University Executive Directive #15-40 - Smoke-Free Campus

Division: 

Administration & Finance

Department: 

University Police Department

Contact Information: 

Assistant Vice President for Campus Safety & Chief of Police / Reginald D. Parson / regg@sfsu.edu / 415 338-2747

Effective Date: 

Friday, February 19, 1993

Revised Date: 

Monday, February 2, 2015

Authority: 

Assembly Bill 291

Assembly Bill 795

(Supersedes UED #04-33 and #03-31)

Objective:

It is the policy of San Francisco State University that the use of nicotine products not regulated by the U.S. Food and Drug Administration for cessation is prohibited on campus. FDA-approved nicotine replacement therapy products (e.g., gum, the patch) can be used on campus.

Directive:

Environmental tobacco smoke is recognized as the third leading cause of preventable death, behind active smoking and alcohol, and has been designated as a carcinogen (known to cause human cancer) by the State of California and the U.S. Environmental Protection Agency. Involuntary smoking is a cause of disease, including lung cancer, in healthy nonsmokers. The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke, nor does the EPA recognize a safe level of exposure to environmental tobacco smoke. 

While the health effects of e-cigarette vapors remain unclear, a growing number of states and municipalities have recognized the importance of providing clean air, free from e-cigarette vapors, in public spaces. 

On February 19, 1993, Governor Pete Wilson signed and issued Executive Order W42-93, banning smoking in state-owned buildings and leased space. Consistent with this order, Assembly Bill 291, signed by the Governor on October 11, 1993, extended this smoking prohibition to include all state-owned passenger vehicles, as defined in Section 465 of the California Vehicle Code. Both enactments became effective January 1, 1994.

At its September 2002 meeting, the California State University Board of Trustees adopted a resolution that added Section 42356 to Title 5, California Code of Regulations. The Section delegated authority to the presidents and the chancellor to adopt rules regulating smoking on CSU campuses and properties. The resolution was adopted in response to discussions and concerns about secondhand smoke. Section 42356 gives presidents and the chancellor authority to set policy regarding the regulation of secondhand smoke on campus grounds and to limit smoking to specified areas or ban smoking on the campus altogether. 

On August 1, 2003, President Corrigan issued University Executive Order #03-31, extending the prohibition on outdoor smoking from 20 feet to within 30 feet of a campus building or ground-level air intake structure. 

On April 27, 2004, the Academic Senate of San Francisco State University approved and transmitted a resolution calling for a smoke-free campus. 

On August 1, 2004, President Corrigan issued a University Executive Directive that created a smoke-free campus and limited smoking to specified areas. It further prohibited the sale of tobacco products on campus. On October 10, 2011, Governor Brown signed AB 795, granting California public colleges and universities the authority to issue citations and collect fines from individuals who violate the institution's tobacco use policy. 

This Executive Directive continues those provisions and clarifies that the use of nicotine products not regulated by the U.S. Food and Drug Administration for cessation is limited to specified smoking areas.

Procedures:

 A. University-owned or leased property. 

  1. Effective August 23, 2004, the University shall be a smoke-free and vapor-free campus. The use of nicotine products not regulated by the U.S. Food and Drug Administration for cessation are prohibited on University-owned or leased property, except for officially posted designated smoking areas. The sale of tobacco products on campus is prohibited.
  2. Appropriate signs shall be posted at all entrances to campus grounds.

B. University-owned buildings and leased space. 

  1. The use of nicotine products not regulated by the U.S. Food and Drug Administration for cessation shall be prohibited in any campus-owned building or leased space. This prohibition shall apply to any area enclosed by the outermost walls of the building. Atriums, balconies, stairwells, and other similar building features are to be considered "within a building."
  2. For purposes of fire safety, ashtrays and other appropriate smoking litter appliances will be provided outside of campus-owned and/or leased buildings. 

C. University-owned passenger vehicles and moving equipment. 

  1. The use of nicotine products not regulated by the U.S. Food and Drug Administration for cessation shall be prohibited at all times in any University-owned vehicle.
  2. The prohibition applies to passenger vehicles and all other state-owned mobile equipment to include light and heavy trucks, cargo and passenger vans, buses, and any other mobile equipment with an enclosed or enclosable driver/passenger compartment.

 Designated Smoking Areas: 

  • Facilities and Service Enterprises is responsible for identifying designated smoking areas. It will ensure that clear signs are displayed at all entrances to the campus, as well as other conspicuous locations, to notify the public that the use of nicotine products not regulated by the U.S. Food and Drug Administration for cessation are permitted only in the officially designated areas and is otherwise prohibited on the campus grounds or in campus buildings.
  • Questions and problems regarding this policy should be handled through existing administrative processes, including Facilities and Service Enterprises and the Vice President for Administration and Finance. The success of this policy will depend on the thoughtfulness, consideration, and cooperation of the broad campus community.
     

[Archived Approved University Executive Order for reference: Archived University Executive Directive #15-40 - Smoke-Free Campus]