SB 347 — Revises provisions governing sexual misconduct in institutions of the Nevada System of Higher Education. (BDR 34-237)

(NRS 396.540) Section 27.05 of this bill prohibits the Board of Regents from fixing tuition charges against:

(1) students whose parent, legal guardian or spouse was stationed at a military installation associated with Nevada on the date the student is admitted to a university, state college or community of whether the student or the student’s family is a bona fide resident.e, regardless Existing law sets forth various requirements to obtain a scholarship or grant under the Governor Guinn Millennium Scholarship Program, the Silver State Opportunity Grant Program or the Nevada Promise Scholarship Program.

(NRS 396.930, 396.952, 396.956, 396.9665) Section 27.5 of this bill removes a requirement to certify that the applicant is a citizen of or legal immigrant to the United States to receive a Millennium Scholarship.

Sections 27.93 and 27.95 of this bill remove requirements to complete the Free Application for Federal Student Aid to receive a Silver State Opportunity Grant in certain circumstances.

Sections 27.93 and 27.97 of this bill provide that a student may be eligible for a Silver State Opportunity Grant or a Nevada Promise Scholarship if the student graduated from a high school located in this State, regardless of whether the student is a bona fide resident.

Nevada Promise Scholarship Program first to students who complete the Freeunder the Application for Federal Student Aid and then, if there is money remaining for additional distributions, to students who are prohibited by federal law from completing the Free Application for Federal Student Aid.

(NRS 396.968) Section 37.99 of this bill removes this requirement.

Under existing federal law, a state may provide a qualified tuition program to help families pay for college education.

(26 U.S.C.

§ 529) Existing state law establishes the Nevada Higher Education Prepaid Tuition Program and the Nevada College Savings Program.

(NRS 353B.010-353B.190, 353B.300-353B.370) Section 28.7 of this bill prohibits a prepaid tuition program or college savings program from excluding a person or his or her family from participating in such a program based solely on the citizenship or immigration status of the person or his or her family.

- 81st Session (2021) – 4 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

“Course“Complainant” of conduct” means a patternstudent of two or moreemployee actsof thatan mayinstitution include,within withoutthe limitation,System following,who monitoring,is observing,alleged surveilling, threatening or communicating to orbe aboutthe avictim personof orconduct interferingthat withcould aconstitute person’ssexual property,misconduct. whether through direct or indirect, implicit or explicit, verbal or nonverbal or in-person or via virtual or electronic means.

- *SB347_R1* – 4 – Sec.

2.5.

“Dating violence” has the meaning ascribed to it in 34 U.S.C.

§ 12291(a).

The term includes, without limitation, physical or sexual violence, emotional abuse, interfering with the victim’s ability to secure a job or save money, violence or a threat of violence toward the victim’s child, family, friends, pets or property, threat of suicide by the perpetrator or a threat by the perpetrator to report the victim to police, immigration officials, child protective services or a mental health facility.

2.5.

“Dating violence” has the meaning ascribed to it in Sec.

“Domestic violence” has the meaning ascribed to it in 34 U.S.C.

“Reporting party” means a studentperson or employee of an institution within the System who reports being a victim of an alleged incident of sexual misconduct to the institution.

“Responding“Respondent” party” means a studentperson or employee of an institution within the System who has been accusedreported ofto committingbe anthe allegedperpetrator incident of sexualconduct misconductthat bycould aconstitute reportingsexual party.misconduct.

2.and conduct of a sexual nature or evincing gender bias:avors (a) That, in the educational environment, is made a term or condition of a student’s academic status or, based on an objective - 81st Session (2021) – 5 – standard, is sufficiently severe, persistent or pervasive that it interferes with, limits or effectively denies a student the ability to participate in or benefit from the services, activities or opportunities offered by an institution within the System.

Unwelcomesexual advances, requests for sexual favors or conduct determinedis byused as a reasonablebasis personfor decisions or evaluations related to beacademics or employment or permission to participate in a service, activity or opportunity offered by an institution within the System or that, based on an objective standard, is sufficiently severe, pervasivepersistent andor objectivelypervasive offensive that it effectivelycreates deniesan aintimidating, personhostile equalor accessabusive towork theenvironment educationwhich programsmay or activitiesmay ofnot aninterfere institutionwith withinan theemployee’s System.job performance.

“Sexual misconduct” means sexual violence, dating violence, domestic violence, gender-based violence, stalking,gender-based harassmentharassment, or violence based on sexual orientation,orientation or gender identity or expression, sexual assault, sexual harassment, sexual exploitation, stalking or otherindecent gender-basedexposure. harassment or violence.

- *SB347_R1* – 5 – Sec.

9.

“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1.

Fear for his or her safety or the safety of others;

or 2.

Suffer substantial emotional distress.

10.9.

“Supportive“Stalking” measures” has the meaning ascribed to it in 34 C.F.R.

9.5.

“Student” includes, without limitation, a former student of an institution within the System who took a leave of absence or withdrew from the institution due to being a complainant or respondent.

Sec.

10.

“Supportive measures” has the meaning ascribed to it Sec.

Perpetrator methodology;

2.

Conducting an effective investigation;

3.

and 2.4.

There is hereby created the Task Force on Sexual Misconduct at Institutions of Higher Education consisting of 1912 members as follows:

(a) The ChairChancellor of the BoardSystem, of Regents, or his or her designee;

(b) The ChancellorChief General Counsel of the System, or his or her designee;

and - 81st Session (2021) – 6 – (c) TheTen Attorneymembers General,appointed orby histhe orBoard herof designee;Regents as follows:

(d) Twelve members appointed by the Board of Regents as follows:

(3) One representative of a university;

(5) TwoOne studentsstudent, appointed in consultation with a student government association, who representrepresents a group or organization that focuses on multiculturalism, diversity or advocacy at a state college or community college;

(6) TwoOne studentsstudent, appointed in consultation with a student government association, who representrepresents a group or organization that focuses on multiculturalism, diversity or advocacy at a university;

and (10) One mentalperson healthwho professionalserves fromas thea Universityvictim’s ofadvocate, Nevada,as Lasdefined Vegas,in SchoolNRS of49.2545, Medicineat oran theinstitution Universitywithin ofthe Nevada,System. Reno, School of Medicine;

- *SB347_R1* – 6 – (e) One representative of the Nevada Coalition to End Domestic and Sexual Violence, or its successor organization, appointed by the Attorney General;

(f) One representative of an organization supporting the rights of victims of crime, appointed by the Attorney General;

(g) One representative of a nonprofit organization or agency dedicated to addressing domestic violence or sexual assault, appointed by the Attorney General;

and (h) One representative of the Every Voice Coalition, or a successor organization dedicated to student and survivor advocacy appointed by the Attorney General.

After the initial terms, each appointed member of the Task Force serves a term of 2 years and may be reappointed to one additionalmust 2-yearbe termfilled followingin histhe orsame hermanner initialas term.the original appointment.cancy 3.

A vacancy must be filled in the same manner as the original appointment.

3.

Members of the Task Force serve without compensation, except that for each day or portion of a day during which a member of the Task Force attends a meeting of the Task Force or is otherwise engaged in the business of the Task Force, and within the limits of available money, the member is entitled to receive the - 81st Session (2021) – 7 – per diem allowance and travel expenses provided for state officers and employees generally.

Each member of the Task Force who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of thethetion Task Force and perform any work necessary to carry out the duties of the Task Force in the most timely manner practicable.

8.

The Office of the Attorney General shall provide administrative support to the Task Force.

12.5.

1.

The Task Force on Sexual Misconduct at Institutions of Higher Education created by section 12 of this act shall:

(a) Review the results of any climate survey on sexual misconduct administered at an institution within the System;

and (b) Each year, hold a meeting open to the public to provide recommendations to the Board of Regents on how to address sexual misconduct at institutions within the System.

2.

A meeting held pursuant to subsection 1 is not subject to the provisions of chapter 241 of NRS.

Sec.

To the extent that money is available, the Board of Regents may appoint researchers employed at one or more - *SB347_R1* – 7 – institutions within the System to develop a climate survey on sexual misconduct designed to be administered at institutions withinwit(a) Gather institution-specific data regarding the System.prevalence of gender-based harassment and discrimination;

The climate survey on sexual misconduct must:

(a) Provide institution-specific data regarding the prevalence of gender-based harassment and discrimination;

(c) ReviewConsult climatewith surveysa onstudent sexualgovernment misconductassociation; which have been developed and implemented by institutions of higher education, including, without limitation, institutions in other states;

(d) ProvideReview opportunityclimate forsurveys writtenon commentsexual frommisconduct organizationswhich thathave assistbeen victimsdeveloped ofand sexualimplemented misconductby toinstitutions ensureof thehigher adequacy- and81st appropriatenessSession of(2021) any– proposed8 content– ofeducation, theincluding, climatewithout surveylimitation, oninstitutions sexualin misconduct;other states;

(e) Provide opportunity for written comment from organizations that assist victims of sexual misconduct to ensure climate survey on sexual misconduct;any proposed content of the (f) Consult with institutions within the System on strategies for optimizing the effectiveness of the climate survey on sexual misconduct;

and (f)(g) Account for the diverse needs and differences of the institutions within the System.

(e) Whether a student reported an alleged incident of sexual misconductmiscon(1) and:If the incident was reported, to which campus resource or law enforcement agency a report was made;

- *SB347_R1* – 8 – (1) If the incident was reported, to which campus resource or law enforcement agency a report was made;

- 81st Session (2021) – 9 – (h) Demographic information that could be used to identify at- risk groups, including, without limitation, the gender, racerace, ethnicity, national origin, economic status, disability, gender identity or expression, immigration status and sexual orientation of the(i) studentPerceptions takinga thestudent climatehas surveyof oncampus sexualsafety; misconduct;

(i)misconduct; Perceptions a student has of campus safety;

(k) Whether a student chose to withdraw or take a leave of absence from the institution or transfer to another institution because the student is the reportingcomplainant party or respondingrespondent party in an alleged incident of sexual misconduct;

(m) Whether a student experienced any financial impact as a result of an alleged incident of sexual misconduct or the response of an institution within the System to the alleged incident of sexual misconduct;

(n) Whether a student experienced any negative health impacts as a result of an alleged incident of sexual misconduct or the response of an institution within the System to the alleged incident of sexual misconduct, including, without limitation, post-post-traumatic traumatic stress disorder, anxiety, depression, chronic pain or an eating disorder;

and - *SB347_R1* – 9 – (p) Any other questions as determined necessary by the researchers.res4.rcThe climate survey on sexual misconduct must provide an option for students to decline to answer a question.

4.

The climate survey on sexual misconduct must provide an option for students to decline to answer a question.

A climate survey on sexual misconduct conducted pursuant to subsection 1 must include the questions developed by researchers employed at an institution within the System pursuant to section 13 of this act.

If an institution within the System includes additional questions on a climate survey on sexual misconduct pursuant to subsection 1, the questions must not be - 81st Session (2021) – 10 – sexual misconduct.matizing for a victim of an alleged incident of 3.

(b) Not require the disclosure of personally identifyingidentifiable information by a participant in the climate survey on sexual misconduct;

and (2) Submit the summary of responses to the Board of Regents;Reg(e) Post on the Internet website maintained by the institution in a manner that does not disclose personally identifiable information of any person, the summary of the responses to the climate survey on sexual misconduct.

and (e) Post on the Internet website maintained by the institution in a manner that does not disclose the identity of a student:

(1) The summary of the responses to the climate survey on sexual misconduct;

and (2) A link to the summary of the responses to the climate survey on sexual misconduct on the Internet website maintained by the Board of Regents.

3.

A climate survey on sexual misconduct must be administered electronically by an institution within the System and provide reasonable accommodations for students with a disability.

AnA institutionclimate withinsurvey theon Systemsexual maymisconduct obtainmust abe waiveradministered fromelectronically theby Boardan ofinstitution Regentswithin tothe notSystem administerand aprovide climatereasonable surveyaccommodations onfor sexualstudents misconductwith pursuanta todisability. this section due to the financial circumstances of the institution.

An institution within the System may obtain a waiver from the Board of Regents to not administer a climate survey on sexual misconduct pursuant to this section due to the financial circumstances of the institution.

6.

-7. *SB347_R1* – 10 – 6.

Any data or reports that underlineunderlie the summaries generated pursuant to subsection 2 are confidential and are not a public record for the purposes of chapter 239 of NRS.NRS.are not a public Sec.

Sec.

(a) Provide a copy of the questions developed by the researchers employed at an institution within the System pursuant to section 13 of this act to each institution within a reasonable - 81st Session (2021) – 11 – time after the Board of Regents receives the questions from the researchers;

(b) Establish a repository for the summaries of the climate survey on sexual misconduct submitted by each institution pur(c) Post each summary of the responses to a climate survey on sexual misconduct submitted by an institution pursuant to section 14 of this act;act on the Internet website maintained by the Board of Regents in a manner that does not disclose personally identifiable information of any person;

(c) Post each summary of the responses to a climate survey on sexual misconduct submitted by an institution pursuant to section 14 of this act on the Internet website maintained by the Board of Regents in a manner that does not disclose the identity of a student;

Any data or reports that underlineunderlie the summaries generated pursuant to subsection 1 are confidential and are not a public record for the purposes of chapter 239 of NRS.

The Board of Regents may require an institution within the System toto: require employees who participate in the grievance process of the institution pursuant to Title IX of the Education Amendments Act of 1972, 20 U.S.C.

§§1. 1681 et seq., or a policy on sexual misconduct adopted pursuant to section 17 of this act to receive annual training on topics related to sexual misconduct which may include, without limitation, any training required pursuant to section 23 of this act.

Require employees who participate in the grievance process of the institution pursuant to Title IX of the Education Amendments Act of 1972, 20 U.S.C.

§§ 1681 et seq., or a policy on sexual misconduct adopted pursuant to section 17 of this act to which may include, without limitation, any training requiredct pursuant to section 23 of this act;

2.

Provide a complainant and respondent with a copy of the policies of the institution regarding the submission and consideration of evidence that may be considered during the grievance process;

3.

Except as otherwise required by federal law, within 14 business days after the conclusion of the grievance process, inform the complainant and the respondent of the result of the grievance process;

and 4.

Unless otherwise required by state or federal law, not publicly disclose the identity of a complainant or respondent.

- 81st Session (2021) – 12 – 2.

- *SB347_R1* – 11 – (a) Shall:

(1)(2) IncorporateCoordinate awith:auma-informed trauma-informed response;

(2) Coordinate with:

and (II) If an institution has entered into a memorandum of understanding pursuant to section 19 of this act, the organization that assists victimspersons ofinvolved in sexual misconduct;

(3) AAn confidentialadvocate resource advisor designated pursuant to section 20 of this act;

(6) LawA enforcementprovider agencies,of including,health withoutcare; limitation, campus police or security;

and (7) TheLaw districtenforcement attorneyagencies, ofincluding, thewithout countylimitation, where the main campus ofpolice theor institutionsecurity; is located.

3.and (8) The district attorney of the county where the main campus of the institution is located.

If the Board of Regents requires the adoption of a policy on sexual misconduct pursuant to subsection 1, an institutioninstitutionlicy within the System shall provide:

- 81st Session (2021) – 13 – 5.

(a) Upon request, to a prospective student, current student or employee of the institution;

andandctive -student, *SB347_R1*current –student 12or – (b) On the Internet website maintained by the institution.

6.

As used in this section, “student” includes, without limitation, a former student of the institution who took a leave of absence or withdrew from the institution due to being a reporting party of an alleged incident of sexual misconduct.

A policy on sexual misconduct adopted pursuant to section 17 of this act must include, without limitation, information on:

IfThe theprocedures Boardby ofwhich Regentsa requiresstudent theor adoptionemployee ofat aan policyinstitution onwithin sexualthe misconductSystem pursuantmay toreport sectionor 17disclose an alleged incident of thissexual act,misconduct thethat policyoccurred muston include,or withoutoff limitation,a informationcampus on:of the institution;

(a) The procedures by which a student or employee at an institution within the System may report or disclose an alleged incident of sexual misconduct that occurred on or off a campus of the institution;

(b) Obtaining emergency medical assistance after an alleged incident of sexual misconduct, including, without limitation:

(1) The name and location of the nearest medical facility where a student or employee may receive a forensic medical examination;

(2) Options for transportation and reimbursement for travel costs associated with obtaining a forensic medical examination;

(3) The telephone number and Internet website for a national 24-hour hotline and any other state or local resources that provide information on sexual misconduct;

and (4) Any programs that may provide financial assistance to a student for the cost of obtaining emergency medical assistance;

(c) The types of counseling and health, safety, academic and other support services available within the local community or through an organization that assists victims of sexual misconduct, including, without limitation, the contact information for any relevant providers of support services;

(d) The name, contact information and a description of the role of and services provided by:

(1) A confidential resource advisor designated by the institution pursuant to section 20 of this act;

(2) The Title IX coordinator of the institution;

(3) An organization that supports persons accused of sexual misconduct;

and (4) An organization that assists victims of sexual misconduct;

(e) The rights or obligations of a student or employee to:

(1) Notify or decline to notify a law enforcement agency of an alleged incident of sexual misconduct;

(2) Receive assistance from the appropriate personnel on a campus of the institution in notifying a law enforcement agency of an alleged incident of sexual misconduct;

- *SB347_R1* – 13 – (3) Obtain an order for protection, restraining order or injunction issued by a court;

or (4) Obtain an agreement between the reporting party and responding party to restrict contact;

(f) Procedures for a student or employee to notify an institution that an order for protection, restraining order or injunction has been issued under state or federal law;

(g) The responsibilities of the institution upon receipt of the notice of an order for protection, restraining order or injunction;

(h) Supportive measures, including, without limitation:

(1) Changing academic, living, campus transportation or work arrangements;

(2) Taking a leave of absence from the institution in response to an alleged incident of sexual misconduct;

(3) How to request supportive measures;

and (4) The process to have any supportive measures reviewed by the institution;

(i) Appropriate local, state and federal law enforcement agencies, including, without limitation, the contact information for a law enforcement agency;

and (j) The grievance process of the institution for investigating and resolving a report of an alleged incident of sexual misconduct pursuant to Title IX of the Education Amendments Act of 1972, 20 U.S.C.

§§ 1681 et seq., the policy on sexual misconduct adopted pursuant to section 17 of this act and, if required by the Board of Regents, the requirements of section 16 of this act.

AsSupportive usedmeasures, inincluding, thiswithout section:limitation:

(a) “ForensicChanging medicalacademic, examination”living, hascampus thetransportation meaningor ascribedwork toarrangements; it in NRS 217.300.

(b) “Student”Taking includes, without limitation, a former student of the institution who took a leave of absence or withdrew from the institution becausein theresponse studentto was a reporting party of an alleged incident of sexual misconduct.misconduct;

Sec.(c) How to request supportive measures;

18.3.and (d) The process to have any supportive measures reviewed by the institution;

1.

The grievance process of an institution within the System relating to reports of an alleged incident of sexual misconduct must require the institution to, without limitation:

(a) Uniformly apply the grievance process to all proceedings relating to reports of an alleged incident of sexual misconduct.

(b) Provide timely and detailed notice to the reporting party and the responding party at the time the institution decides to proceed with any proceeding of the grievance process.

The notice must describe:

(1) The date, time and location of the proceeding of the grievance process, if known;

and - *SB347_R1* – 14 – (2) A summary of the factual allegations concerning the alleged incident of sexual misconduct.

(c) Authorize the reporting party and the responding party to be accompanied by or consult with an advisor or a support person of their choice, including, without limitation, a confidential resource advisor designated pursuant to section 20 of this act or an attorney, during a meeting with an investigator or fact finder of the institution or any other proceeding of the grievance process.

An institution may establish guidelines on the extent to which an advisor or support person may participate in a meeting or other proceeding of the grievance process, which must apply equally to both the reporting party and the responding party.

(d) Provide the reporting party and responding party with a copy of the policies of the institution regarding the submission and consideration of evidence that may be considered during the grievance process.

(e) Provide an equal opportunity to the reporting party and the responding party to present evidence and witnesses on their behalf during a proceeding of the grievance process.

A reporting party and responding party must be provided with timely and equal access to all relevant evidence that will be used in a determination of the proceeding.

(f) Inform students on restrictions on evidence that can be considered by the fact finder of the institution, including, without limitation, restrictions on the use of evidence of previous sexual activity of either party or the use of character witnesses.

(g) Inform the reporting party and the responding party of:

(1) The results of a proceeding of the grievance process not later than 7 business days after a determination has been made;

(2) The right of both the reporting party and the responding party to appeal a determination where:

(I) There are procedural errors;

(II) Previously unavailable relevant evidence that could significantly impact the outcome of a case is discovered;

or (III) The sanction is disproportionate to the findings;

(3) The process for appealing a determination;

and (4) That the reporting party and the responding party have an equal opportunity to appeal a determination regarding a finding of responsibility or the imposition of sanctions in accordance with the appeals process of the institution;

and (h) Unless otherwise required by state or federal law, not disclose the identity of a reporting party or responding party, including, without limitation, an address, job location, telephone number, electronic mail address or other contact information or - *SB347_R1* – 15 – information that may disclose the location of a party to the other party.

2.

If the Board of Regents requires the adoption of a policy on sexual misconduct pursuant to section 17 of this act, the policy must contain clear statements of the information described in subsection 1 and a statement that the grievance process of the institution is not a substitute for the system of criminal justice.

Sec.

18.5.

1.

To the extent practicable, the Board of Regents may require an institution within the System to enter into a memorandum of understanding with a local law enforcement agency of the jurisdiction in which the main campus of the institution is located to establish the respective roles and responsibilities of the institution and the law enforcement agency relating to the prevention of and response to alleged incidents of sexual misconduct on-campus and off-campus.

Such a memorandum of understanding must, without limitation:

(a) Establish the jurisdiction of the local law enforcement agency based on criteria, including, without limitation, the location and type of an alleged incident of sexual misconduct;

(b) Provide for a cross-jurisdictional or multi-jurisdictional response or investigation, as appropriate, including, without limitation:

(1) Developing standards for measures for notification and communication to promote the preservation of evidence;

(2) Coordinating training, programming and standards on issues relating to sexual misconduct;

and (3) Ensuring that reporting parties are able to move safely and comfortably between classes, extracurricular activities and campus jobs;

and (c) In accordance with state and federal law, establish protocols for the release of relevant documentation and information relating to an alleged incident of sexual misconduct to the law enforcement agency during an investigation conducted by the institution or the law enforcement agency in investigations where a student or employee of the institution consents to the release and is fully informed of the consequences of releasing such documentation or information;

(d) Establish methods for sharing information, as appropriate relating to the reporting requirements of the Clery Act, 20 U.S.C.

§ 1092, and facilitating the issuance of timely warnings and emergency notifications required by the Clery Act, 20 U.S.C.

§ 1092;

and (e) Include methods for notifying a district attorney of the county where the main campus of the institution is located of an alleged incident of sexual misconduct, as appropriate.

- *SB347_R1* – 16 – 2.

If an institution within the System enters into a memorandum of understanding pursuant to this section, the institution shall comply with applicable state and federal confidentiality and privacy laws.

IfAppropriate thelocal, Boardstate ofand Regentsfederal requireslaw anenforcement institutionagencies, withinincluding, thewithout Systemlimitation, to enter into a memorandum of understanding pursuant to subsection 1, the Boardcontact ofinformation Regentsfor may waive the requirement if the institution demonstrates that it acted in good faith to enter into a memorandumlaw ofenforcement understandingagency; but was unable to do so.

and 4.

ToThe thegrievance extentprocess that money is available, an employee of athe local law enforcement agency with which an institution withinfor theinvestigating Systemand entersresolving into a memorandum of understanding pursuant to subsection 1 who acts as a first responder on a consistent basis to a report of an alleged incident of sexual misconduct atU.S.C. the institution shall receive training in the awareness of sexual misconduct and a trauma-informed response.

5.§§ 1681 et seq.f the Education Amendments Act of 1972, 20 Secs.

If18.3 an institution is located in the jurisdiction of more than one local law enforcement agency, only one memorandum of understanding between the institution and a18.5. local law enforcement agency is necessary to comply with this section.

(Deleted by amendment.) Sec.

The Board of Regents may require an institution within the System to enter into a memorandum of understanding with an organization that assists victimspersons ofinvolved in sexual misconduct.

(a) EnsureAllow for cooperation and training between the institution and the organization that assists victimspersons ofinvolved in sexual misconduct to ensureestablish an understanding of the:

(1) Responsibilities that the institution and organization that assists victimspersons ofinvolved in sexual misconduct have in responding to a report or disclosure of an alleged incident of sexual misconduct;

and (2)- Procedures81st ofSession the(2021) institution– 14 – services to students and employees;tion for providing support and services(b) toRequire studentsan andorganization employees;that assists persons involved in sexual misconduct to:

(b) Provide for office space on a campus of the institution for a confidential resource advisor from the organization that assists victims of sexual misconduct to confidentially meet with a student or employee;

(c) Require an organization that assists victims of sexual misconduct to:

(2) Provide an alternative for a student or employee of the institution to receive free and confidential counseling, advocacy or crisis services related to an alleged incident of sexual misconduct - *SB347_R1* – 17 – that are located on or off a campus of the institution, including, without limitation:

and (II) Confidential servicesservices; to a victim of sexual misconduct;

and(3) (III)Assist Consultationwith onthe adevelopment reportand ofimplementation an alleged incident of sexualeducation misconductand madeprevention byprograms afor victimstudents orof athe caseinstitution; in which a victim is involved;

(3)and Trainingtraining victim’sand advocates;prevention curriculum for employees of then of institution;

(4)and The(c) developmentInclude anda implementationfee ofstructure educationfor andany preventionservices programsprovided forby studentsthe oforganization thethat institution;assists persons involved in sexual misconduct.

and (5) The development and implementation of training and prevention curriculum for employees of the institution;

and (d) Include a fee structure for any services provided by the organization that assists victims of sexual misconduct.

IfAs theused Boardin ofthis Regentssection, requires“forensic anmedical institutionexamination” withinhas the Systemmeaning toascribed enter into a memorandum of understanding pursuant to subsection 1, the Board of Regents may waive the requirement to enter into a memorandum of understanding if an institution demonstrates that it acted in goodNRS faith217.300. to enter into a memorandum of understanding but was unable to do so.

3.

As used in this section:

(a) “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

(b) “Student” includes, without limitation, a former student of the institution who took a leave of absence or withdrew from the institution because the student was a reporting party of an alleged incident of sexual misconduct.

The Board of Regents may require an institution within the System to designate aan confidentialadvocate. resource advisor.

If the Board of Regents requires the designation of aan confidentialadvocate, resource advisor an institution may:shall designate existing categories of employees who may serve as an advocate.

(a)An Partnerinstitution withmay: an organization that assists victims of sexual misconduct to designate a confidential resource advisor;

(b)(a) IfPartner thewith institutionan enrollsorganization lessthat thanassists 1,000persons studentsinvolved who reside in campussexual housing,misconduct partner with another institution within the System to designate aan confidentialadvocate; resource advisor;

or (c)(b) DesignateIf existingthe categoriesinstitution ofenrolls employeesless than 1,000 students who mayreside servein ascampus ahousing, confidentialpartner resourcewith advisor.another institution within the Sys2.m tAn advocate designated pursuant to subsection 1:

2.(a) Must not be a Title IX coordinator, a member of campus police or law enforcement or any other official of the institution who is authorized to initiate a disciplinary proceeding on behalf of the institution or whose position at the institution may create a conflict of interest;

A(b) confidentialMust resourcebe advisor designated pursuantbased on the training or experience of the person to subsectioneffectively 1:provide services related to sexual misconduct;

(a)and May- have81st anotherSession role(2021) at– 15 – 3.) MIf an institution within the institution;System designates an advocate pursuant to subsection 1, the advocate must be trained on:

(b) Must not be a student, a Title IX coordinator, a member of campus police or law enforcement or any other official of the - *SB347_R1* – 18 – institution who is authorized to initiate a disciplinary proceeding on behalf of the institution or whose position at the institution may create a conflict of interest;

(c) Must be designated based on the experience and demonstrated ability of the person to effectively provide victim services related to sexual misconduct;

and (d) Must have completed at least 20 hours of relevant training.

3.

If an institution within the System designates a confidential resource advisor pursuant to subsection 1, the institution shall provide training to the confidential resource advisor on:

(b) Title IX of the Education Amendments Act of 1972, 20 U.S.C.

An institution within the System that designates aan confidentialadvocate resource advisor pursuant to subsection 1 shall ensureprovide for the availability of aan confidentialadvocate resource advisor to students within a reasonable distance from the institution or by electronic means if it is not practicable to provide for the availability of aan confidentialadvocate resource advisor in person.

If aan confidentialadvocate resource advisor is designated pursuant to section 20 of this act, the confidentialadvocate resource advisor shall:

(a)about Ifhow an institution within the System has entered into a memorandum of understanding pursuant to sectionobtain 19information ofon: this act, coordinate with the organization that assists victims of sexual misconduct;

(b) Inform a student or employee of, or provide resources about(1) Options on how to obtainreport informationan on:alleged incident of sexual misconduct and the effects of each option;

(1)(2) OptionsCounseling onservices howavailable toon reporta ancampus alleged incident of sexual misconduct and the processesinstitution for and effectsthrough oflocal eachcommunity option;resources;

(2) Counseling services available on a campus of the institution and through a local organization that assists victims of sexual misconduct;

(5) Counseling related to student loans,loans; including, without limitation, loan deferment, forbearance or other programs for students considering a leave of absence from, withdrawal from or part-time enrollment at the institution;

- *SB347_R1* – 19 – (6) The grievance process of the institution and that the grievance process is not a substitute for the system of criminal justice;

(8) Any limits on the ability of the confidentialadvocate resource advisor to provide privacyprivacy(9) orA confidentialitypolicy toon sexual misconduct adopted by the studentinstitution orpursuant employee;to section 17 of this act;

and(b) (9)Notify Athe policystudent onor sexualemployee misconductof adoptedhis byor her rights and the responsibilities of the institution pursuantregarding toan sectionorder 17for ofprotection, thisrestraining act;order or injunction issued by a court;

(c) NotifyUnless theotherwise studentrequired orby employeestate of his or herfederal rightslaw, andnot thebe responsibilitiesrequired ofto thereport institution regarding an orderalleged forincident protection,of restrainingsexual ordermisconduct orto injunctionthe issuedinstitution byor a court;law enforcement agency;

(d) UnlessProvide otherwiseconfidential requiredservices by state or federal law, not be required to reportstudents anand allegedemployees; incident of sexual misconduct to the institution or a law enforcement agency;

(e)- Provide81st confidentialSession (2021) – 16 – a grievance process;onfidential services to studentsmore andthan employees;one party in (f) Unless otherwise required by state or federal law, not disclose confidential information without the prior written consent of the student or employee who shared the information;

(f)(g) NotSupport providea confidentialcomplainant servicesor respondent in obtaining supportive measures to moreensure thanthe onecomplainant partyor inrespondent ahas grievancecontinued process;access to education;

(g)and Unless(h) otherwiseInform requireda bystudent state or federalemployee law,that notsupportive disclosemeasures confidentialmay informationbe withoutavailable thethrough priordisability writtenservices consentor of the studentTitle orIX employeecoordinator. who shared the information;

(h) Support a reporting party in obtaining supportive measures to ensure the reporting party has continued access to education;

(i) Notify all staff of the institution who are involved in providing or enforcing supportive measures of the duties of the staff and ensure staff are trained;

and (j) Inform a student or employee that supportive measures may be available through disability services or the Title IX coordinator.

If aan confidentialadvocate resource advisor is designated pursuant to section 20 of this act, the confidentialadvocate resource advisor may:

and (b) Attend a disciplinary proceeding of the institution as the advisor or support person of a reportingcomplainant.the party.institution as the 3.

3.Notice to an advocate of an alleged incident of sexual misconduct or the performance of services by an advocate pursuant to this section shall not constitute actual or constructive notice of an alleged incident of sexual misconduct to the institution within the System which designated the advocate pursuant to section 20 of this act.

Notice4. to a confidential resource advisor of an alleged incident of sexual misconduct or the performance of services by a confidential resource advisor pursuant to this section must not be considered actual or constructive notice of an alleged incident of sexual misconduct to the institution within the System which designated the confidential resource advisor pursuant to section 20 of this act.

-If *SB347_R1*a –conflict 20of –interest 4.arises between the institution within the System which designated an advocate and the advocate in advocating for the provision of supportive measures by the institution to a complainant or a respondent, the institution shall not discipline, penalize or otherwise retaliate against the advocate for advocating for the complainant or the respondent.

If a conflict of interest arises between the institution within the System which designated a confidential resource advisor and the confidential resource advisor in advocating for the provision of supportive measures by the institution to a reporting party or a responding party, the institution shall not discipline, penalize or otherwise retaliate against the confidential resource advisor for advocating for the reporting party or the responding party.

The Board of Regents may prohibit an institution within the System from subjecting a reportingcomplainant, party or a witness who reports an alleged incident of sexual misconduct to a disciplinary proceeding or sanction for a violation of a policy on student conduct related to drug or alcohol use, trespassing or unauthorized entry of school facilities or other violation of a policy of an institution that occurred during or related to an alleged incident of sexual misconduct unless the institution determines that the:

or - 81st Session (2021) – 17 – (b) The violation of a policy on student conduct was egregious, including, without limitation, a violation that poses a risk to the health or safety of another person.

The Board of Regents may require an institution within the System to review any disciplinary action taken against a reporting party or witness to determine if there is any connection betweenbetweenng the alleged incident of sexual misconduct that was reported and the misconduct that led to the reporting party or witness being disciplined.

The Board of Regents may require an institution within the System to provide training on the grievance process of the institution to an employee who is a participant in theaccordance grievancewith process.34 C.F.R.

The§ training106.45. must include, without limitation:

(a) How to respond to and otherwise address a report of an alleged incident of sexual misconduct;

(b) Information on working with and interviewing victims of sexual misconduct;

(c) Information on particular types of sexual misconduct, including, without limitation, domestic violence and sexual assault;

(d) An explanation of consent as it applies to a sexual act or sexual conduct with another person;

(e) The manner in which drugs and alcohol may affect the ability of a person to consent to a sexual act or sexual conduct with another person;

- *SB347_R1* – 21 – (f) The effects of trauma, including, without limitation, any neurobiological impact on a person;

(g) Training in cultural competency regarding how sexual misconduct may impact students differently depending on, without limitation, the race, color, national origin, sex, ethnicity, religion, gender identity or expression, sexual orientation, economic status or pregnancy or parenting status of a student;

(h) Information regarding how sexual misconduct may impact students with disabilities;

(i) Ways to communicate appropriately with a reporting party;

(j) Ways to communicate appropriately with a responding party, including, without limitation, an awareness of the emotional impact of being wrongly accused;

and (k) Information regarding re-traumatization and blaming of a victim.

The Board of Regents may require an institution within the System to provide annual programming on awareness and prevention of sexual misconduct to all students and employees of the institution.

(b) The manner in which drugs and alcohol may affect the abilitywith ofanother aperson;to person to consent to a sexual act or sexual conduct with(c) anotherInformation person;on options for reporting an alleged incident of sexual misconduct, the effects of each option and the method to file a report under each option, including, without limitation, a description of the confidentiality and anonymity, as applicable, of a report;

(c) Information on options for reporting an alleged incident of sexual misconduct, the effects of each option and the method to file a report under each option, including, without limitation, a description of the confidentiality and anonymity, as applicable, of a report;

- *SB347_R1* – 22 – (f) If aan confidentialadvocate resource advisor is designated pursuant to section 20 of this act, the name, contact information and role of the confidentialadvocate; resource advisor;

(g)- 81st Session (2021) – 18 – (h) Strategies for interventionreduction byof bystanders;the risk of sexual misconduct;

(h) Strategies for reduction of the risk of sexual misconduct;

(b) May coordinate with a law enforcement agency and, if the institution entered into a memorandum of understanding with an organization that assists victimspersons ofinvolved in sexual misconduct pursuant to section 19 of this act, that organization;

3.prevention of sexual misconduct pursuant to subsection 1, thed programming may be culturally responsive and address the unique experiences and challenges faced by students based on the race, ethnicity, national origin, economic status, disability, gender identity or expression, immigration status and sexual orientation of a student.

If an institution provides programming on awareness and prevention of sexual misconduct pursuant to subsection 1, the programming must be trauma-informed, inclusive of persons who are lesbian, gay, bisexual, transgender or questioning, culturally responsive and address the unique experiences and challenges faced by students based on the race, ethnicity, national origin, economic status, disability, gender identity or expression, immigration status and sexual orientation of a student.

1.The Board of Regents may require an institution within the System that receives a report of an alleged incident of sexual misconduct that involves a student or employee of the institution to determine the responsibility of a respondent, if any, based on a preponderance of the evidence.

The Board of Regents may require an institution within the System that receives a report or has reason to know of an alleged incident of sexual misconduct that involves a student or employee of the institution, to:

(a) If necessary, conduct an investigation pursuant to section 24.7 of this act;

(b) If necessary, hold a hearing pursuant to section 24.8 of this act;

(c) Comply with subsection 2 of section 18 of this act;

and (d) If the alleged incident of sexual misconduct is determined to have occurred based on a preponderance of the evidence, take reasonable steps in response to the incident of sexual misconduct, including, without limitation, addressing a hostile environment, if such an environment has been created, preventing the recurrence of the conduct and addressing the effects of the conduct.

2.

If an institution within the System conducts an investigation pursuant to section 24.7 of this act or holds a - *SB347_R1* – 23 – hearing pursuant to section 24.8 of this act, the institution shall inform both the reporting party and the responding party of the investigation or hearing in a way that both the reporting party and responding party have the opportunity to meaningfully exercise their rights to a grievance process that is prompt, fair and impartial and include, without limitation, any information posted on the Internet website of the institution relating to the grievance process of the institution.

3.

An institution shall be deemed to know, or reasonably should know, about a possible incident of sexual misconduct if an employee with a duty to report an incident of sexual misconduct knew of the possible incident of sexual misconduct or, in the exercise of reasonable care, should have known of, the possible incident of sexual misconduct.

4.

As used in this section, “hostile environment” means an environment where a student or employee experiences harassment that is sufficiently severe, persistent or pervasive enough to limit or deny:

(a) A student the ability to effectively participate in or benefit from the programs and education offered by the institution;

or (b) An employee the ability to effectively or comfortably work at the institution.

The Board of Regents may require an institution within the System to consideraccept a request from a reportingcomplainant party who is 18 years of age or older to keep the identity of the reportingcomplainant party confidential or take no investigative or disciplinarygrant actionsuch against a respondingrequest party.if state or federal law requires disclosure or further action.

AnIn institutiondetermining shallwhether notto grant such a requestrequest, ifthe stateinstitution shall consider whether there is a risk that the respondent may commit additional acts of sexual misconduct, violence, discrimination or federalharassment lawbased requireson disclosurewhether one or furthermore action.of the following factors are present to a sufficient degree such that the request cannot be honored:

In- determining81st whetherSession to(2021) grant– such19 a– request,(a) theThere institutionare shallany considerprevious whetheror thereexisting isreports aof riskan thatincident the responding party may commit additional acts of sexual misconduct,misconduct violence,against discriminationthe orrespondent, harassmentincluding, basedwithout onlimitation, whetherrecords oneof complaints or morethe arrest of the followingrespondent; factors are present to a sufficient degree:

(a)(b) ThereThe arerespondent anyallegedly previousused ora existingweapon; reports of an incident of sexual misconduct, violence, discrimination or harassment against the responding party;

(b)harassment against the complainant or other persons;ation or (d) The respondingalleged partyincident allegedlyof usedsexual amisconduct weapon;was alleged to have been committed by two or more people;

(c)(e) The respondingcircumstances partysurrounding threatenedthe violence,alleged discriminationincident orof harassmentsexual againstmisconduct indicate that the reportingincident partywas premeditated and, if so, whether the respondent or otheranother persons;person allegedly premeditated the incident;

(d) The alleged incident of sexual misconduct was alleged to have been committed by two or more people;

(e) The circumstances surrounding the alleged incident of sexual misconduct indicate that the incident was premeditated - *SB347_R1* – 24 – and, if so, whether the responding party or another person allegedly premeditated the incident;

(g) The institution is able to conduct a thorough investigation and obtain relevant evidence without the cooperation of the reportingcomplainant; party;

and (h) There are any other factors that indicate the respondingrespondent party may repeat the behavior alleged by the reportingcomplainant party or that the reportingcomplainant party or other persons may be at risk of harm.

If an institution within the System grants a request for confidentiality or to not take any investigative or disciplinary action pursuant to subsection 1, the institution shall take reasonable steps to, without initiating formal action against the respondingrespondent: party:

(a) Respond to the report of the alleged incident of sexual misconductcomplainant; while maintaining the confidentiality of the reporting party;

while maintaining the confidentiality of the (b) Limit the effects of the alleged incident of sexual misconduct;

(b) Providing additional training and educational materials for students and employees,employees; including, without limitation, information on options for anonymous reporting, confidential reporting, formal complaints and informal resolutions;

or (c) Ensuring a reportingcomplainant party is informed of and has access to appropriate supportive measures.

If an institution within the System grants a request for confidentiality or to not take any investigative or disciplinary - 81st Session (2021) – 20 – action pursuant to subsection 1, the institution shall inform the reportingcomplainant party that the ability of the institution to respond to the report of the alleged incident of sexual misconduct will be limited by the request.

5.cannot grant a request for confidentiality or to not take any investigative or disciplinary action pursuant to subsection 1, the institution shall:

If(a) anInform institution within the Systemcomplainant determinesof thatthe itdetermination cannotbefore grantdisclosing athe requestidentity forof confidentialitythe orcomplainant to not take any investigative or disciplinaryinitiating actionan pursuantinvestigation; to subsection 1, the institution shall:

-(b) *SB347_R1*Make –available 25supportive –measures (a)for Inform the reportingcomplainant; party of the determination before disclosing the identity of the reporting party or initiating an investigation;

(b)and Provide(c) supportiveIf measuresrequested forby the reportingcomplainant, party;inform the respondent that the complainant asked the institution not to take investigative or disciplinary action against the respondent.

and (c) If requested by the reporting party, inform the responding party that the reporting party asked the institution not to take investigative or disciplinary action against the responding party.

(a) Provide the reportingcomplainant party and the respondingrespondent party the opportunity to identify witnesses and other evidence to assist the institution in determining whether an alleged incident of sexual misconduct has occurred;

(b) Inform the reportingcomplainant party and the respondingrespondent party that any evidence available to the party but not disclosed during the investigation might not be considered at a subsequent hearing;

and (c)sexual Equitablypredisposition collectof anda usecomplainant evidence,are including,not withoutconsidered limitation,relevant providingunless that:the:

(1) ExceptQuestions asor otherwiseevidence authorizedare bydirectly thisrelevant section,to anprove investigatorthat maythe notconduct consideralleged theto sexualhave historybeen ofcommitted aby reportingthe partyrespondent orwas respondinginflicted party;by another person;

(2) An investigator may not consider any previous or subsequent(2) sexualQuestions history between the reporting party and anyevidence partyare other than the responding party unless the history is directly relevant to provedemonstrate thathow anythe physicalparties injuriescommunicated allegedconsent toin haveprevious beenor inflictedsubsequent byconsensual thesexual respondingconduct. party were inflicted by another person;

(3) An investigator may not consider the existence of a dating relationship or previous or subsequent consensual sexual conduct between the reporting party and the responding party unless the evidence is relevant to demonstrate how the parties communicated consent in previous or subsequent consensual sexual conduct;

and (4) An investigator shall provide a written and verbal explanation to the reporting party and the responding party as to why consideration of any evidence is consistent with this paragraph before proffering any evidence for consideration in an investigation or hearing.

TheAn factinstitution thatwithin athe reportingSystem partyshall andprovide respondingperiodic partyupdates engagedon inthe anyinvestigation previousto orthe subsequentcomplainant consensualand sexualthe relationsrespondent isregarding notthe bytimeline itselfof sufficient to establish that the conductinvestigation. in question was consensual.

- *SB347_R1* – 26 – 3.

Notwithstanding the provisions of section 24.8 of this act, an investigation conducted in response to an alleged incident of sexual misconduct must take not more than 120 days.

4.

An institution within the System shall provide periodic updates on the investigation to the reporting party and the responding party regarding the timeline of the investigation.

5.

An institution within the System shall notify the reporting party and the responding party of the findings of an investigation simultaneously.

6.

If an institution within the System imposes any disciplinary action based on the findings of an investigation on a responding party, such disciplinary action must be imposed in accordance with the grievance process of the institution.

Sec.

24.8.

1.

After conducting an investigation pursuant to section 24.7 of this act, an institution within the System shall determine whether to hold a hearing.

In determining whether to hold a hearing, the institution may consider whether the reporting party and responding party cooperated in the investigation and whether each party had the opportunity to suggest questions to be asked of the other party or witnesses, or both, during the investigation.

The following rules apply to any hearing conducted pursuant to this section:

(a) Except as otherwise determined by the hearing officer, the reporting party or responding party may not introduce evidence, including, without limitation, witness testimony, at the hearing that was not disclosed or available during the investigation conducted pursuant to section 24.7 of this act.

The hearing officer may accept such evidence for good cause.

(b) Except as otherwise required by federal law, any cross examination of the reporting party, the responding party or any witness may not be conducted directly by the reporting party or responding party, or an advisor to the reporting party or responding party, as applicable.

(c) The reporting party, the responding party or any witness may request to answer questions by videoconference.

(d) The reporting party and the responding party shall have the opportunity to submit written questions to the hearing officer in advance of the hearing.

At the hearing, the reporting party and the responding party shall have the opportunity to note an objection to any question posed by the other party.

The hearing officer may limit objections to written form.

The hearing officer shall note an objection on the record, but is not otherwise required to respond to an objection.

The hearing officer shall discard or rephrase any question the hearing officer deems to be repetitive, irrelevant or harassing.

In making a determination pursuant to - *SB347_R1* – 27 – this paragraph, the hearing officer may use, but is not bound by, the rules of evidence at common law.

(e) All determinations must be based on a preponderance of the evidence.

2.

Except as otherwise provided in this subsection, an institution within the System that receives a report shall take not more than 60 calendar days to reach a final determination regarding the alleged incident of sexual misconduct.

An institution may take more than 60 calendar days to reach a final determination for good cause, which includes, without limitation, unworked holiday breaks, a mutual agreement of the reporting party and the responding party or waiting for evidence that has been requested from a third party.

Good cause does not include, without limitation, worked holiday breaks, distance barriers that can be overcome through videoconferencing, graduation of one of the parties, unnecessary requests for delay that the institution reasonably perceives to be delay tactics or police investigations that require more than a temporary delay.

TheAn institution within the System shall informnotify the partiescomplainant ofand the appealsrespondent processof inthe accordancefindings withof itsan grievanceinvestigation process.simultaneously.

- 81st Session (2021) – 21 – 4.

AnIf an institution within the System shallimposes provideany periodicdisciplinary updatesaction based on anythe hearingfindings orof appealsan processinvestigation toon thea reportingrespondent, partysuch anddisciplinary respondingaction party,must including,be withoutimposed limitation,in writtenaccordance noticewith the grievance process of anythe delays.institution.

1.1.elAn institution within the System may issue a no-contact directive prohibiting the complainant and the respondent from contacting each other.

An institution within the System may issue a no-contact directive prohibitingif the respondingdirective partyis andnecessary theto, reportingwithout partylimitation: from contacting each other during the pendency of an investigation and hearing.

An(a) institutionProtect maythe issuesafety aor no-well-being contactof directiveeither if the directivecomplainant isor necessarythe to:respondent;

(a) Protect the safety or well-being of either the reporting party or the responding party;

A no-contact directive issued against the respondent after a decision of responsibilityresponsibility, againstif theany, responding party has been made ismust unilateralbe andmutually appliesapplied onlyto against the respondingcomplainant party.and the respondent.

If an institution issues a mutual no-contact directive, the institution shall provide the reportingcomplainant party and the respondingrespondent party with a written justification for the directive and an explanation of the terms of the directive, including, without limitation, athat description of the circumstances, if any, under which a violation of the directive may subject the party to disciplinary action.

A student who experiences sexual misconduct may request a waiver from any requirement to maintain a certain grade point average, credit enrollment, or other - *SB347_R1* – 28 – academic or disciplinary record requirement relating to academic success for any scholarship, grant or other academic program offered by an institution within the System.

A waiver may be grantedstaff byor afaculty confidentialmember resource advisor designated pursuant to section 20 of this act, the Titleinstitution.r IX coordinator of the institution, a law enforcement officer employed by the institution, an academic advisor or staffother memberappropriate of2. a disability resource center of the institution.

2.A student or employee who experiences sexual misconduct may be granted a request to take a leave of absence or, to the extent practicable, extend benefits of employment.

A student or employee who experiences sexual misconduct must be granted a request to take a leave of absence or, to the extent practicable, extend benefits of employment.

(a) The total number of reports of alleged incidents of sexual misconduct allegedly committed by a student or employee of the institution made to the Title IX office of the institution;

- 81st Session (2021) – 22 – (d) The number of persons sanctioned by the institution as a result of a finding of responsibility for an incident of sexual misconductmisconduct; or the number of remedies provided to a reporting party;

and (e) The number of persons who submitted requests for supportive measuresmeasures.and and the number of persons who received supportive2. measures;

and (f) The number of reporting parties who took a leave of absence, transferred to another institution or withdrew from the institution.

2.

IfInformation thecontained Boardin of Regents requires a report to be prepared and submitted pursuant to subsection 1,1 anmust institutionbe shallable submit the report to thebe Boarddisaggregated ofby Regentsstudents notand lateremployees. than October 1 of each year.

If the Board of Regents requires a report to be prepared and submitted pursuant to subsection 1, thean Boardinstitution ofshall Regents shall, not later than December 31 of each year, submit athe compilationreport ofto the reports the Board of Regents receivednot pursuantlater tothan subsectionOctober 1 to the Director of theeach Departmentyear. of Health and Human Services and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the - *SB347_R1* – 29 – Legislature in even-numbered years or the Legislative Committee on Education in odd-numbered years.

AnyIf datathe orBoard reportsof thatRegents underlinerequires thea report to be prepared and submitted pursuant to subsection 31, arethe confidentialBoard andof areRegents shall, not later than December 31 of each year, submit a publiccompilation recordof forthe reports the purposesBoard of chapterRegents 239received pursuant to subsection 1 to the Director of NRS.the Department of Health and Human Services and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature in even-numbered years or the Legislative Committee on Education in odd-numbered years.

Sec.6.

Any data or reports that underlie the report prepared pursuant to subsection 4 are confidential and are not a public recSec.

1.(Deleted by amendment.)239 of NRS.

The Board of Regents may, after reasonable notice and opportunity for hearing, determine that an institution within the System failed to comply with a requirement imposed by the Board of Regents pursuant to sections 2 to 27, inclusive, of this act.

If the Board of Regents determines an institution failed to comply with a requirement imposed by the Board, the Board may, for each violation, impose a fine of not more than $150,000 or 1 percent of the annual operating budget of the institution, whichever is less, against the institution.

2.

The Board of Regents shall use any money collected from the imposition of a fine pursuant to subsection 1 to administer and enforce the provisions of sections 2 to 27, inclusive, of this act.

27.1.27.05.

NRS 396.585396.540 is hereby amended to read as follows:

396.540 1.

For the purposes of this section:

(a) “Bona fide resident” shall be construed in accordance with the provisions of NRS 10.155 and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute.

The qualification “bona fide” is intended to ensure that the residence is genuine and established for purposes other than the avoidance of tuition.

(b) “Matriculation” has the meaning ascribed to it in regulations adopted by the Board of Regents.

- 81st Session (2021) – 23 – who are not residents of Nevada and which is in addition todents registration fees or other fees assessed against students who are residents of Nevada.

2.

The Board of Regents may fix a tuition charge for students at all campuses of the System, but tuition charges must not be assessed against:

(a) All students whose families have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System;

(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 12 months before their matriculation at a university, state college or community college within the System;

(c) All students whose parent, legal guardian or spouse is a member (1) Is on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California;

or (2) Was on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date on which the student [enrolled at] is admitted to an institution of the System if such students enroll and maintain continuous enrollment at an institution of the System;

(d) All students who are using benefits under the Marine Gunnery Sergeant John David Fry Scholarship pursuant to 38 U.S(e) All public school teachers who are employed full-time by school districts in the State of Nevada;

(f) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS;

(g) Employees of the System who take classes other than during their regular working hours;

(h) Members of the Armed Forces of the United States who are on active duty and stationed at a military installation in the State of - 81st Session (2021) – 24 – specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California;

(i) Veterans of the Armed Forces of the United States who were honorably discharged and who were on active duty while stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date of discharge;

(j) Except as otherwise provided in subsection 3, veterans of the Armed Forces of the United States who were honorably discharged within the 5 years immediately preceding the date of matriculation of the veteran at a university, state college or community college within the System;

[and] (k) Veterans of the Armed Forces of the United States who have bee(l) Students who graduated from a high school located in this State, regardless of whether the student or the family of the student have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System.

3.

The Board of Regents may grant more favorable exemptions from tuition charges for veterans of the Armed Forces of the United States who were honorably discharged than the exemption provided pursuant to paragraph (j) of subsection 2, if required for the receipt of federal money.

4.

The Board of Regents may grant exemptions from tuition charges each semester to other worthwhile and deserving students from other states and foreign countries, in a number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.

The Board of Regents shall require each studentstudentows: who participates as a member of a varsity athletic team which represents the University of Nevada, Reno, or the University of Nevada, Las Vegas, to make satisfactory progress toward obtaining a degree as a condition of participation as a member of the team.

who participates as a member of a varsity athletic team which represents [the University of Nevada, Reno, or the University of Nevada, Las Vegas,] an institution within the System to make satisfactory progress toward obtaining a degree as a condition of participation as a member of the team.

[The] Except- as81st otherwiseSession (2021) – 25 – standards must:wise provided in section 24.95 of this act, the standards(a) must:Include a requirement that a student enroll in a sufficient number of courses in each semester that are required to obtain the academic degree the student is seeking to allow the student to complete the requirements for obtaining the degree within a reasonable period after the student’s admission.

(a) Include a requirement that a student enroll in a sufficient number of courses in each semester that are required to obtain the academic degree the student is seeking to allow the student to complete the requirements for obtaining the degree within a reasonable period after the student’s admission.

- *SB347_R1* – 30 – (a) Have been a “bona fide resident” of Nevada, as that term is defined in NRS 396.540, for at least 6 months prior to the “matriculation” of the student in the System, as that term is defined pursuant to NRS 396.540;

(a) All loans must bear interest at 8 percent per annum from the datedat(b) whenEach student receiving a loan must repay the studentloan receiveswith interest following the loan.termination of the student’s education for which the loan is made.

(b) Each student receiving a loan must repay the loan with interest following the termination of the student’s education for which the loan is made.

The amounts of the installments must not be less than $50 and may be calculated to allow a smaller payment at the beginning of the period of repayment, with each succeeding payment gradually increasing so that the total amount due will have been- paid81st withinSession (2021) – 26 – repayment of the periodloans formust repayment.be:

Therepayment. period for repayment of the loans must be:

The period for (1) Five years for loans which total less than $10,000.

(a) Except as otherwise provided in paragraph (e) of subsection 2, has been a resident of this State for at least 2 years before the studentstu(b) appliesExcept foras theotherwise Millenniumprovided Scholarship;in paragraph (c), graduated from a public or private high school in this State:

- *SB347_R1* – 31 – (b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:

(d) Except as otherwise provided in paragraph (e), maintained in high school in the courses designated by the Board of RegentsRegentsned in pursuant to paragraph (b) of subsection 2, at least:

(e)- Does81st notSession satisfy(2021) the– requirements27 of– paragraph (d) and received at least the minimum score established by the Board of Regents on a college entrance examination approved by the Board of Regents that was administered to the student while the student was enrolled as a pupil in a public or private high school in this State;

(a) Shall define the core curriculum that a student must complete in high(b) schoolShall todesignate bethe eligiblecourses forin which a Millenniumstudent Scholarship.must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.

- *SB347_R1* – 32 – (b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.

(1) The 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.

(e) Shall establish criteria with respect to students who have a parent or legal guardian on active duty in the Armed Forces of the United States to exempt such students from the residency requirement- set81st Session (2021) – 28 – subsection 4.et forth in paragraph (a) of subsection 1 or (f) Shall establish criteria with respect to students who have been actively serving or participating in a charitable, religious or public service assignment or mission to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 4.1.

(f) Shall establish criteria with respect to students who have been actively serving or participating in a charitable, religious or public service assignment or mission to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.

If the Board of Regents requires a student to successfully complete courses in mathematics or science to be eligible for a Millennium Scholarship, a student who has successfully completed one or more courses in computer science described in NRS 389.0186 must be allowed to apply not more than one unit of credit received for the completion of such courses toward thatthatt of credit requirement.

- *SB347_R1* – 33 – 4.

(b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution;

ororcosts of sending their children to an eligible (c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.

The[The affidavit must include a declaration that the applicant is a citizen of the United States or has lawful immigration status, or that the applicant- has81st filedSession an(2021) application– to29 legalize– the applicant’s immigration status or will file an application to legalize his or her immigration status as soon as he or she is eligible to do so.so.] Sec.

Sec.

(b) If he or she is enrolled in a state college within the System, including, without limitation, a summer academic term, $60 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the state college that are not otherwise satisfied by other grants or scholarships, whichever is less.

- *SB347_R1* – 34 – (c) If he or she is enrolled in another eligible institution, including, without limitation, a summer academic term, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.

 In no event may a student who is eligible for a Millennium Scholarship receive more than the cost of 15 semester credits per semester pursuant to this subsection.

(a)- Make81st satisfactorySession academic(2021) progress– toward30 a– recognized degree or certificate, as determined by the Board of RegentsRegentsed pursuant to subsection 8;

(a) Subsequently satisfies the requirements of subsection 3 in a semester in which he or she is not eligible for the Millennium Scholarship, the student is eligible for the Millennium Scholarship for the student’s next semester of enrollment.

(b) Fails a second time to satisfy the requirements of subsection 3 during any subsequent semester, excluding a summer academic term, the student is no longer eligible for a Millennium Scholarship.

- *SB347_R1* – 35 – (a) For the payment of registration fees and laboratory fees and expenses;

The State Treasurer shall disburse a Millennium Scholarship for each semester on behalf of an eligible student directly to the eligible institution in which the student is enrolled, upon certification from the eligible institution of the number of credits for which the student is enrolled, which mustmusthe meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8.

If a student is enrolled in more than one eligible institution,- the81st MillenniumSession Scholarship(2021) must– be31 administered– by the eligible institution at which the student is enrolled in a program of study leading to a recognized degree or certificate.

(1)Sierra TheNevada UniversityCollege;ity of Nevada, Reno, Great Basin College or Sierra(2) NevadaA College;nonprofit university which awards a bachelor’s degree in education to residents of northern Nevada;

(2) A nonprofit university which awards a bachelor’s degree in education to residents of northern Nevada;

- *SB347_R1* – 36 – (1) The University of Nevada, Las Vegas, or Nevada State College;