Policy 6.8 - Campus Tobacco Policy

Policy 6.8 - Campus Tobacco and Ceremonial Use of Sacred Plants Policy

BLACK HILLS STATE UNIVERSITY

Policy and Procedures Manual

SUBJECT: Campus Tobacco and Ceremonial Use of Sacred Plants Policy

NUMBER: 6:8

Office: Facilities Services

Source: SDCL 34-36; SDBOR Policy 4.29; American Indian Religious Freedom Act (42 U.S.C. 1996 and 1996a)

Purpose

This policy and its procedures set forth the University’s protocols related to tobacco, smoking, vapor products, and ceremonial use of sacred plants on University property to provide a safe and healthy learning and working environment for students, faculty, staff, visitors and community members while respecting cultural and religious practices protected under state and federal law. This policy applies to all Black Hills State University locations, including Spearfish and Rapid City.

Definitions

  1. Smoking: any substance, item, or device, in any form, that emits smoke from tobacco, electronic cigarettes, and any similar substance. 
  2. Tobacco: any substance, item, or device, in any form, containing tobacco including but not limited to cigarettes, cigars, and chewing tobacco.
  3. Vapor Product: any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
  4. Ceremonial Burning: The controlled burning of traditional materials such as sage, sweetgrass, cedar, or tobacco used in cultural or religious rituals, ceremonies, or practices, including those protected under the American Indian Religious Freedom Act (42 U.S.C. 1996 and 1996a). This does not include recreational or personal use of tobacco, smoking, or vapor products as defined in this policy.
  5. Ceremonial Burning: The controlled burning of traditional materials such as sage, sweetgrass, cedar, or tobacco used in cultural or religious rituals, ceremonies, or practices, including those protected under the American Indian Religious Freedom Act (42 U.S.C. 1996 and 1996a). This does not include recreational or personal use of tobacco, smoking, or vapor products as defined in this policy.
  6. University Property: includes, but is not limited to athletic fields, facilities, vehicles, parking lots, and any other indoor and outdoor areas under the control of the University, whether owned or leased, including BHSU-Rapid City.

Policy

  1. BHSU has been Smoke & Tobacco Free since August 1, 2014. This policy was put in place to protect and promote the health and comfort of our students, employees, and visitors.
  2. This policy applies to university students, faculty, staff, visitors, vendors, contractors, invited guests, and community members and to all University property, regardless of location.
  3. Smoking and the use of tobacco products and vapor products of any kind is prohibited in all areas of all BHSU campus locations whether enclosed or open air including but not limited to, all offices, classrooms, hallways, community areas, performance venues, residential spaces, parking lots, campus green, and sidewalks.
  4. Smoking, tobacco, and e-cigarettes use will only be allowed inside personal vehicles parked in on-campus parking lots.
  5. Marijuana is illegal for all recreation purposes in South Dakota and possession of any amount is a criminal offense. Possession, use, manufacture, or distribution is prohibited on all university property.
  6. Ceremonial Use Exceptions:
    1. Ceremonial use of sacred plants and other specific activities connected with the cultural or religious practices of American Indians are exempt from this policy when approved and conducted in accordance with university procedures.
    2. Approved ceremonial activities may include:
      1. Smudging ceremonies.
      2. Pipe ceremonies.
      3. Cultural gatherings or educational events.
      4. Other recognized spiritual or cultural practices involving sacred plants.
    3. Ceremonial use may be approved in: 
      1. Designated cultural rooms or gathering spaces.
      2. Classrooms or meeting rooms with adequate ventilation.
      3. Outdoor areas adjacent to university buildings.
      4. BHSU-RC shared spaces and SDSU Native American Nursing   Education Center (NANEC) areas when coordinated appropriately.
      5. Spaces with sensitive fire suppression systems may require relocation.
    4. Approval Process for Ceremonial Use:
      1. Requests may be submitted by students, faculty, staff and community members invited for cultural purposes.
      2. Requests for ceremonial use shall be submitted at least 48 hours in advance. Extenuating circumstances such as death of a loved one may be exempted from the 48-hour notification; however, the request shall be made as soon as possible for building safety and preparations.
      3. Requests should include:
        1. Purpose of ceremony
        2. Sacred plants to be used
        3. Date, time, and duration
        4. Preferred location
        5. Whether the ceremony is affiliated with SDSU NANEC
        6. Expected number of participants
      4. Review and Coordination 
        1. For the Spearfish campus, requests must be submitted to the Vice President for Finance and Administration.
        2. For BHSU-RC, requests must be submitted to the Vice President for Continuing Education and Workforce Development.
        3. The reviewing office will coordinate, as appropriate, with:
          1. Associate Vice President of Facilities
          2. Facilities staff
          3. Custodial staff
          4. SDSU NANEC leadership, if applicable
        4. Notification and Safety Requirements: to respect the health needs  of others and reduce confusion regarding smoke odors:
          1. A brief notice may be posted outside the approved space during the ceremony.
          2. Adjacent offices or classrooms may receive notification.
          3. No personal medical information will be disclosed.
          4. Participants must follow all safety instructions provided by university staff.
          5. Sacred plants and ceremonial materials must be properly extinguished after use.
          6. Spaces must be left clean and free of debris. 

Procedures

  1. All staff, faculty, students, visitors, vendors, and other individuals on university property who violate this policy shall be reminded of the policy and asked to comply immediately.
  2. Enforcement relies on the thoughtfulness, consideration, and cooperation of all faculty, staff, and students to comply with this policy and encourage others to do so, fostering a clean, safe, and healthy environment for work, study, and living.
  3. Students: Non-compliant students should be reported to the Dean of Students, or designee, who will address the violation, provide information on state tobacco cessation resources, and pursue disciplinary action for continued violations in accordance with the Student Conduct Code.
  4. Employees: Non-compliant employees should be reported to their immediate supervisor, who will address the violation. Continued violations will result in disciplinary action consistent with the employee’s status at the University.
  5. Ceremonial Noncompliance: Failure to follow approved ceremonial procedures may result in:
    1. Fire alarm activation and building evacuation.
    2. Temporary suspension of ceremonial privileges.
    3. Review under applicable student or employee conduct processes.
  6. Cessation Support: Students and employees seeking to quit will be referred to state-provided services, including the Employee Assistance Program and the SD Quitline at 1-866-SD-QUITS. Additional information is available at www.sdquitline.com.

Responsible Administrator

The Associate Vice President of Facilities Services, or designee, is responsible for the ad hoc and annual review of this policy and its procedures. For BHSU-RC ceremonial use coordination, the Vice President for Continuing Education and Workforce Development will assist with implementation and coordination. The University President is responsible for approval of this policy

Source and Revision History

Adopted by President 10/11/2021; Revised 2026.10.15