[Adopted 5-23-2000 (Ch. 785, Art. II, of the 2002 Bylaws)]
The Greenfield Public Schools (GPS) are committed to ensuring a tobacco-free environment for the health and well-being of the entire school community. Education about the consequences of tobacco use is an integral part of the GPS curriculum at many grade levels.
A. 
Smoking, and the use of tobacco products by students, staff, volunteers and visitors, is prohibited on all school property at all times in accordance with MGL c. 71, § 37H, effective June 4, 1993.
B. 
District policy prohibits student possession of tobacco products or tobacco paraphernalia on school property and at school-sponsored trips and events. 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:
SCHOOL-SPONSORED TRIPS AND EVENTS
Includes, but is not limited to, such activities as field trips, graduation events, sporting events, work internships and dances.
STUDENT
Students enrolled in the Greenfield Public Schools, regardless of age.
TOBACCO AND TOBACCO PRODUCTS
Cigarettes, cigars, chewing tobacco, snuff, or any other forms of tobacco.
TOBACCO PARAPHERNALIA
Equipment, products, or materials of any kind which are intended or designed for producing, possessing, or using tobacco products. This shall not include cigarette rolling papers.
TOBACCO USE
Smoking, inhaling, or chewing tobacco or tobacco products; reasonable cause to believe tobacco products are being used.
Upon determination by the Principal, or his/her designee, that a violation has occurred, in accordance with the attached regulations (JFCG-R), the following consequences will result:
A. 
First offense (within a given school year).
(1) 
Removal of tobacco product or paraphernalia with return to the parent or legal guardian upon written request by the parent or legal guardian within 30 days of the violation.
(2) 
Parent/Guardian notification by letter or phone.
(3) 
Notification of sports and activities directors. (MIAA regulations will apply to athletes.)
(4) 
At the violator's option, fine of $50 or after-school tobacco education classes; three days, 1.5 hours per day.
B. 
Second offense (within a given school year).
(1) 
Removal of the tobacco product or paraphernalia with return to the parent or legal guardian upon written request by the parent or legal guardian within 30 days of the violation.
(2) 
Parent/Guardian conference.
(3) 
Notification of sports and activities directors. (MIAA regulations will apply to athletes.)
(4) 
At the violator's option, fine of $50 or a service project about the realities of tobacco use and attendance at after-school tobacco education classes; three days, 1.5 hours per day.
C. 
Third offense and all subsequent offenses (within a given school year).
(1) 
Removal of the tobacco product or paraphernalia with return to the parent or legal guardian upon written request by the parent or legal guardian within 30 days of the violation.
(2) 
Parent/Guardian conference.
(3) 
Notification of sports and activities directors. (MIAA regulations will apply to athletes.)
(4) 
Fine of $50.
(5) 
Mandatory attendance at after-school tobacco education classes; three days, 1.5 hours per day.
A. 
Reporting. Any school employee who observes a student in possession of, or using, a tobacco product, or who has reasonable cause to believe a student is in possession of, or using, a tobacco product, shall direct the student to the Principal, or his/her designee, and report the incident. If the violation is alleged to have occurred during a school-sponsored activity off school grounds, the person who made the observation shall report the violation to the Principal, or his/her designee, within 48 hours, and shall make out a written statement including the student's name, the date, time and circumstances surrounding the incident, to include a list of witnesses who may have observed the incident.
B. 
Investigation. After receiving the report by the employee, the Principal, or his/her designee, shall investigate the circumstances surrounding the incident. The investigation shall include an interview with the student, the reporter, and any identified witnesses. The student shall have the opportunity to relate his/her side of the incident and substantiate his/her statements. The Principal shall notify the student's parent or guardian that the student is the subject of the investigation.
C. 
Determination. After completion of the investigation, the Principal, or his/her designee, shall make a determination. The Principal, or his/her designee, determines whether or not the evidence supports a finding that a student possessed or used tobacco products in violation of this policy. The Principal shall provide written notification to the student and his/her parents 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, or his/her designee, shall initiate the disciplinary consequences as set forth by this policy. If the offender chooses a described alternative to paying the fine, the violation will be documented pending completion of the alternative consequence. If the student fails to satisfactorily complete the alternative obligation, the ticket will be issued. The date of the ticket will reflect the date that it is issued.
(2) 
Fines. When 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 the GPS Policy (JFCG).
(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 violator after violation.
[2] 
Town Clerk's copy: sent or delivered to Town Clerk's office.
[3] 
Board of Health copy: sent or delivered to Board of Health office.
[4] 
School copy: kept on file at school office.
[5] 
(Optional) District Court copy: mailed to 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 will 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. Parents and students shall be notified each year of the provisions of this policy through publication in the student handbook.