The De Anza College police have received reports of people smoking cigarettes in smoke-free areas on campus, but cannot cite policy violators by law.

De Anza student Christina Leiwes said that she often sees smokers in the smoke-free area by the Child Development Center.

“I’m pregnant and my four-year-old son has asthma,” said Leiwes. “The smoke is going over the fence and into the children’s playground. It’s not fair to the kids.”

Health Educator Mary-Jo Lomax said that the college is aware of students violating the non-smoking policy.”We are taking action,” she said. “We know we have a lack of enforcement and are having a meeting to see what we can do about this situation.”

According to Lomax, the college cannot legally address the problem because the college has a non-smoking policy, not a non-smoking city ordinance banning smoking on campus. “It is a policy, not a law,” she said.

The non-smoking policy changed three years ago. “It is not the police department’s responsibility, because it is not a law,” said Lomax. “We are going to increase our efforts.”

Policy documentation states that the district’s non-smoking policy “relies on the consideration and cooperation of smokers and non-smokers.”

“It is up to faculty, staff and students to self regulate smoking, along with the police department to inform smokers where they are allowed to smoke,” said Foothill-De Anza Chief of Police Ron Levine.

According to Levine, smokers who violate the college’s policy first receive a warning, then a referral to the Office of Student Affairs for possible discipline proceedings.

Leiwes said that she has witnessed several cases of students smoking in Parking Lot D, near the Child Development Center. “I park [there] because it’s supposed to be restricted to non-smokers,” she said.

Levine said that the police department does not patrol specifically for smoking violations.

“The district’s smoking policy does not allow us to issue a criminal citation for smoking,” he said.

De Anza’s policy states that smoking is prohibited on campus. Students may smoke in Student Lots A, B and C (except the Stelling parking structure), Staff Lots A and J, the north section of Parking Lot E, and the top floor of the Flint Center parking structure.

“The Board of Trustees cannot enact an ordinance that allows us to cite violators,” said Levine. “Cities can enact a law, but the college district cannot.”