1. PHILOSOPHY AND PURPOSE
   Weber School District strives to ensure a safe learning environment for its students and employees.  Weber School District shall be tobacco and alcohol free in order to promote the academic, emotional, social, and physical well-being of all students. Cigarettes, electronic cigarettes and alcohol on campus deter from the safe learning environment.  The purpose of this policy is to establish prohibitions against tobacco, electronic cigarettes and alcohol, and to clarify terminology and possible sanctions for failure to comply.
   
   
2. POLICY
   This policy prohibits buying, attempting to buy or possessing electronic cigarettes and/or tobacco, tobacco/nicotine products, paraphernalia or alcohol in any form by students on school grounds, property and/or at school activities, whether or not school is in session.  This policy also applies to students off-campus if the violation is occurring during school hours. This policy prohibits use of the same by visitors¹.
   
   
3.  DEFINITIONS
   1. “Alcohol” means any liquid or combination of liquids that contains more than 0.5% alcohol by volume and is suitable for beverage purposes.
   2. “Confiscate” means to take or seize
   3. “Distribute” means sharing or giving an e-cigarette or tobacco/nicotine or alcohol product to another student in exchange for money, goods, or services; or sharing an e-cigarette or tobacco/nicotine product with three (3) or more students within 24 hours, even if no money, goods, or services are exchanged. 
   4. “Electronic Cigarette or E-cigarette’ means an electronic oral device that provides an aerosol or a vapor of nicotine or other substance and that simulates smoking through its use or through inhalation of the vapor through the device; and includes an oral device that is composed of a heating element, battery, or electronic circuit and marketed, manufactured, distributed, or sold as an e-cigarette, vapor sticks, e-cigar, e-pipe, or any other product name or descriptor, if the function of the product meets the definition of an electronic oral device.
   5. "Evidence-based" means a program or practice that:
      1. has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population;
      2. has been rated as effective by a standardized program evaluation tool; or 
      3. is created and developed by a school or school district and has been approved by the state board².
   6. “Intent to distribute” means any documented indication, including written or verbal communication that a person possessing e-cigarettes or tobacco/nicotine or alcohol products intends to distribute the e-cigarette, tobacco or alcohol product.
   7. “Paraphernalia” means anything used in conjunction with an e-cigarette or tobacco product, including, but not limited to pouches, packaging, cylinders, cartridges, rolling papers, pipes, e-cigarettes, hookah, and/or any items used for the intention of delivering or disguising the product or device.
   8. “Possession” means having, owning, or controlling.
   9. "School-age child"  means a minor who: 
      1. is at least six years old but younger than 18 years old; and 
      2. is not emancipated³.
   10. “Tobacco/nicotine product” means any product containing tobacco and/or nicotine, including cigarettes, cigars, blunts, bidis, clove cigarettes, pipes, spit tobacco, snuff, snus, e-cigarettes, vapor sticks, and/or any other items containing or reasonably resembling tobacco or tobacco/nicotine products.
   11. “School-based prevention program” means an evidence-based program that⁴:
       1. is aimed at preventing underage consumption of alcohol and underage use of electronic cigarette products;
       2. is delivered by methods that engage students in storytelling and visualization;
       3. addresses the behavioral risk factors associated with underage drinking and use of electronic cigarette products; and
       4. provides practical tools to address the dangers of underage drinking and use of electronic cigarette products.
          
          
4. DISCIPLINARY ACTION
   1. Confiscation
      1. An administrator who finds an e-cigarette containing nicotine, tobacco/nicotine or alcohol product on a student or in the student’s possession shall confiscate the e-cigarette, tobacco/nicotine or alcohol product.
      2. The administrator may return the e-cigarette to the parent of the student who brought the e-cigarette to school.  If the parent doesn’t collect the e-cigarette within two (2) weeks, the administrator shall make arrangements for a safety officer from the District to pick-up the device for disposal.
      3. The administrator shall keep the confiscated e-cigarette in an approved secure storage contained in the administrator’s office or other secure location while waiting for the parent to collect it or for it to be picked up by a safety officer.
      4. Documentation will be maintained by anyone confiscating, storing, and/or disposing of electronic cigarettes that includes the date the e-cigarette was confiscated, the disposal date and method of disposal (e.g. returned to parents or transferred to safety officer), and disposal date.
      5. A fine may be imposed for disposal of hazardous waste, which includes confiscated e-cigarettes⁵.
   2. Student violations
      1. Student violations of this policy will result in disciplinary interventions in accordance with Policy 5200 and the Student Code of Conduct Administrator Handbook, including, but not limited to one or more of the following:
         1. Notification of parent(s) or guardian(s) by the school administrator
         2. If a school-aged student is alleged to have committed an offense on school property that is a class C misdemeanor⁶, an infraction, or a status offense, the school administrator, the school administrator's designee, or a school resource officer shall refer the student⁷:
            1. to an evidence-based alternative intervention, including:
               1. an evidence-based alternative intervention created and developed by the school or District;
               2. a tobacco cessation or education program if the offense is a violation of Utah Code Ann. § 76-9-1106;
               3. a certified youth court, as defined in Utah Code Ann. § 80-6-901, or comparable restorative justice program; or
            2. for prevention and early intervention youth services, as described in Utah Code Ann. § 80-5-201, by the Division of Juvenile Justice and Youth Services if the school-aged student refuses to participate in an evidence-based alternative intervention.
         3. If a school-aged student is alleged to have committed an offense on school property that is a class C misdemeanor⁸, an infraction, or a status offense, a school administrator, the school administrator's designee, or a school resource officer may refer a school-aged student to a law enforcement officer or agency or a court only if⁹:
            1. the school-aged student allegedly committed an offense on school property on a previous occasion; and
            2. the school-aged student was referred to an evidence-based alternative intervention, or to prevention or early intervention youth services, as described in section IV.B.1.ii. for the previous offense.
               1. The District or school shall include the following in the District's or school's referral to the court, law enforcement officer, or agency:
                  1. a report of evidence-based alternative interventions used by the school before the referral, including outcomes;
                  2. the name and contact information of the school representative assigned to actively participate in the court process with the school-aged student and the student's family;
                  3. if the school-aged student was referred to prevention or early intervention youth services under section IV.B.1.ii.b., a report from the Division of Juvenile Justice and Youth Services that demonstrates the student's failure to complete or participate in prevention and early intervention youth services; and
                  4. any other information that the District or school considers relevant.
         4. If a school-aged student is alleged to have committed an offense on school property that is a class B misdemeanor or a class A misdemeanor¹⁰, the school administrator, the school administrator's designee, or a school resource officer may refer the student directly to a court or to the evidence-based alternative interventions in section IV.B.1.ii.a.
         5. Suspension ¹¹
         6. A fine may be imposed for disposal of hazardous waste, which includes confiscated e-cigarettes
         7. Referral to law enforcement
            1. If a school-aged student is alleged to have committed an offense on school property that is a class B misdemeanor or a class A misdemeanor, the school administrator, the school administrator's designee, or a school resource officer may refer the student directly to a court or to the evidence-based alternative interventions in section IV.B.1.ii.
            2. If a student is found in possession of a controlled substance, other than nicotine, in an e-cigarette device, the student may be referred to law enforcement, in addition to administrative discipline at the school level.
            3. Distribution or intent to distribute an e-cigarette containing a controlled substance will be treated by the District as distribution or intent to distribute a controlled substance, and disciplinary action will follow, in accordance with Policy 5200 and the Administrator Student Discipline Handbook.
   3. Visitor Violations
      1. Visitors under the age of 21 may receive a citation according to state law.
      2. Any visitor found using e-cigarettes or tobacco/nicotine products will be informed of this policy and asked by a school official to refrain from using the tobacco/nicotine product or e-cigarette while on District property.
      3. Any visitor who does not comply will be asked to leave.  If a visitor refuses to leave, law enforcement may be called.
         
         
5. GENERAL GUIDELINES 
   1. The District prohibits the illicit use, possession, or distribution of ¹²
      1. a controlled substance or drug paraphernalia;
      2. a tobacco product, an electronic cigarette product, or a nicotine product as those terms are defined under section III. above; or
      3. an alcoholic beverage. 
   2. Advertising Prohibited
      1. Advertising tobacco/nicotine products and e-cigarettes is prohibited on school property, at school functions, and in school publications.  This includes student clothing that advertises tobacco or tobacco/nicotine products, e-cigarettes, or paraphernalia.¹³
      2. Sponsors of school events may not promote tobacco use.
   3. Sale, Delivery, Transfer, or Distribution Prohibited
      1. Neither tobacco, tobacco/nicotine products, nor paraphernalia in any form may be sold, delivered, transferred or distributed to anyone under the age of 21 on or in Weber School District property or at any school function off school property.¹⁴
   4. Notice and Programs
      1. This policy will be made available to all students, parents, and employees. 
      2. Students will participate in school-based prevention programs¹⁵ and activities in grade 5, grade 8, and grade 10, respectively, the Underage Drinking and Substance Abuse Prevention Program procured by the USBE Board.¹⁶
      3. Families and community agencies will be invited to participate in parent education¹⁷ opportunities including information on tobacco prevention programs and activities.
   5. Reporting
      1. If an educator has reasonable cause to believe that a student at the public school where the educator is employed has committed a prohibited act, the educator shall immediately report that to the school's administrator.¹⁸

¹ Utah Code Ann. § 53G-8-203(3)
² Utah Code Ann. § 53G-8-211
³ Utah Code Ann. § 53G-6-201(10)
⁴ Utah Code Ann. § 53G-10-406(1)(c)
⁵ Utah Admin. Code R315-260
⁶ Utah Code Title 76, Chapter 9, Part 11
⁷ Utah Code Ann. § 53G-8-211(3)
⁸ Utah Code Title 76, Chapter 9, Part 11
⁹ Utah Code Ann. § 53G-8-211(4)
¹⁰ Utah Code Title 76, Chapter 9, Part 11
¹¹ Utah Code Ann. § 53G-8-205
¹² Utah Code Ann. § 53G-8-209(2)(b)(ii)
¹³ Utah Code Ann. § 76-9-1102
¹⁴ Utah Code Ann. § 76-9-1104
¹⁵ Utah Code Ann. § 53G-10-406
¹⁶ Utah Admin. Code R277-910-3
¹⁷ Utah Code Ann. § 53G-9-703(2)(a)(i)
¹⁸ Utah Code Ann. § 53G-8-209(3)(a)

Updated October  2025
Approved by the Board 12/4/2020