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Frequently Asked Questions

  • What is the authority for this policy?

    A: Executive Order 1108, the California State University Policy on Systemwide Smoke and Tobacco Free Environment, was issued by the Office of the Chancellor on April 7, 2017 pursuant to Title 5, California Code of Regulations, Sections 42356, Government Code 7597.1, and the Standing Orders of the Board of Trustees.

    Additional California state authority for the policy includes: Assembly Bill 795; California Government Code Sections 7596-7598,19994.30 - 19994.32, and 7597.1; California Health and Safety Code, Section 13001; and California Education Code Section 89031

  • I want to quit. What resources are available to me?

    Visit our Resources to Quit Page: https://www.csusm.edu/smokefree/resourcestoquit.html
  • What does “smoke, vapor, and tobacco-free” mean?

     Smoke, vapor, and tobacco-free means smoking, the use of tobacco products, and the use of electronic smoking devices are prohibited.

    "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, cigarillo, or pipe, or any other lighted or heated tobacco or plant product intended for human inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. "Smoking" also includes the use of an electronic smoking device, which creates an aerosol or 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.

    "Electronic Smoking Device" means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic cigarillo, electronic hookah, or vape pen, or under any other product name or descriptor, which can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately.

    "Hookah" means a water pipe and any associated products and devices that are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco, shisha, or other plant matter.

    'Tobacco Product" means: (a) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and (b) Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to an electronic cigarette, cigar, pipe, or hookah. (c) Notwithstanding any provision of subsections (a) and (b} to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

  • Why are e-cigarettes included in the policy?

    E-cigarettes are not approved by the U.S. Food and Drug Administration as a tobacco cessation strategy. As an unregulated nicotine product, their use is prohibited on University property for the purposes of this policy. However, other forms of approved nicotine replacement therapy, such as gum and patches are allowed.

    “Unregulated high-tech smoking devices, commonly referred to as electronic cigarettes, or e-cigarettes,‘ closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of e-cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA‘s testing also suggested that ―quality control processes used to manufacture these products are inconsistent or non-existent. ("Summary of results: laboratory analysis of electronic cigarettes conducted by FDA," Food and Drug Administration (FDA), July 22, 2009; http://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm456610.htm)

  • Is marijuana included in the policy?

    Yes. Federal law overrides state law. Cal State San Marcos is an institution that supports financial aid (federal money) for students, therefore, Cal State San Marcos follows federal law.
  • Where does the smoke, vapor, and tobacco-free policy apply?

    Smoking and the use of tobacco products as well as the use of nicotine products not regulated by the Food and Drug Administration as tobacco cessation drugs or devices (e.g., e-cigarettes) is prohibited on all Cal State San Marcos property, including indoor and outdoor spaces owned and operated by campus auxiliaries. Indoor spaces include, but are not limited to all offices, classrooms, lecture halls, laboratories, hallways, waiting rooms, restrooms, meeting rooms, community areas, performance venues, athletic facilities, apartments and private residential space. Smoking and the use of tobacco products shall also be prohibited at all outdoor spaces, including, but not limited to open areas, parking lots, paths, fields, athletic/sports/recreational areas, facilities, and sidewalks located inside the perimeter of the campus. The policy applies to all students, faculty, staff, and other persons on campus, regardless of the purpose of their visit. This policy includes off campus space or facilities leased by the campus, as well as off-campus University sponsored events.

    Smoking and the use of tobacco are prohibited in all vehicles (including state-owned vehicles) on campus property. This prohibition includes passenger vehicles and all other state-owned mobile equipment, including light and heavy-duty trucks, cargo and passenger vans, buses, carts, and any other mobile equipment with an enclosed or enclosable driver/passenger compartment.

  • When did the smoke, vapor, and tobacco-free policy go into effect?

    Effective September 1, 2017, California State University San Marcos is entirely a smoke, vapor, and tobacco-free campus.
  • Who does the smoke, vapor, and tobacco-free policy apply to?

    This policy applies to students, staff, faculty, visitors, and vendors. The smoke, vapor, and tobacco-free policy applies to all California State University San Marcos facilities, properties, and vehicles.

     

  • What about the University’s neighbors?

    Cal State San Marcos asks that students, faculty and staff help maintain a positive relationship with our neighbors that border the campus. We encourage you to respect other’s property by not littering and not congregating in areas to smoke and thus creating a cloud that others must walk through. According to California Penal Code 374.4, it is unlawful to litter in or upon public or private property. A person, firm, or corporation violating this section is guilty of an infraction.
  • Isn’t this a violation of my civil rights? Don’t I have a right to smoke on campus?

    No, there is no “right” to use tobacco under either state or federal law. The University has the authority to govern the use of university property and facilities and to establish policies that protect the health of all campus members. This specific policy is under the authority of Title 5 of the California Code of Regulations and the California State University Office of the Chancellor Executive Order 1108.This policy does not force smokers and/or tobacco users to quit, it prohibits the use of smoke and tobacco products on campus property.
  • Is smoking, vaping, or tobacco use allowed in personal vehicles?

    No, Smoking, vaping, and the use of tobacco are prohibited in all vehicles (including personal and state-owned vehicles, whether parked or in motion), if the vehicle is located on campus property. This prohibition includes passenger vehicles and all other state-owned mobile equipment, including light and heavy-duty trucks, cargo and passenger vans, buses, carts, and any other mobile equipment with an enclosed or enclosable driver/passenger compartment.
  • Are there designated smoking areas on campus?

    No, smoking and the use of tobacco products including electronic cigarettes are not allowed anywhere on campus property.

    Designated areas are often heavily littered and smell of toxic tobacco waste. Secondhand smoke has proven to travel outside of designated areas. Designated areas have also been found to encourage tobacco use by creating a social environment for daily and non-daily tobacco users. By increasing the number of individuals smoking in one area, students are more likely to believe that more people smoke than actually do. This misperception affects the norm of smoking on campus and may also contribute to increased tobacco use.

    Campus border map

  • Can I smoke inside the bathroom or inside campus residences?

    No, according to Assembly Bill 846, existing law prohibits any state employee or member of the public from smoking a tobacco product inside a state-owned or state-occupied building.
  • Can I smoke on the sidewalk?

    There are signs posted at each entrance to Cal State San Marcos stating that CSUSM is a smoke, vapor, and tobacco-free campus, therefore, smoking on the sidewalks located inside the perimeter of the campus is not allowed.

    Campus border map 

  • How is the smoke, vapor, and tobacco-free policy being implemented?

    The success of the policy relies on the consideration and cooperation of all California State University San Marcos students, faculty, staff, and visitors. The primary mode of implementation is through a positive educational campaign, called “Clear the Air.” The Clear the Air campaign aims to increase the awareness of a smoke, vapor, and tobacco-free policy through campus advocacy.
  • What about enforcement?

    We are an institution of higher education and education will be key to implementing this policy. We will make people aware of the smoke and tobacco-free environment through signage, electronic messaging, and marketing. An explanation of the new policy will also be communicated to prospective and current students and all University employees.

    It is the expectation that the CSUSM community will come together and practice “social enforcement,” which refers to the establishment of a broadly shared norm and value within our community. Members of the CSUSM community will maintain the no smoking or tobacco policy by engaging in direct, honest, and supportive communication.

  • How will the policy be enforced and by whom?

    CSUSM community members are asked to help create an environment free of tobacco, smoke and vapor using community enforcement. Community enforcement relies on individuals to educate one another about the smoke-free policy at CSUSM.

    Hostile and/or violent interpersonal conduct directed against members of the CSU community requesting that an individual(s) comply regarding compliance with the terms of this executive order will not be tolerated, and will be enforced under systemwide or campus policies, including but not limited to workplace violence policies.

  • Why should I comply?

    We hope civility and respect for others will guide all of us during the transitioning toward a smoke/tobacco-free campus. We realize this policy may be challenging for some smokers and tobacco users but we hope that smokers and tobacco users will respect the rights of their fellow members of the CSUSM community to breathe smoke-free air. We also hope non-smokers who remind violators of the smoke/tobacco-free policy will do so with courtesy and civility.
  • How will compliance with the smoke and tobacco free policy be ensured?

    Compliance is grounded in an informed and educated campus community. The success of this policy depends on the thoughtfulness, civility and cooperation of all members of the campus community, including visitors.

    Members of the CSU community are individually responsible to comply with the creation of a systemwide smoke and tobacco free environment.

    Educational campaigns, outreach, communication and the promotion of tobacco cessation treatment options will be the primary means to promote compliance. A comprehensive education and outreach campaign, including resources and referrals for cessation will be made available as part of campus implementation programs.

    Staff & MPP EMployees

    Employees violating this policy may be subject to corrective or disciplinary action, up to and including termination in accordance with applicable Collective Bargaining Agreements. Nothing in this executive order shall extend the existing grounds for employee discipline and, to the extent that any of these provisions are in conflict with a Collective Bargaining Agreement, the terms of the Collective Bargaining Agreement shall be controlling.

    Faculty/Unit 3

    Questions with respect to compliance or enforcement should be directed to the Office of Faculty Affairs. Nothing in this executive order shall extend the existing grounds for employee discipline and, to the extent that any of these provisions are in conflict with a Collective Bargaining Agreement, the terms of the Collective Bargaining Agreement shall be controlling.

    An individual smoking/vaping in your classroom is an obstruction to the educational process. In this situation, the first step is to ask the student to stop. If the student does not stop, the second step is to ask the student to leave the classroom. If the student does not leave the classroom, the next step is to ask for assistance from University Police. Once class has ended, please complete a CCN referral to the Dean of Students Office.

    Students

    Violations to this policy follow the same procedure as other university policies. This includes being subject to corrective action under the Student Code of Conduct and other applicable university regulations or policies.

    Vendors/Contractors

    Violations to this policy follow the same procedure as other university policies. This includes being subject to corrective action based on violations to vendor contracts and the relevant California Government, Health and Safety, and Educational Codes.

    Visitors

    Violations to this policy follow the same procedure as other university policies. This includes being subject to corrective action based on violations to vendor contracts and the relevant California Government, Health and Safety, and Educational Codes.

  • What should I do if I see someone smoking, vaping, or using other tobacco products?

    Clear the Air Ambassadors have been mobilized to educate the campus community about the smoke, vapor, and tobacco-free campus and to increase awareness of the cessation resources that are available. You can report such activities to the Smoke and Tobacco Free Taskforce at https://www.csusm.edu/smokefree/reportingtool.html
  • How would I report incidents of policy violation?

    If you would like to report an issue with individuals violating the smoke, vapor, and tobacco-free policy, please use the Reporting Tool at https://www.csusm.edu/smokefree/reportingtool.html
  • Why did Cal State San Marcos go smoke, vapor, and tobacco-free?

    On April 7, 2017 Chancellor Timothy White issued an executive order for a system wide CSU smoke and tobacco free environment. In compliance with this executive order, Cal State San Marcos is committed to promoting a clean and healthy educational, living, and working environment for all members of our campus community. Everyone will breathe easier, and this will assure equal access for individuals most vulnerable to the effects of secondhand smoke exposure, such as those with asthma and allergies.
  • What are the health consequences of secondhand smoke?

    Exposure to secondhand smoke is known to cause death and disease and is the third leading cause of preventable death in this country, killing over 50,000 non-smokers each year. The Surgeon General of the United States has concluded that there is no risk-free level of exposure to secondhand tobacco smoke and any exposure to tobacco smoke – even an occasional cigarette or exposure to secondhand smoke – is harmful. The United States Environmental Protection Agency (EPA) has found secondhand tobacco smoke to be a risk to public health, and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen. Furthermore, the California Air Resources Board has categorized secondhand smoke as a toxic air contaminant.
  • What are the benefits of a smoke, vapor, and tobacco-free policy?

    Smoke, vapor, and tobacco-free campus policies protect the health and safety of faculty, staff, students and visitors by eliminating secondhand smoke and tobacco litter on campus.

    A 100% smoke, vapor, and tobacco-free policy:

    1. Promotes clean air, a healthy environment, and healthy behavior choices;
    2. Saves money from staff time spent cleaning cigarette litter by eliminating butts and other tobacco waste on campus;
    3. Prepares students for tobacco and smoke free work environments (e.g., hospitals, K-12 schools, etc.);
    4. Prevents students from initiating tobacco;
    5. Encourages people who use tobacco to quit or decrease use; and
    6. Supports those who have quit using tobacco.

    Research shows that a strong majority of students, faculty, and staff prefer smoke- or tobacco-free policies. According to a new CVS Health/Morning Consult poll of 2,202 registered voters:

    • Sixty-nine percent of Americans think college student smoking and/or tobacco use is a problem.
    • Three-quarters (75%) of Americans support policies that prohibit smoking and other tobacco use on college campuses.
  • How will a smoke, vapor, & tobacco-free campus policy affect Cal State San Marcos’ culture

    The adoption of a 100% smoke, vapor, and tobacco-free policy promotes the health and well‐being of everyone on campus, including employees. Currently, individuals who work in outdoor areas are not provided with the same level of protection to secondhand smoke as those working indoors. A 100% smoke, vapor, and tobacco-free policy provides equal protection to everyone on campus. Additionally, the policy may encourage people who smoke to quit using tobacco and will support those individuals who have quit using tobacco.
  • My question isn’t on this page, who should I contact?

    Please provide a comment or feedback using the Reporting Tool https://www.csusm.edu/smokefree/reportingtool.html