Pace University

Smoking Policy Committee

Summary and Proposal

June 25, 2014

2

Table of Contents

Introduction and Background 3

Findings 4

Recommendations 6

Proposal Alternative “A” 7

Proposal Alternative “B” 8

Conclusion 9

Appendix 10

3

Introduction and Background

The university’s current policy on smoking, “prohibits smoking or carrying of any ignited tobacco containing products, within a 50 foot perimeter, to all facilities owned, operated or leased by Pace University, at any University-sponsored event or program, or in any vehicle owned, operated or leased by Pace University"1. It has been suggested by some members of the university community that further efforts to limit smoking on campus should be made. The Division of Human Resources invited students, staff and faculty from the university to participate on a one-time Smoking Policy Committee. The committee became active in the Spring of 2014 and was charged with making a proposal for a new policy to address measures and other related considerations regarding smoking on each of the university campuses. The committee was made up of 28 participants including staff, faculty and students from New York City, Pleasantville and Law School campuses. It had a diverse representation of individuals from the Law School, Dyson College of Arts and Sciences, Lubin School of Business, School of Education, General Services, Center for Community Action and Research, Pace Academy for Applied Environmentalists, Office of Government and Community Relations, University Relations, Health Care Unit, Enrollment Management, Student Affairs, Mortola Library, Financial Services, Risk Management and Human Resources. The committee’s activities, facilitated by Human Resources, included monthly and semi-monthly meetings. Participants discussed and reviewed scholarly articles on the topic, demographic data, New York City and New York State laws and regulations regarding smoking and smoking related activities, recommendations and activities of entities such as the American Lung Association. Participants reached out to other higher education institutions to see implementation plans for policies and procedures with current smoke-free policies as well as phase-out policies. This proposal, therefore, outlines recommendations by the Smoking Policy Committee to address next steps to address smoking on campus in line with Pace’s strategic goal of Building a Culture of Community at the university.

1 Pace University, Employee Handbook, Policy on Smoking: http://www.pace.edu/human-resources/employee-handbook-policies#Smoking.

4

Findings

Most recently a number of higher educational institutions, including public and private institutions, have implemented an equivalent of a smoke-free campus policy which bans smoking indoors and outdoors on the basis of a responsibility to promote the health of students, faculty, staff and visitors while they are on campus. 1,343 campuses in the U.S. have adopted 100% smoke-free campus policies that eliminate smoking in indoor and outdoor areas across the entire campus, including residences, 31 are from New York State which includes 20 that are also 100% tobacco-free.2 These institutions include CUNY colleges (24 campuses) where the smoke-free policy went into effect in September 2012, and selected SUNY schools where the smoke-free campus environment was voted to take effect in January 2014. Many of the committee discussions focused on health and well-being of the university community, including students, staff, faculty and visitors. The American College Health Association acknowledges that tobacco use in any form is a significant health hazard outlining their support of the health goals of the U.S. Department of Health and Human Services’ Healthy People 2020 initiative.3 Demographic findings show that over one-third of those ages 18 to 25 are smokers.4 About 20% of university students smoke.5 Further, the negative health effects of secondhand exposure are well documented among young adults and general adult population.6 Particular focus was made with regard to the example that the university as an institution is providing to students and what an educational institution’s obligations may be to our student population and the extent of moral obligations to individuals, especially young individuals who smoke, or are impacted by smoke. A number of higher educational institutions include smoking cessation programs as part of the transition into a smoke-free campus environment. Vassar College’s smoke-free policy will take effect July, 2015 while they prepare their community for the new policy, which includes a Smoking Cessation Training offered in the Spring of 2014.7 Committee members outlined different smoking-related products and impact of each. The American Heart Association noted the increased use of e-cigarettes by American teens urging the need for the Food and Drug Administration to take immediate action to oversee these products.8 Further, the

2 Smokefree and Tobacco-Free U.S. and Tribal Colleges and Universities, April 29, 2014, http://no-smoke.org/pdf/smokefreecollegesuniversities.pdf. 3 ACHA Guidelines, Position Statement on Tobacco on College and University Campuses, November 2011. 4 Brown, Carpenter and Sutfin, Occasional Smoking in College: Who, What, When and Why? Addictive Behaviors, 36 (2011) 1199-1204. 5 Insider Higher Ed, The Problem With Smoke-Free Campuses, February 17, 2012, http://www.insidehighered.com/views/2012/02/17/essay-arguing-campus-smoking-bans-are-unsafe, accessed May 13, 2014. 6 Seo, Macy, Torabi and Middlestadt, The effect of a smoke-free campus policy on college students’ smoking behaviors and attitutes, Preventive Medicine 53 (2011) 347-352. 7 Vassar College, Smoke Free, http://smokefree.vassar.edu/news/announcements/2013-2014/131205-smoking-cessation-workshop.html, accessed May 13, 2014. 8 American Heart Association, FDA Must Act Now on E-Cigarettes, Says American Heart Association, September 5, 2013, http://newsroom.heart.org/news/fda-must-act-now-on-e-cigarettes-says-american-heart-association, accessed May 13, 2014.

5

American Lung Association supports measures to prevent tobacco use by youth.9 The New York City Council passed a law that extends the NYC Smoke-Free Air Act to include e-cigarettes.10 The committee also noted many of the current challenges with the existing smoking policy, particularly limitations of enforcement measures. Some accounts of the experience of students and staff include the walk through the cloud of smoke that is consistently present in front of 1 Pace Plaza. It was noted that the use of Security staff has not been effective in enforcing the existing smoking policy. From the experience of other institutions who implemented a smoke-free policy, a phase-out period included a marketing and educational campaign, as well as the establishment of committees to address enforcement measures.11 Many institutions included FAQs addressing enforcement and education measure to effective create a smoke-free campus environment.12 Review of city and state laws and regulations found that different rules may apply to different campuses. The Pleasantville campus environment, particularly with the development of the Master Plan presents unique challenges in enforcing the current smoking policy. Further, the Pleasantville campus is considered by many a public open campus community that welcomes many visitors, particularly kids to the library or the environmental center. Further, NYC law, unlike NY State, prohibits tobacco purchases to individuals under 21 years old, which is predominantly the university’s undergraduate population, and if individuals are not allowed to buy tobacco products, then the use of products on campus should not be allowed either.13 Moreover, Pace’s NYC campus has a large international student population and individuals come from countries where smoking practices and legal requirements may be different. Once a proposal for a smoke-free campus was made, an informal survey of the committee participants was conducted. The poll consisted of six questions. The questions and results are included in the Appendix for further reference. Most notably, the poll results showed that the majority of committee participants favored “smoke- and tobacco-free” language to be included in the policy, while some participants strongly favored the “smoke-free” language only. Many committee members emphasized the need for student vote and participation in any decision regarding a smoke-free policy proposal. The entire university community should have the opportunity to voice their opinions, including students, staff and faculty.

9 American Lunch Association, Tobacco Policy Statement, http://www.lung.org/associations/charters/plains-gulf/advocacy/tobacco-policy-statement.html?print=t, accessed May 13, 2014. 10 The New York City Council, http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1526765&GUID=15D04C6D-C760-40EA-88A4-2E40C0374E43&Options=ID%7CText%7C&Search=1210-2013. 11 Conversation between Anna Vidiaev, Employee Relations Manager, Human Resources, Pace University with Dr. Balawajder, Head of Health Services at Vassar College on Friday, April 25th, 2014. 12 Some of these examples include CUNY and Vassar College. 13 New York City Council: http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=664290&GUID=4223E26A-7F3F-4B7D-9E3A-0E3F7B850155&Options=ID%7CText%7C&Search=0250.

6

Recommendations

In an effort to obtain the greatest range of feedback from the university community it is recommended that a university wide feedback is sought regarding the proposed two alternatives of the new policy, “The Proposal,” to better assess the understanding, thoughts, feeling, experience and suggestions of students, faculty, staff on all university campuses. One alternative will focus on a Smoke-Free Campus Policy; while the other alternatives will focus on the Smoke- and Tobacco-free Campus policy. The following points were discussed in the consideration of expanding the university’s existing smoking policy.

o Executive Level Input: The initiative should be presented to the university community as Pace University’s Institutional Initiative, proposed by the Operations Committee.

o Smoke-Free Environment: The university community should have input on whether the university establishes a smoke free environment.14

o University Community: The University should actively involve the wider university community in the decision making, i.e. students, faculty and staff.

o Education and Implementation: Awareness and education regarding any new policy should be made with guidelines for implementation measures, i.e. FAQs webpage/document, university wide communications, policy update, regular announcements/reminders, signs, etc. This should be done as a collaborative, integrated effort of such divisions as University Relations, Human Resources, General Services, Faculty Council, NYC and Westchester Administrative Staff Councils, the Student Government Association.

o Enforcement: Enforcement of the policy should be the responsibility of all the members of the university community. Enforcement measures may be addressed in a FAQs webpage/document.

The Proposal is to seek university community feedback on one of the following alternatives: 1) A Smoke-Free Campus Policy; or 2) A Smoke- and Tobacco-Free Campus Policy. The proposed policy would apply to all Pace facilities and properties, current and future, and to all people who use Pace University facilities and property, including students, staff, faculty and visitors. Each of the alternatives and justifications is outlined in the next two sections. A committee representatives should be appointed to speak at each of the following in the Fall 2014 outlining each of the alternatives and requesting feedback via survey that will be circulated following each meeting:

- Faculty Council Meeting (NYC and Westchester)

- Staff Admin Council Meeting (NYC and Westchester)

- SGA Community Meeting (NYC and Westchester)

- Law School Faculty Meeting

- Law Student Bar Association Meeting

- Meeting of the Law School Staff

14 Currently, only the New York City Campus has a designated smoking area. However, this has nevertheless caused complaints regarding the enforcement measures to ensure that smokers only use the designated smoking area.

7

Proposal Alternative “A” - A Smoke-Free Campus Policy Proposal Policy Statement The Pace Strategic Plan 2010-2015 calls for “the highest standards of truth, ethical behavior and academic freedom in every aspect of the University’s life and actions” and programs that “expand and promote Pace’s campus sustainability initiatives.” The University recognizes the negative impacts tobacco has on both tobacco and nontobacco users, and that its use causes profound negative impacts on human and environmental health as well as sustainability locally and worldwide. Pace University is therefore committed to: providing a healthful, smoke-free teaching, learning and working environment for all users of its facilities and properties; promoting wellness and prevention on behalf of all members of the Pace University community; and assisting those members of our community who want to halt the use of tobacco in their own lives. Proposal

1. Beginning with the entering class in the year after the policy is adopted (i.e. Fall of 2015), smoking

and use of e-cigarettes and similar devices will be allowed only in designated areas on each

campus. The rule prohibiting smoking within a certain distance of Pace buildings will be revoked.

Designated areas will be recommended by a subcommittee of the Smoking Policy Committee and

Pace University Security.

2. Beginning with admittance of the entering class two years after the policy is adopted (i.e. Fall of

2016), all Pace campuses will be smoke-free and e-cigarette free.

3. Pace will commence a notification campaign regarding the new university policy, as soon as the

policy is adopted.

4. The Smoking Policy Committee will compose a thoughtful, plain language rationale for the new

policy, to be used as a basis for a university-wide education campaign, and in all admission literature,

social media, etc.

5. The Smoking Policy Committee will work with Human Resources on a joint campaign aimed at

University community to promote cessation of smoking through education, FAQs, incentives,

counseling, etc. and it will work with our College of Health Professions and other parts of the

university to develop a program to assist students, staff and faculty who have a desire to stop

smoking.

Justifications for Smoke-Free Only Impact: There is a distinction between smoking and the use of tobacco products that do not involve the generation of secondhand smoke. Since Tobacco products do not necessarily impact someone else, therefore they should not be included in the policy. Individual Rights: Individuals should be afforded the freedom to decide for himself/herself how to make the trade-offs between health and pleasure, as long as the rights of others are not being violated directly. Enforcement: It may be easier to enforce a policy that prohibits e-cigarettes and smoking, rather than a policy that also prohibits smoke-free tobacco products, given the nature of the use of each of these products. Evidence of Harm: While there is some evidence of harm from the use of tobacco-products, New York State legislation prohibits only smoking and smoking related products. Trend in Higher Education: A trend towards a smoke-free campus environment has been on the rise nationwide.

8

Proposal Alternative “B” - A Smoke- and Tobacco-Free Campus Policy Proposal Policy Statement The Pace Strategic Plan 2010-2015 calls for “the highest standards of truth, ethical behavior and academic freedom in every aspect of the University’s life and actions” and programs that “expand and promote Pace’s campus sustainability initiatives.” The University recognizes the negative impacts tobacco has on both tobacco and nontobacco users, and that its use causes profound negative impacts on human and environmental health as well as sustainability locally and worldwide. Pace University is therefore committed to: providing a healthful, smoke and tobacco-free teaching, learning and working environment for all users of its facilities and properties; promoting wellness and prevention on behalf of all members of the Pace University community; and assisting those members of our community who want to halt the use of tobacco in their own lives.

Proposal

1. Beginning with the entering class in the year after the policy is adopted (i.e. Fall of 2015), smoking,

the use of e-cigarettes and similar devices, and the use of tobacco products will be allowed

only in designated areas on each campus. The rule allowing smoking within a certain distance of Pace

buildings will be revoked. Designated areas will be recommended by a subcommittee of the Smoking

Policy Committee and Pace University Security.

2. Beginning with admittance of the entering class two years after the policy is adopted (i.e. Fall of

2016), all Pace campuses will be smoke-free, e-cigarette free and tobacco-free.

3. Pace will commence a notification campaign regarding the new university policy, as soon as the

policy is adopted.

4. The Smoking Policy Committee will compose a thoughtful, plain language rationale for the new

policy, to be used as a basis for a university-wide education campaign, and in all admission literature,

social media, etc.

5. The Smoking Policy Committee will work with Human Resources on a joint campaign aimed at

University community to promote cessation of smoking through education, FAQs, incentives,

counseling, etc. and it will work with our College of Health Professions and other parts of the

university to develop a program to assist students, staff and faculty who have a desire to stop

smoking.

Justifications for Smoke- and Tobacco-Free

Impact: There is a distinction between smoking and the use of tobacco products that do not involve the generation of secondhand smoke. Given the evidence of harm, both smoke and tobacco products should be prohibited. Individual Rights: Individuals should be afforded the freedom to decide for himself/herself how to make the trade-offs between health and leisure. A policy that promotes the health and well-being of the campus community does not necessarily violate individual rights. Enforcement: A blanket policy of prohibition of smoke and tobacco products may be easier to enforce with educational campaigns and community effort. Evidence of Harm: There is substantial evidence to support the harm of tobacco use, as well as smoking, and therefore both should be included in the policy. Policies that restrict tobacco have shown to be effective to reduce tobacco use. Trend in Higher Education: A trend towards a smoke- and tobacco-free campus environment has been on the rise nationwide.

9

Conclusion In the past year a number of concerns and complaints have arisen from students and staff regarding smoking policies on Pace University campuses, particularly in New York City and White Plains, Law School campuses. In fulfilling the Smoking Policy Committee’s goal of reviewing the existing smoking policy and related considerations, the committee found substantial evidence to support the harms of smoking and tobacco products, as well as trends in higher educational institutions that implement either smoke-free or smoke- and tobacco-free campus policies. In an effort to provide and promote a healthy environment for the Pace University community including our students, staff, faculty and visitors, it is the recommendation of this ad hoc committee to implement either a Smoke-Free Campus or alternatively a Smoke- and Tobacco-Free Campus policy across all university campuses, buildings and facilities, effective September 1, 2015. It is further recommended that university-wide feedback is sought from students, faculty and staff to help determine which alternative the University policy should include. The committee would like to recognize all participants, active, observer and advisory that have volunteered their time and effort to the committee: Brian Anderson, Edith Arenas-Rivera, Jeff Blaisdell, Kristen Bloise, Daniel Botting, John Cronin, Diane Cypkin, Angelique Diaz, Ambar Durango, Brian Evans, Tammy Frary, Caitlin Grand, Douglas Heimbigner, Vanessa Herman, Matthew Landau, Debbie Levesque, Shawn Livingston, Taylor Longenberger, Ellen Mandel, Frank McDonald, Richard Myers, Julie Putt, Ivy Riddick, Justin Santore, Anna Vidiaev, P.V., Chauncey Walker and Ellen Weisbord. A special note of thanks to Betsy Garti, Associate VPs of Human Resources for her continued presence, advocacy and sponsorship of the committee.

10

Appendix

Initial Report Last Modified: 05/07/2014

1. If the committee were to propose a smoke-free environment, which language should the committee include in the proposal?

# Answer

Response %

1 Smoke Free Only

4 19%

2 Smoke and Tobacco Free

13 62%

3 Other (Please specify):

3 14%

4

I need more information to answer this question (Please explain):

1 5%

Total 21 100%

Other (Please specify): I need more information to answer this question (Please explain):

Smoke and tobacco free; e-cigarette free

If the driver of the policy will be current laws, then smoke free is appropriate. If we are using general public health as our reason for policy development, then tobacco and e-cigs should be included in the ban as well.

We should ban all tobacco products and e-cigarettes and similar devices

Designated smoking areas

Statistic Value Min Value 1 Max Value 4 Mean 2.05 Variance 0.55 Standard Deviation 0.74 Total Responses 21

2. Point 1 of JC Proposal: Beginning with the 2014-2015 school year, smoking, use of tobacco products, and use of e-cigarettes and similar devices will be allowed only in designated areas on each campus. The rule allowing smoking within a certain distance of Pace buildings will

11

be revoked. Designated areas will be recommended by a subcommittee of the Smoking Policy Committee and Pace University Security.

# Answer

Response %

1 I strongly agree with this point.

10 48%

2 I somewhat agree with this point.

6 29%

3 I am neutral on this point.

1 5%

4 I somewhat disagree with this point.

2 10%

5 I strongly disagree with this point.

2 10%

6 Please clarify your answer (if applicable):

8 38%

Please clarify your answer (if applicable): Does revoking the rule about smoking certain distance from buildings mean they can smoke near buildings? Or does it mean we revoke since they can only smoke in designated areas? I think we need to consider the realities. 1) Will security be able to enforce all this? If we don't enforce the policy, it's worse than not having it at all. 2) How will long time employees be with this? Will that be something we want to impose on staff? Will the administration back us on that? I'm not saying we should base a decision on that, but we should think about how to handle it. So far this plan is really about students. Speaking for the law school, we don't have a logical place(s) to designate, so I'd be inclined to keep the 50 foot rule during the transition to the smoke free campus. A separate point: Would we consider that designated areas be sheltered from rain and snow? There may not be logical places to designate for smoking. It may be better to stay with the 50 feet rule during the transition. If areas are to be designated, is there to be shelter from rain and snow. If so, that will make it harder to find suitable areas to designate. Will be tough to enforce by security. how do we enforce in residence halls there are multiple res halls, which would require multiple locations for this to succeed Although keep in mind that Pace has 62 building

Statistic Value Min Value 1 Max Value 6 Total Responses 21

3. Point 2 of JC Proposal: Beginning with admittance of the Class of

12

2019*, all Pace campuses will be tobacco-free and e-cigarette/device free.*refers to the graduating class of 2019, in other words, the freshmen class admitted for Fall 2015

# Answer

Response %

1 I strongly agree with this point.

12 57%

2 I somewhat agree with this point.

4 19%

3 I am neutral on this point.

1 5%

4 I somewhat disagree with this point.

4 19%

5 I strongly disagree with this point.

1 5%

6 Please clarify your answer (if applicable):

4 19%

Please clarify your answer (if applicable): I would prefer it be prior to 2019, but will support 2019 if needed. Same comments as above in terms of the plan being about students and not faculty and staff. Again, tough to enforce in residence halls Since these things are not illegal, we should allow allowed use only only in designated areas on each campus.

Statistic Value Min Value 1 Max Value 6 Total Responses 21

4. Point 3 of JC Proposal: In September 2014, Pace will commence a notification campaign regarding the new university policy.

# Answer

Response %

1 I strongly agree with this point.

17 85%

2 I somewhat agree with this point.

1 5%

3 I am neutral on this point.

1 5%

4 I somewhat disagree with

1 5%

13

this point.

5 I strongly disagree with this point.

0 0%

6 Please clarify your answer (if applicable):

6 30%

Please clarify your answer (if applicable): People do need at least a year to prepare themselves. As part of the notification campaigh, I favor holding "town meetings" to give students, faculty and staff an opportunity to be heard The notification campaign should include one or more events designed to allow students, faculty and staff to offer comments students should be invovled with the process now I think a campus wide vote by students is necessary. Agreed, but 9/14 seems aggressive to have all program elements developed enough for a comprehensive roll-out.

Statistic Value Min Value 1 Max Value 6 Total Responses 20

5. Point 4 of JC Proposal: The Committee will compose a thoughtful, plain language rationale that explains the health, environmental, social and ethical reasons for the new policy, to be used as a basis for a university-wide education campaign, and in all admission literature, social media, etc.

# Answer

Response %

1 I strongly agree with this point.

17 85%

2 I somewhat agree with this point.

3 15%

3 I am neutral on this point.

0 0%

4 I somewhat disagree with this point.

0 0%

5 I strongly disagree with this point.

0 0%

6 Please clarify your answer (if

3 15%

14

applicable):

Please clarify your answer (if applicable): If we're going to propose this, we certainly do need to include an "education" component. I favor publicizing our rationale, but I think we will have to be careful not to seem patronizing. While I "strongly agree" I think it will be important not to seem patronizing.

Statistic Value Min Value 1 Max Value 6 Total Responses 20

6. Point 5 of JC Proposal: The Committee will work with Human Resources on a joint campaign aimed at university employees to promote the cessation of smoking through education, incentives, counseling, etc. And it will work with our Health Professionals school and other parts of the university to develop a program to assist students who have a desire to stop smoking.

# Answer

Response %

1 I strongly agree with this point.

16 80%

2 I somewhat agree with this point.

4 20%

3 I am neutral on this point.

0 0%

4 I somewhat disagree with this point.

0 0%

5 I strongly disagree with this point.

0 0%

6 Please clarify your answer (if applicable):

0 0%

Please clarify your answer (if applicable):

Statistic Value Min Value 1 Max Value 2 Total Responses 20