[Adopted as amended 8-15-2000 (Ch. 785, Art. I, of the 2002 Bylaws)]
The Greenfield Public Schools (GPS) are committed to ensuring a tobacco-free environment for the entire school community. Education about the consequences of tobacco use is an integral part of the GPS curriculum at many grade levels and it is essential that staff actions support the education provided.
A. 
Smoking, and the use of tobacco products by students, staff, volunteers and visitors, is prohibited on all school property at all times, according to MGL c. 71, § 37H, effective June 4, 1993.
B. 
School property includes school buildings, school facilities, school grounds, school parking lots and school buses, and any property controlled by the School Committee.
As used in this article, the following terms shall have the meanings indicated:
TOBACCO AND TOBACCO PRODUCTS
Cigarettes, cigars, chewing tobacco, snuff, or any other forms of tobacco.
TOBACCO USE
Smoking, inhaling, or chewing tobacco or tobacco products.
At the beginning of the school year, and/or upon hire, each employee will read and sign the attached agreement (See Form GBK-1[1]). Upon determination by the Principal or Superintendent that a violation has occurred, in accordance with the attached regulations, the following consequences will result:
A. 
School employees during contracted hours.
(1) 
First offense:
(a) 
At the violator's option, a fine of $50 or attendance at two meetings with a tobacco cessation counselor or a tobacco education program compensated per the Drug-Free/Alcohol-Free/Tobacco-Free Workplace Policy. The fine will be waived with verification of attendance at two sessions or classes.
(b) 
Written notification of violation.
(2) 
Second offense:
(a) 
Fine of $50.
(b) 
Written reprimand to be filed in personnel file.
(3) 
Third offense and subsequent offenses:
(a) 
Fine of $50.
(b) 
Progressive disciplinary action, as per applicable contract of employment.
B. 
Visitors (regardless of age) and school employees during noncontracted hours.
(1) 
First violations will result in a written warning.
(2) 
Second violations and subsequent violations will result in a fine of $50.
[1]
Editor's Note: Said form is on file at the Town offices.
A. 
Reporting. Any school employee who observes a school employee or visitor using tobacco products on school property must report the observation to the Principal within 48 hours. (NOTE: In the event that the employee observed using tobacco is a Principal, the report of the violation will be made to the Superintendent.) Any adult observing tobacco use on school property may also make a report to the Principal. The observer shall complete the tobacco reporting form available in each Principal's office.
B. 
Investigation. After receiving the report, the Principal shall investigate the circumstances surrounding the incident. The investigation shall include an interview with the employee or visitor, the reporter, and any identified witnesses. The employee or visitor shall have the opportunity to related his/her side of the incident and substantiate his/her statements.
C. 
Determination. After completion of the investigation, the Principal shall make a determination. The Principal shall determine whether or not the evidence supports a finding that the employee or visitor used tobacco products in violation of this policy. The Principal shall provide written notification to the employee or visitor of the determination and the consequences as set forth in this policy. A determination will be made within three days from the date that the incident was reported to the Principal.
D. 
Enforcement.
(1) 
The Principal may initiate the disciplinary consequences as set forth by this policy.
(a) 
Visitors.
[1] 
Warnings shall be kept on file in the Principal's office.
[2] 
Subsequent offenses shall result in fines.
(b) 
Employees.
[1] 
If the offender chooses a described alternative to paying the fine as stated in this policy, the violation will be documented in writing pending completion of the alternative consequence.
[2] 
If the employee fails to satisfactorily complete the alternative obligation, a ticket will be issued.
[3] 
The date on the ticket will reflect the date the ticket was issued.
(2) 
Fines. In the event that a fine is levied, the following procedures shall apply:
(a) 
As enforcing agents of the Board of Health, designated GPS school officials are authorized to sign noncriminal tickets for school smoking regulation violations, as described in MGL c. 40, § 21D, and GPS policy.
(b) 
When a ticket is to be issued, the enforcing agent writes a noncriminal ticket (in four copies) and issues copies to the following:
[1] 
Offender's copy: handed to the violator after violation.
[2] 
Town Clerk's copy: sent or delivered to the Town Clerk's office.
[3] 
Board of Health copy: sent or delivered to the Board of Health office.
[4] 
School copy: kept on file at the school office.
[5] 
(Optional) District Court copy: mailed to the Clerk Magistrate, Greenfield District Court.
(c) 
School district officials, or their designees, shall enter tickets issued on a control list to track the disposition of the violations.
(d) 
Options available to the offender within 21 days of the issuance of the ticket are:
[1] 
Appear in person at the office of the Town Clerk to pay the fine; or
[2] 
Pay the fine by mail to the office of the Town Clerk; or
[3] 
Request a hearing in the Greenfield District Court. This request must be submitted in writing and be accompanied by the offender's copy of the ticket.
(e) 
Payment of the fine, either in person or by mail, serves as the final disposition of the case. After 21 days, school district staff will check whether the fine has been paid. The Town Clerk shall notify the Board of Health and GPS of the payment.
(f) 
If a hearing is requested with the District Court, a designated school official will be present at the hearing. There are three possible outcomes to such a court hearing:
[1] 
If the Court finds that the violation did not occur, or that the person appearing did not commit the violation, the matter will be dismissed.
[2] 
If the Court finds that the offender committed the violation, and such person pays the fine, this will serve as final disposition of the case.
[3] 
If the Court finds that the violation was committed by the offender, and the offender refuses to pay, the Town may pursue the matter by means of a criminal complaint.
(g) 
If 21 calendar days elapse and the offender has neither paid the fine nor requested a hearing, the Board of Health shall decide whether to file a criminal complaint.
The Principal shall provide information and cause training of all school employees to occur with regard to the implementation of this policy.