Compliance and Enforcement | Tobacco and Smoke Free Campus

OVERVIEW

WVU is seeking voluntary compliance for the tobacco- and smoke-free campus rule. However, the University also has established several methods of enforcement as permitted by law and in accordance with University policy for students, faculty, staff, vendors and visitors who violate BOG Finance and Administration Rule 5.6 – Tobacco- and Smoke-Free Campus.

Enforcement will be fair and consistent, and non-compliance will be addressed in accordance with existing or forthcoming rules, policies and procedures. For example:

Students will be subject to Student Conduct proceedings and sanctions as outlined in the Student Conduct Code for each campus.

Faculty and staff will be subject to appropriate disciplinary proceedings, which may have a negative impact on performance evaluations in accordance with WVU BOG Talent and Culture Rule 3.8 and BOG Faculty Rule 4.2.

Effective Jan. 19, 2021, students and employees who receive an initial citation for violating the tobacco- and smoke-free campus rule will be eligible to pursue “amnesty” (i.e., removal of the citation from the individual’s record).

Amnesty for first-time violations is designed to serve as an incentive for students, faculty and staff to pursue activities that foster tobacco cessation.

To receive amnesty, the individual must complete a recognized cessation program for quitting smoking, vaping or using smokeless tobacco.

Documentation of the individual’s completion of the cessation program must be provided to WVU’s tobacco- and smoke-free campus compliance officer:

Tobacco- and Smoke-Free Compliance Office
304-293-2545
TobaccoComplaince@mail.wvu.edu

Note: Only an individual’s first citation will be eligible for amnesty, and only one instance of amnesty will be permitted.

To qualify for amnesty, the individual must complete a recognized cessation program within six months of the citation and prior to any second offense.

Visitors who do not comply with the rule will be asked to leave campus, which if ignored, may result in additional sanctions.

Employees of vendors or contractors will be reported to their employer for appropriate remedial action.

Compliance and Enforcement Path

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SMOKER / AFFILIATION	FIRST OFFENSE	SECOND OFFENSE	THIRD OFFENSE
FACULTY / STAFF	Issue Notice of Policy Violation. Note: An employee’s first offense will be documented by the compliance officer, who will provide the employee the option for amnesty. If the employee successfully pursues amnesty, the citation will be removed from their record. In these instances, neither the citation nor the amnesty will be communicated to Employee Relations (staff) or the Office of the Provost (faculty). If the employee receives another citation after receiving amnesty, the new citation will be treated as a first offense, and amnesty will not be an option.	Issue Notice of Policy Violation. Notify Talent and Culture or Office of the Provost.	Issue Notice of Policy Violation. Notify Talent and Culture or Office of the Provost. Tobacco Cessation Opportunity: Yes=Void Violations. No=Determine Next Step.
Student	Issue Notice of Policy Violation. Note: A student’s first offense will be documented by the compliance officer, who will provide the student the option for amnesty. If the student successfully pursues amnesty, the citation will be removed from their record. Further, if the student receives another citation after receiving amnesty, the new citation will be treated as a first offense, and amnesty will not be an option.	Issue Notice of Policy Violation. Notify Office of Student Rights and Responsibilities.	Issue Notice of Policy Violation. Notify Office of Student Rights and Responsibilities and WellWVU. Tobacco Cessation Opportunity: Yes=Void Violations. No=Determine Next Step.
Visitor	Issue Notice of Policy Violation.	Issue Notice of Policy Violation. Standard University Police Department Protocol.	Issue Notice of Policy Violation. Standard University Police Department Protocol.
Vendor	Issue Notice of Policy Violation.	Issue Notice of Policy Violation. Standard Procurement Contracting and Payment Services Protocol.	Issue Notice of Policy Violation. Standard Procurement Contracting and Payment Services Protocol.