.

The General Assembly also finds that the United States Surgeon General's 2006 report has determined that there is no risk-free level of exposure to secondhand smoke; the scientific evidence that secondhand smoke causes serious diseases, including lung cancer, heart disease, and respiratory illnesses such as bronchitis and asthma, is massive and conclusive; separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate secondhand smoke exposure; smoke-free policies are effective in reducing secondhand smoke exposure.

The General Assembly also finds that a law that prohibits smoking on the campuses of State-supported institutions of higher education will reduce secondhand smoke exposure among nonsmokers as well as prepare students for the workplace and ensure a healthy environment for all campus communities.

Definitions

  1. Campus – means all property, including buildings, grounds, parking lots, athletic fields, and vehicles that are owned, operated, leased, or used by ECC, but does not include property covered under the Smoke-Free Illinois Act.
  2. Doors – include, but are not limited to, vehicle doors and hatchbacks.
  3. Employee – means an individual who is employed by ECC in consideration for direct or indirect monetary wages or profit.
  4. Governing authority – means the senior administrative branch of ECC.
  5. Guest – means a visitor to the campus of ECC.
  6. Smoke or smoking – means the carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, electronic cigarette, vapor cigarette, faux-smoking device, water-based device, or other lighted smoking equipment. "Smoke" or "smoking" also includes smokeless/chewing tobacco products and products containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product as defined by Section 321(rr) of Title 21 of the United States Code, unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation or other medical purposes and is being marketed and sold solely for that approved purpose. "Smoke" or "smoking" does not include smoking that is associated with a native recognized religious ceremony, ritual, or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act, Sections 1996 and 1996a of Title 42 of the United States Code.
  7. Student – means an individual enrolled in a credit or non-credit course at Elgin Community College.
  8. Windows – include, but are not limited to, vehicle windows/vent windows, sunroofs, and moonroofs.

Prohibition

Smoking, as described above, is prohibited on all ECC campuses. This prohibition shall not apply to any instance in which an individual is traveling through campus in a vehicle that is not owned by ECC. While smoking is prohibited on all ECC campuses, students, employees, and visitors may smoke in their own parked vehicle or in another parked vehicle, with the owner’s permission, as long as the doors, windows/vent windows, and convertible top of the vehicle remain closed and the vehicle is parked in a designated parking lot area. Smoking materials, as described above, shall be extinguished in the vehicles.

Smoking in personal vehicles shall only be permitted in lots A, H, and J. Smoking in personal vehicles shall not be permitted in lots B, C, D, E, F, G, K, L, M, N, O, X, and all parking lots and areas adjacent to athletic fields.

The advertising, sale, improper disposal, or free sampling of tobacco products is also prohibited.

Enforcement

Repeated violations of this procedure will be referred to the appropriate administrative office for review and appropriate administrative action. Violations are subject to citations/fines issued by the ECC Police.

  1. Citations – Violators will be issued citations by ECC Police.
  2. Fines – Citations issued will result in a verbal/written warning up to a monetary fine for the first and subsequent offenses.
    1. First offense– Warning
    2. Second offense -$50.00
    3. Third offense - $100.00
    4. Fourth offense - $200.00
    5. Fifth offense - $400.00
    6. Sixth offense - $800.00
    7. Seventh and subsequent offenses - $1,600.00
  3. Payment –Payment of fines is to be made at the Student Accounts Office, B151. Failure to pay fines will result in a Financial Restriction being placed on the student’s or employee’s record.
  4. Repeated Offenses –
    1. For students, all citations issued shall be reported to the Dean of Student Services and Development on a monthly basis. Multiple citations issued will result in written notification to the student regarding the instances of non-compliance with the smoke-free campus policy. Repeated offenses are in violation of the Student Code of Conduct and could lead to administrative actions.
    2. For employees, all citations issued shall be reported to the Human Resources department on a monthly basis. After the third offense or when employees do not timely pay fines, employees shall be subject to discipline in the same manner as with any other work-rule violation.
    3. For visitors, all citations issued shall be reported to Facilities Rental and the Arts Center and shall be dealt with at their discretion.
  5. Members of the Public and/or Visitors to an ECC campus - Members of the public and/or visitors to an ECC campus will be asked by any ECC employee and/or ECC Police to extinguish any type of smoking material, as described above, and dispose of in a safe and sanitary manner immediately upon request. If a visitor refuses to comply with this request, ECC Police may issue a citation and/or direct the visitor to leave the ECC campus. 

Compliance with this administrative procedure will depend on the cooperation of all ECC employees, students, and visitors to comply with this procedure.

Appeals Process

A Smoking Policy Violation Appeal form must be completed and submitted to the Business and Finance Office, B205.10, within ten (10) calendar days of the issue date of the citation to be considered. The Smoking Policy Violation Appeal form can be found online at elgin.edu. The Appeals Committee will consist of a representative from each of the following: Administration, Student body, ECCFA, SSECCA, and the ECC Police Department; it typically will review appeals on the second Thursday of the month, unless the College is closed. Notification of the committee’s decision will be sent in writing within 10 business days of the meeting date. Smoking Ticket Appeal - PDF

Smoking Cessation

The College recognizes that individuals may require help to quit smoking. Referrals for smoking cessation and educational materials are available for employees through the ECC Employee Wellness Committee (wellnesscommittee@elgin.edu). Assistance with smoking cessation for students is available through Wellness Services (studentwellness@elgin.edu).