Another Ban Failed: ND Schools and University Campuses

North Dakota School updates…

Smoking ban fails
John Odermann
The Dickinson Press
March 19, 2009
A resolution that would have banned tobacco on all North Dakota state university campuses failed to get a second motion at the State Board of Higher Education meeting held Thursday in Bismarck.
The decision as to whether or not all tobacco, including smokeless, would be banned from college campuses should be left up to individual campuses the board determined.
“I think there was a very good discussion,” said board member and Dickinson resident Pam Kostelecky. “Some of the board members felt it should be up to the individual institution to make up the policy. There was also discussion about health issues, so it was a very thorough discussion.”
The nine-member board sets policy for all the universities in the North Dakota University System.
William Goetz, chancellor of the NDUS, said campuses have been addressing the issue for some time already and he believes it will work itself out in time.
“Much of this issue has been student generated, it’s a health issue and as a society we’re moving more and more into the direction towards this concern relative to the use of tobacco products,” Goetz said. “I think campuses will pretty much take care of this on their own.”
The University of North Dakota in Grand Forks and Minot State University each have tobacco bans currently in place and other universities have considered them in the past.
Haylee Cripe, a UND student and student representative on the higher board of education, said she personally likes the ban on her campus but understands how it is an emotional topic.
“I know there are a lot of students that enjoy it and I think there are some students that see it more as a violation of their rights. So you have to tread lightly with that,” Cripe said.
“Like Williston has its own niche in the system and they have a different environment than say NDSU does.”
Hal Haynes, the Vice President of Student Development at Dickinson State University, said DSU’s Student Senate considered a campus-wide ban in 2007, but determined they should see what the NDUS decided.
Haynes said DSU has a smoking ban in all of its campus buildings and added he supported the resolution in concept in an interview prior to the board’s Thursday meeting.
“In the interest of student health and community health and safety I’m a staunch supporter of this move,” Haynes said. “I think going tobacco free is indeed in the right direction towards ensuring an environment that is conducive to learning without compromising anyone’s health.”


December 29, 2004
KFYR TV

????? A HIGH SCHOOL MAY NOT BE ABLE TO PUNISH A
STUDENT FOR SMOKING — IF THE STUDENT IS AT LEAST 18 YEARS OLD, AND SMOKING OFF SCHOOL GROUNDS.
ATTORNEY GENERAL WAYNE STENEHJEM ISSUED HIS LEGAL OPINION TODAY.
IT GOES BACK TO A DISPUTE BACK IN APRIL, WHEN A HILLSBORO HIGH SCHOOL STUDENT WAS BANNED FROM HER SENIOR PROM.
STENEHJEM SAYS LEONA FITZPATRICK’S SMOKING WAS LEGAL AND DIDN’T DISRUPT THE EDUCATIONAL PROCESS.
HE SAYS THE SCHOOL BOARD’S ACTION TO KEEP HER AWAY FROM THE DANCE WAS UNREASONABLE.
STENEHJEM SAYS A SMOKING BAN COULD BE APPLIED TO MEMBERS OF HIGH SCHOOL SPORTS TEAMS, BECAUSE THEY ARE “ROLE MODELS” FOR THE SCHOOL.
BUT HE SAYS FITZPATRICK WASN’T ON A TEAM, AND SHE WASN’T REPRESENTING THE SCHOOL.
http://www.kfyrtv.com/showNews.asp?whatStory=3406


TOBACCO RULES: Some school officials disappointed in attorney general’s opinion

Jan. 01, 2005
MINOT – Some school officials are disappointed in Attorney General Wayne Stenehjem’s opinion about enforcing tobacco rules off school grounds for students who are 18 or older.

Stenehjem said Monday that Hillsboro’s school board was wrong to bar an 18-year-old student from attending her high school senior prom for smoking outside school grounds.

“It makes it real difficult to deal with kids when you are forced to be inconsistent,” said Minot school activities director Pat McNally. “A 17-year old has to follow these rules. Just because a kid turns 18, he doesn’t have to …”

Surrey High School Principal Paul Trautwein said schools are trying to create a healthy environment for their students.

“When the strengths of our policies are weakened by decisions such as this, how are we going to be able to hold these kids to any accountability?” he said. “I understand it’s their right as an adult but still, they are participating in an environment which requires nonsmoking, nondrinking.”

Garrison Superintendent Steve Brannan said he was not surprised by the opinion. He said most schools will take another look at their policies.

“I don’t think its going to create any problems or new loopholes,” he said.

Stenehjem’s opinion did not say whether members of high school sports teams would be exempt from discipline if they were caught using tobacco, and he declined to speculate about its effect in other cases.

“There is support for the view that people who are engaged in extracurricular activities, like sports, are representatives of the school, and the schools have a little bit more discretion and authority,” he said.
http://www.grandforks.com/mld/grandforks/news/10541675.htm

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