Compliance

The goal of the University is to achieve voluntary compliance with this policy.

The University is engaged in extensive educational efforts to make students and employees fully aware of the rationale for this policy and the importance of compliance. 

We will also rely on all members of the campus community to engage with each other and encourage compliance. 

In instances where voluntary compliance is not successful, students and employees will be subject to disciplinary action through the established procedures for violations of University policies.

 

Discipline for Employee Violators

A supervisor who observes or is informed of a first-time violation of the tobacco-free policy by a faculty or staff member in his/her unit should follow this protocol:

  1. Remind the violator that, by policy, the campus is now tobacco-free.  Note that the policy does not permit exceptions.  Tell the violator that you will send him/her an e-mail with a link to the policy (http://www.umass.edu/tobaccofree/policy).  For staff members without regular access to e-mail, you may provide a paper copy of the policy.
  2. Send the e-mail with link (or paper copy for those without e-mail access) on the same day of the violation if at all possible.  Retain the e-mail but do not at this point print the sent e-mail or in any way associate the e-mail with the employee’s personnel file.  You may create an e-mail folder named "Tobacco Policy" or something similar but not with the employee’s name.
  3. Make a note of the violation, including the name of the employee, the date and location of the violation, and the basics of the conversation.  Again, do not associate such a note with employee's personnel file.

Ongoing or flagrant violations of the policy will elicit disciplinary action.  For employees covered by a collective bargaining agreement, discipline for infractions of the tobacco-free policy will be administered pursuant to the appropriate language in the applicable collective bargaining agreement. For those employees who are  non-unit, discipline will be administered as outlined in the applicable handbook.  

A supervisor who observes or is informed of a second violation by the same individual should contact Don Teres if the violator is a staff member (dteres@admin.umass.edu or 545-1821) or Associate Provost John Bryan if the violator is a faculty member (johnbryan@provost.umass.edu or 545-2870) for guidance on seeking informal resolution before proceeding with any disciplinary action.

Here are the most critical points for supervisors:

  • The response to first-time violations should be low-key and informational, not disciplinary.
  • The supervisor should document a first-time violation but not associate such documentation with any personnel file.
  • Before proceeding with any disciplinary action, the supervisor should consult with the university's contract administrator or HR representative, named above.