Enforcement of the Tobacco-Free Policy at NMU
The tobacco-free policy is meant to support a healthy NMU community, not punish those who use tobacco. Assume that a person using tobacco on NMU’s campus is unaware of the tobacco-free policy. If you see a person using a tobacco product on campus, respectfully inform the person of the tobacco-free policy. You may direct them to this website for more information. If someone repeatedly violates the policy the following disciplinary guidelines will apply.
Enforcement for Employees
Discipline of employees will be determined based on any applicable union agreement, the personnel policy manual and tobacco-free policy. If an employee is reported to his/her supervisor for violating the ban, the supervisor will first meet with the employee and conduct a corrective discussion. A second report will result in a documented verbal warning, submitted to the employee’s personnel file. Any third report will result in a written warning, clarifying the expectations under the policy and the potential consequences of future violations. Subsequent instances of policy violations will be subject to additional disciplinary action, up to and including termination of employment.
Supervisors' step-by-step employee enforcement procedure
Step 1: Inform the Employee of the Policy
Set up a meeting with the employee to discuss the tobacco-free policy. Let them know that it was brought to your attention that they may have violated the tobacco-free policy, and that this is an informative meeting only.
During the meeting inform the employee of the policy, provide a hard copy of the policy and the tobacco-free website at www.nmu.edu/tobaccofree. Inform the employee of any upcoming cessation workshops and provide handouts. Ask the employee if there is anything that you can help them with, and if they have any questions.
Remind the employee again that this discussion will not be a formal part of their employee record, and this is in regard to making them aware of the policy.
Step 2: Verbal Warning
Schedule a meeting to discuss the policy violation. If the employee wishes, they may have a union representative with them during the meeting.
Discuss with the employee the tobacco-free policy and provide a hard copy of the policy to the employee. Advise the employee that the purpose of this verbal warning is to clarify the policy and the expectations. The expectations are: they will follow the tobacco-free campus policy. Ask them if they have any questions.
If the employee would like to consider quitting their tobacco use or assistance with better managing it while on campus, the Health Center and NMU Health Promotions office are both willing to discuss the wide variety of options that are available. In addition, let the employee know that NMU has an Employee Assistance Program (EAP). NorthStar provides confidential help for you and your family, and it is provided by NMU as a prevention service designed to help you cope with personal problems before work performance might be affected. Ask them if there is anything you can help them with.
Document for your records that the conversation occurred. Forward a copy to Human Resources.
Step 3 - Written Warning (Consult with Human Resources)
Schedule a meeting to discuss the policy violation. If the employee wishes, they may have a union representative with them during the meeting.
If this is a second violation of the policy, within 12 months of a verbal warning, follow up with a meeting to discuss the policy violations, and provide to them written warning in the form of a letter. Discuss with the employee the expectations, and state that further disciplinary action will occur if the behavior is repeated within 12 months. The letter should also describe the violation of the policy, outline the expectations, and state that further disciplinary action will occur if the behavior is repeated within 12 months. Inform the employee of the resources available to them: Health Center, Health Promotion Office, and NMU’s Employee Assistance Program (EAP). Enclose a copy of NMU’s Employee Assistance Program.
Make a copy of the letter for the file. Forward a copy to Human Resources.
Step 4 - Final Written Warning (which may include a suspension without pay)
If the conduct addressed by the written warning is repeated or additional problems occur within a 12-month period, discipline may progress to a final written warning, which may include an unpaid suspension. The supervisor should work in consultation with Human Resources prior to taking disciplinary actions at higher levels, such as written warnings, final written warnings (with or without unpaid suspension) and termination.
Step 5 - Termination of Employment
Employment may be terminated based on progressive discipline per respective union contract or Personal Policy Manual. The supervisor should work in consultation with Human Resources prior to taking disciplinary actions at higher levels, such as written warnings, final written warnings (with or without unpaid suspension) and termination. Termination of employment because of repeated violation of any university policy, including the tobacco-free policy, is considered by NMU to be an action of last resort after considerable opportunity for change has been afforded an employee.”
However, the facts and circumstances of each case will determine what action, up to and including discharge from employment, is appropriate. Decisions to terminate employment should be made in consultation with Human Resources.
Enforcement for Students
Discipline of students will go through the Student Code. If a student is reported to the Dean of Students Office, the student will need to talk to a Dean of Students staff member about the policy. A second violation results in a warning and is noted on a student's record. The third violation will result in conduct charges. Every subsequent violation will result in charges. If the violations continue, the student could be suspended from the university for one year.
Dean of Students step-by-step student enforcement procedure
Step 1: Inform the Student of the Policy
An email from the Dean of Students Office will be sent to the student’s NMU email account informing him/her that they are alleged to have violated the tobacco-free policy. The email will include an electronic copy of the student rack card, notification of upcoming cessation workshops, and a reminder that further infraction will result in a formal written warning.
The student will be given the opportunity to meet with someone from the Dean of Students Office if he/she would like to discuss the complaint or the policy.
Step 2: Written Warning
An email from the Dean of Students Office will be sent to the student’s NMU email account informing him/her that they are alleged to have violated the tobacco-free policy for a second time. The email will include another electronic copy of the student rack card.
The student will be informed that the written warning will be filed in the Dean of Students Office and that further violation will result in formal disciplinary action.
The student will be given the opportunity to meet with someone from the Dean of Students Office if he/she would like to discuss the complaint or the policy.
Step 3: Student Code Charges for Violation of the Tobacco-free Policy
An email from the Dean of Students Office will be sent to the student’s NMU email account informing him/her of the alleged Student Code charges for violating the tobacco-free policy for a third time. The email will include notification of the time and place of a meeting with a conduct administrator to discuss the Student Code charges.
If during the meeting the student is responsible, he/she will be placed on probation with the University. If the student denies responsibility he/she will be afforded a Conduct Board hearing to determine responsibility.
The university sanction will be Disciplinary Probation for 16 weeks, for students who have no prior Student Code infractions. The sanction will vary for students with prior Student Code infractions, depending on the probationary status prior to the current infraction.
*All subsequent Student Code infractions, including further violation of the tobacco-free policy will result in more severe disciplinary sanctions.
Enforcement for Visitors
Visitors who violate the policy will be informed of the policy and asked to discontinue their tobacco-related activities. Those who do not do so will be asked to leave the Northern Michigan University campus.