Policy number: 1.19

Policy section: Institutional Affairs

Revised Date: August 26, 2019

1.  Policy Statement

The University is dedicated to providing a healthy, safe, comfortable and productive work, study and social environment for faculty, staff and students. This goal can be achieved only through ongoing efforts to protect nonsmokers and help employees and students adjust to restrictions on smoking. All areas in University buildings, including residence halls and Greek houses, will be smoke and vapor free.   This means that use of any Smoking Materials inside University buildings is prohibited.  In addition, smoking is prohibited within twenty-five (25) feet of any entrance to buildings on campus.

The success of this policy will depend upon the thoughtfulness, consideration and cooperation of smokers and nonsmokers. All members of the SMU community share responsibility for adhering to and enforcing the policy. Any conflict should be brought to the attention of the appropriate supervisor and, if necessary, referred to the Department Head, Dean or Vice President. Personnel in the Office of Risk Management are charged with the responsibility for interpreting this policy and reviewing questions concerning smoking issues.

2.  Smoking and Tobacco Laws

Section 161.252 of the Texas Health and Safety Code makes it an offense for an individual younger than twenty-one (21) to possess, purchase, consume, or accept a Cigarette, E-Cigarette, or Tobacco Product. Exception is made for an individual at least eighteen (18) years of age who presents a valid United States or state military identification card. All members of the University community should be cognizant of and comply with this law and all other applicable smoking and tobacco laws. Failure to do so will subject the offender(s) to potential University action and/or action by civil authorities.

Appendix A: Definitions

“Cigarette” is defined by Section 161.251 of the Texas Health and Safety Code as “a roll for smoking: (A) that is made of tobacco or tobacco mixed with another ingredient and wrapped or covered with a material other than tobacco; and (B) that is not a cigar.”

“E-Cigarette” is defined by Section 161.251 of the Texas Health and Safety Code as “an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device. The term does not include a prescription medical device unrelated to the cessation of smoking. The term includes: (A) a device described by this subdivision regardless of whether the device is manufactured, distributed, or sold as an e-cigarette, e-cigar, or e-pipe or under another product name or description; and (B) a component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.”

“Smoking Materials” include, but are not limited to:  cigarettes, cigars, pipes, electronic smoking devices, such as “e-cigarettes”, as well as any and all “Vaping” devices.

“Tobacco Product” is defined by Section 161.251 of the Texas Health and Safety Code as “(A) a cigar; (B) smoking tobacco, including granulated, plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable for smoking in a pipe or as a cigarette; (C) chewing tobacco, including Cavendish, Twist, plug, scrap, and any kind of tobacco suitable for chewing; (D) snuff or other preparations of pulverized tobacco; or (E) an article or product that is made of tobacco or a tobacco substitute and that is not a cigarette or an e-cigarette as defined by Section 161.081, Health and Safety Code.”

“Vaping” refers to the inhalation of vapor through the mouth from a device that heats and vaporizes a liquid or solid.

Revised: August 26, 2019

Adopted: May 4, 1998