A. Western Nevada College prohibits the smoking of tobacco, and prohibits the use of alternative nicotine products and vapor products within college buildings and restricts the smoking of tobacco and the use of alternative nicotine products and vapor products to designated outdoor areas.
Section 2: Definitions
A. “Alternative nicotine product” means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. The term does not include: (a) a vapor product; (b) a product made or derived from tobacco; or (c) any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq. (NRS 202.2485(1).)
“Government building” means any building or office space owned or occupied by any component of the Nevada System of Higher Education and used for any purpose related to the System. (NRS 202.2483(12)(e).)
“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, including a hookah pipe, or any other lighted or heated tobacco or plant product, including marijuana, intended for inhalation, in any manner or in any form. “Smoking” also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in designated outdoor areas only in this policy. (Model Policy for a Tobacco-Free College/University.)
“Vapor product” means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine in a solution or other form. “Vapor product” includes, without limitation, (1) an electronic cigarette, cigar, cigarillo or pipe or a similar product or device; and (2) a vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo or pipe or a similar product or device. “Vapor product” does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq. (NRS 202.2485(5).)
Section 3: Policy
A. Western Nevada College’s mission and themes are best achieved in an environment that promotes a healthy lifestyle among students, faculty, and staff. WNC is committed to providing a safe and healthy working and learning environment at its campuses. The use of tobacco products and the exposure to second-hand smoke are inconsistent with such a commitment. WNC’s ultimate goal is to join the ranks of nearly 1,200 colleges and universities and adopt a tobacco-free policy. Accordingly, this interim policy is intended to move the use of tobacco products, including alternative nicotine products and vapor products, away from campus building entrances and public spaces to specific outdoor areas designated for the use of such products.
B. Pursuant to the Nevada Clean Indoor Air Act, NRS 202.2483, smoking tobacco in any form is prohibited within indoor places of employment, including government buildings and public places. Western Nevada College campus buildings are government buildings. The Act also provides that, in areas where smoking is not prohibited by law, nothing in state law prohibits the owners of such areas from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free. Western Nevada College’s policy permits the smoking of tobacco and the use of alternative nicotine products and vapor products only in designated outdoor areas.
C. The posting of signs prohibiting smoking and the use of tobacco products and the designation of outdoor areas where smoking and the use of tobacco products is permitted constitutes an order to students, faculty, and staff not to use tobacco products except in designated outdoor areas.
D. Violation of such an order would constitute insubordination, which conduct would provide the basis for imposition of a disciplinary sanction against students, faculty, and staff pursuant to the rules governing their attendance or employment at WNC.