AB 384 — Revises provisions governing sexual misconduct in institutions of the Nevada System of Higher Education. (BDR 34-939)

2.7.

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

§ 12291(a).

Sec.

“Domestic violence” meanshas the commissionmeaning ofascribed anyto actit described in NRS34 33.018.U.S.C.

§ 12291(a).

“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.

“Sexual assault” meanshas athe violationmeaning ofascribed NRSto 200.366.it in 20 U.S.C.

§ 1092(f)(b)(A)(v).

“Sexual harassment” hasmeans conduct on the meaningbasis ascribedof tosex, itwhether direct or indirect, implicit or explicit, verbal or - *AB384_R1* – 4 – nonverbal or in NRSperson 176A.280.or via virtual or electronic means, that includes one or more of the following:

1.

An employee of an institution within the System conditioning the provision of an aid, benefit or service of the institution or the terms, conditions or privileges of the participation of a person in the education programs or activities of the institution on the person’s participation in unwelcome sexual conduct, including, without limitation:

(a) A sexual advance;

(b) A request for sexual favors;

or (c) Other conduct of a sexual nature.

2.

Unwelcome conduct determined by a reasonable person to be sufficiently severe, pervasive and objectively offensive that it effectively denies a person equal access to the education programs or activities of an institution within the System.

3.

Sexual assault, dating violence, domestic violence or stalking.

“Sexual misconduct” means sexualdating violence, domestic violence, gender-based violence or harassment, violence based on sexual orientation, gender identity or gender expression, sexual assault, sexual harassment or stalking.

“Stalking” meanshas athe violationmeaning ofascribed NRSto 200.575.it in 34 C.F.R.

§ 106.30.

- *AB384* – 4 – Sec.

Perpetrator methodology;

2.

Conducting an effective investigation;

3.

and 2.4.

TheTo the extent that money is available, the Board of Regents may appoint researchers employed at one or more institutions within the System to develop a climate survey on sexual misconduct designed to be administered at an institution within the System.

- *AB384_R1* – 5 – (a) Use best practices from peer-reviewed research;

- *AB384* – 5 – (c) Whether an alleged incident of sexual misconduct was perpetrated by a student, faculty member, staff member of an institution within the System, third party vendor or another person;

and - *AB384_R1* – 6 – (3) Informed of the prohibition against retaliation for reporting an alleged incident of sexual misconduct;

(h) Demographic information that could be used to identify at- risk groups, including, without limitation, the gender, race, ethnicity, national origin, economic status, disability, gender identity or expression, immigration status and sexual orientation of the student totaking the climate survey on sexual misconduct;

(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;

(l) Whether a student withdrew from any classes or was placed on academic probation, disciplinary probation or otherwise disciplined as a result of an 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 - *AB384* – 6 – response of an institution within the System to the alleged incident of sexual misconduct, including, without limitation, post- traumatic stress disorder, anxiety, depression, chronic pain or an eating disorder;

(o) The perception of the respondentparticipants ofin the survey of the attitudes of the community toward sexual misconduct, including, without limitation, the willingness of a person to intervene in an ongoing incident of sexual misconduct as a bystander;

TheTo the extent that money is available, the Board of Regents may require each institution within the System to conduct a climate survey on sexual misconduct at the institution biennially.

A climate survey on sexual misconduct conducted pursuant to subsection 1 must include the questions developed by - *AB384_R1* – 7 – researchers employed at an institution within the System pursuant to section 12 of this act.

(a) Provide the survey to each student at the institution, including, without limitation, students studying abroadabroad; or on a leave of absence from the institution;

(b) Not require the disclosure of personally identifiable information by a respondentparticipant toin the climate survey on sexual misconduct;

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

-and *AB384*(2) –A 7link –to (2)the The summary of the responses to the climate survey on sexual misconduct;misconduct on the Internet website maintained by the Board of Regents.

and (3) 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.

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

5.

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.

An institution within the System may apply for and accept any gifts, grants, donations, bequests or other money from any source to carry out the provisions of this section.

7.

Any data or reports that underline the summaries generated pursuant to subsection 3 are confidential and are not a public record for the purposes of chapter 239 of NRS.

If the Board of Regents requires an institution within the System to conduct a climate survey on sexual misconduct pursuant to section 13 of this act, the Board of Regents shall:

ProvideIf athe copyBoard of theRegents questionsrequires developed by researchers employed at an institution within the System pursuant to sectionconduct 12a ofclimate thissurvey acton tosexual each- institution*AB384_R1* within– a8 reasonable– timemisconduct afterpursuant theto Boardsection 13 of Regentsthis receivesact, the questionsBoard fromof theRegents researchersshall, whoto develop the questions;extent money is available:

(a) Provide a copy of the questions developed by researchers employed at an institution within the System pursuant to section 12 of this act to each institution within a reasonable time after the Board of Regents receives the questions from the researchers who develop the questions;

(b) Establish a repository for the summaries of the climate survey on sexual misconduct submitted by each institution pursuant to section 13 of this act;

(c) Post each summary of the responses to a climate survey on sexual misconduct submitted by an institution pursuant to section 13 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;

(d) Adopt a policy on the dissemination, collection and summation of the responses to the climate survey on sexual misconduct;

and (e) On or before February 1 of each odd-numbered year, report the summaries of the climate survey on sexual misconduct submitted by an institution pursuant to section 13 of this act to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

EstablishAny adata repositoryor forreports that underline the summaries ofgenerated thepursuant climateto surveysubsection on1 sexualare misconductconfidential submittedand byare eachnot institutiona pursuantpublic torecord sectionfor 13the purposes of thischapter act;239 of NRS.

3.

Post each summary of the responses to a climate survey on sexual misconduct submitted by an institution pursuant to section 13 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;

4.

Adopt a policy on the dissemination, collection and summation of the responses to the climate survey on sexual misconduct;

and 5.

On or before February 1 of each odd-numbered year, report the summaries of the climate survey on sexual misconduct submitted by an institution pursuant to section 13 of this act to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

Provide a reportingcomplainant party and respondingrespondent party with a copy of the policies of the institution regarding the submission and - *AB384* – 8 – consideration of evidence that may be considered during the grievance process;

Within 7 business days after a final determination of a report of an alleged incident of sexual misconduct, inform the reportingcomplainant party and the respondingrespondent party of the result of the final determination;

Unless otherwise required by state or federal law, not disclose the identity of a reportingcomplainant party or respondingrespondent. party.

- *AB384_R1* – 9 – Sec.

The Board of Regents may require an institution within the System to adopt a policy on sexual misconduct.misconduct consistent with applicable state and federal law.

(3) AAn victim’s advocate designated pursuant to section 19 of this act;

- *AB384* – 9 – (b) Instructions on how an internal or external entity may provide comment on the initial policy on sexual misconduct or a substantive change to the policy;

- *AB384_R1* – 10 – 5.

(a) OnUpon arequest, campusto of the institution in locations where students regularly congregate, including, without limitation, a diningprospective facility,student, recreationalcurrent facility, library, bookstore, student union, student center or commonemployee area of campusthe housing;institution;

and (b) UponOn request,the toInternet awebsite prospectivemaintained student,by current student or employee of the institution;institution.

and (c) On the Internet website maintained by the institution.

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 reportingcomplainant party of an alleged incident of sexual misconduct.

1.

(a)1. The procedures by which a student or employee at the 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)The Obtainingprocedures emergencyby medicalwhich assistancea afterstudent or employee at the institution within the System may report or disclose an alleged incident of sexual misconduct,misconduct including,that withoutoccurred limitation:on or off a campus of the institution;

(1)2. The name and location of the nearest medical facility where a student or employee may receive a forensic medical examination;

(2)Supportive Optionsmeasures, forincluding, transportationwithout andlimitation: reimbursement for travel costs associated with obtaining a forensic medical examination;

(3)(a) TheChanging telephoneacademic, numberliving, andcampus Internettransportation website for a national 24-hour hotline and any other state or localwork resourcesarrangements; that provide information on sexual misconduct;

and(b) (4)Taking Anya programsleave thatof mayabsence providefrom financialthe assistanceinstitution toin aresponse studentto foran thealleged costincident of obtainingsexual emergencymisconduct; medical assistance;

- *AB384* – 10 – (c) TheHow typesto ofrequest counselingsupportive andmeasures; 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;

and (d) The name,process contactto informationhave andany asupportive descriptionmeasures ofreviewed by the roleinstitution; of and services provided by:

(1)3. An advisor who may serve as a confidential resource to a responding party;

(2)Appropriate Alocal, victim’sstate advocateand designatedfederal bylaw theenforcement institutionagencies, pursuantincluding, towithout sectionlimitation, 19the ofcontact thisinformation act;for a law enforcement agency;

(3)and The4. Title IX coordinator of the institution;

(4)The Angrievance organizationprocess thatof supportsthe personsinstitution accusedfor investigating and resolving a report of an alleged incident of sexual misconduct;misconduct pursuant to Title IX of the Education Amendments Act of 1972, 20 U.S.C.

(5) An organization that assists victims of sexual misconduct;

and (6) Employees designated as responsible employees;

(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;

(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 - *AB384* – 11 – pursuant to Title IX of the Education Amendments Act of 1972, 20 U.S.C.

Sec.

17.5.

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:

- *AB384_R1* – 11 – (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;

(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 of such documentation or information;

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

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

(a)3. “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

(b)If “Student”an includes,institution withoutis limitation,located ain formerthe studentjurisdiction of themore institutionthan whoone tooklocal alaw leaveenforcement ofagency, absenceonly orone withdrewmemorandum fromof theunderstanding institutionbetween because the studentinstitution wasand a reportinglocal partylaw ofenforcement anagency allegedis incidentnecessary ofto sexualcomply misconduct.with this section.

- *AB384_R1* – 12 – (I) Access to a health care provider who specializes in forensic medical examinations;

and (II) Confidential services to a victim;

and (III) Consultation on a report made by a victim or a case in which a victim is involved;

AsThe usedmemorandum inof thisunderstanding section:may include a fee structure for any services provided by an organization that assists victims of sexual misconduct.

(a)3. “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

-As *AB384*used –in 12this –section, (b)“forensic “Student”medical includes,examination” withouthas limitation, a former student of the institutionmeaning whoascribed tookto ait leavein ofNRS absence217.300. 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 victim’sadvocate advocate.for parties to alleged incidents of sexual misconduct.

If the Board of Regents requires the designation of aan victim’s advocate, an institution shall designate existing categories of employees who may serve as aan victim’s advocate.

(a) Partner with an organization that assists victims of sexual misconduct to designate aan victim’s advocate;

or (b) If the institution enrolls less than 1,000 students who reside in campus housing, partner with another institution within the System to designate aan victim’s advocate.

AAn victim’s advocate designated pursuant to subsection 1:

and (c) Must be designated based on the experiencetraining andor demonstratedexperience ability of the person to effectively provide victim services related to sexual misconduct.misconduct;

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

If an institution within the System designates aan victim’s advocate pursuant to subsection 1, the institutionadvocate shallmust providebe trainingtrained to the victim’s advocate on:

An institution within the System that designates aan victim’s advocate pursuant to subsection 1 shall ensureprovide for the availability of- a*AB384_R1* victim’s– 13 – of an advocate to students within a reasonable distance from the institution.institution or by electronic means if it is not practicable to provide for the availability of an advocate in person.

If aan victim’s advocate is designated pursuant to section 19 of this act, the victim’s advocate shall:

- *AB384* – 13 – (b) Inform a student or employee of, or provide resources about how to obtain information on:

(5) Counseling related to student loansloans; 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;

(8) Any limits on the ability of the victim’s advocate to provide privacy or confidentiality to the student or employee;

(h) AtSupport no cost to the reporting party, support a reportingcomplainant party in obtaining supportive measures to ensure the reportingcomplainant party has continued access to education;

- *AB384_R1* – 14 – (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 canmay also be obtainedavailable through disability services or the Title IX coordinator,coordinator. if appropriate.

- *AB384* – 14 – 2.

If aan victim’s advocate is designated pursuant to section 19 of this act, the victim’s advocate may:

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

Notice to aan victim’s advocate of an alleged incident of sexual misconduct or the performance of services by aan victim’s advocate 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 victim’s advocate pursuant to section 19 of this act.

If a conflict of interest arises between the institution within the System which designated aan victim’s advocate and the victim’s advocate in advocating for the provision of supportive measures by the institution to a reportingcomplainant party,or respondent, the institution shall not discipline, penalize or otherwise retaliate against the victim’s advocate for advocating for thea reportingcomplainant party.or respondent.

The Board of Regents may requireprohibit an institution within the System tofrom notsubjecting subject a reportingcomplainant party or a witness whoto 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:

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

- *AB384_R1* – 15 – Sec.

- *AB384* – 15 – (a) How to respond to and otherwise address a report of an alleged incident of sexual misconduct;

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

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

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.

If the Board of Regents requires an institution to provide programming on awareness and prevention of sexual misconduct, the programming mustmay include, without limitation:

- *AB384_R1* – 16 – (b) 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;

(c) Information on options for reporting an alleged incident of sexual misconduct, the effects of each option and the method to - *AB384* – 16 – file a report under each option, including, without limitation, a description of the confidentiality and anonymity, as applicable, of a report;

(f) If aan victim’s advocate is designated pursuant to section 19 of this act, the name, contact information and role of the victim’s advocate;

If an institution provides programming on awareness and prevention of sexual misconduct pursuant to subsection 1, the institutioninstitution: shall:

(a) CoordinateShall coordinate with the Title IX coordinator of the institution,institution; a law enforcement agency and, if the institution entered into a memorandum of understanding with an organization that assists victims of sexual misconduct pursuant to section 18 of this act, that organization;

and (b) RequireMay studentscoordinate orwith employeesa tolaw attendenforcement theagency programmingand, onif the awarenessinstitution andentered preventioninto a memorandum of understanding with an organization that assists victims of sexual misconduct.misconduct pursuant to section 18 of this act, that organization;

and (c) Shall require students or employees to attend the programming on the awareness and prevention of sexual misconduct.

If an institution provides programming on awareness and prevention of sexual misconduct pursuant to subsection 1, the programming mustmay 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.

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 - *AB384_R1* – 17 – institution, to determine the responsibility of a respondent 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 26 of this act;

(b) If necessary, hold a hearing pursuant to section 27 of this act;

and (c) If the alleged incident of sexual misconduct is determine to have occurred based on a preponderance of the evidence, take - *AB384* – 17 – 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.

An institution shall be deemed to know, or reasonably should know, about a possible incident of sexual misconduct if a responsible employee identified pursuant to paragraph (d) of subsection 1 of section 17 of this act 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.

3.

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 accept 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 disciplinary action against a respondingrespondent. party.

In determining whether to grant such a request, the institution shall consider whether:whether there is a risk that the respondent may commit additional acts of sexual misconduct, violence, discrimination or harassment, based on whether one or more of the following factors are present to a sufficient degree:

(a) There are any previous or existing reports of an incident of sexual misconductmisconduct, violence, discrimination or harassment against the respondingrespondent, party;including, without limitation, records of complaints against or the arrest of the respondent;

(b) The respondingrespondent party allegedly used a weapon,weapon; physical restraint or otherwise engaged in battery;

(c) The respondingrespondent partythreatened isviolence, adiscrimination faculty or staffharassment memberagainst of the institutioncomplainant withor oversightother ofpersons; students;

(d) ThereThe isalleged anincident imbalance of powersexual betweenmisconduct thewas reportingalleged partyto andhave thebeen respondingcommitted party;by two or more people;

(e) The reportingcircumstances partysurrounding believes that the reportingalleged partyincident willof besexual lessmisconduct safeindicate ifthat the identityincident ofwas thepremeditated reportingand, partyif isso, disclosed,whether anthe investigationrespondent is conducted or disciplinaryanother actionperson isallegedly takenpremeditated against the respondingincident; party;

(f) The respondingcircumstances partysurrounding canthe sufficientlyalleged respondincident toof thesexual allegationsmisconduct withoutindicate knowinga thepattern identity of theconsistent reportingbehavior party;at a particular location or by a particular group of people;

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

-and *AB384*(h) –There 18are –any 2.other factors that indicate the respondent may repeat the behavior alleged by the complainant or that the complainant or other persons may be at risk of harm.

If2. 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 responding party:

(a)If Respondan toinstitution within the reportSystem ofgrants ana allegedrequest incidentfor ofconfidentiality sexualor misconductto whilenot maintainingtake theany confidentialityinvestigative ofor disciplinary action pursuant to subsection 1, the reportinginstitution party;shall take reasonable steps to, without initiating formal action against the respondent:

(a) Respond to the report of an alleged incident of sexual misconduct while maintaining the confidentiality of the complainant;

and - *AB384_R1* – 18 – (c) Prevent the recurrence of any misconduct;misconduct.

and (d) Provide for the safety of the reporting party.

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

or (d) Conducting additional climate surveys on sexual misconduct in accordance with sections 12, 13 and 14 of this act.

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 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.

(a) Inform the reportingcomplainant party of the determination before disclosing the identity of the reportingcomplainant party or initiating an investigation;

(b) Provide forsupportive themeasures safetyfor of the reportingcomplainant; party;

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

(a) Provide the reportingcomplainant party and the respondingrespondent party the opportunity to identify witnesses and other evidence to assist the - *AB384* – 19 – 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) UseEquitably equitablecollect guidelines for the collection and use of evidence, including, without limitation, providing that:

(1) Except as otherwise authorized by this section, an investigator may not consider the sexual history of a reportingcomplainant party or respondingrespondent; party;

(2) An investigator may not consider any previous or subsequent sexual history between the reportingcomplainant party and any party - *AB384_R1* – 19 – other than the respondingrespondent party unless the history is directly relevant to prove that any physical injuries alleged to have been inflicted by the respondingrespondent party were inflicted by another person;

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

The fact that a reportingcomplainant party and respondinga partyrespondent engaged in any previous or subsequent consensual sexual relations is not by itself sufficient to establish that the conduct in question was consensual.

NotwithstandingAn theinstitution provisionswithin ofthe sectionSystem 27shall ofprovide thisperiodic act,updates anon the investigation conducted in response to anthe allegedcomplainant incidentand ofthe sexualrespondent misconductregarding shallthe taketimeline noof morethe thaninvestigation. 60 days.

An institution within the System shall providenotify periodic updates on the investigationcomplainant to the reporting party and the respondingrespondent partyof regarding the timelinefindings of thean investigation.investigation simultaneously.

5.

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

1.(Deleted by amendment.) Sec.

After conducting an investigation pursuant to section 26 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 - *AB384* – 20 – 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 26 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 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, 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 request for delay that the institution reasonably perceives to be delay tactics or police investigations that require more than a temporary delay.

- *AB384* – 21 – 3.

If the institution within the System includes an appeal process in its grievance, the institution shall inform the parties of the appeals process.

4.

An institution within the System shall provide periodic updates on any hearing or appeals process to the reporting party and responding party, including, without limitation, written notice of any delays.

Sec.

An institution within the System may issue a no- contact directive prohibiting the respondingcomplainant party and the reportingrespondent party from contacting each otherother. during the pendency of an investigation and hearing.

An institution may issue a no-no-contact contact directive if the directive is necessary to:

(a) Protect the safety or well-being of either the reportingcomplainant party or the respondingrespondent; party;

A no-contact directive issued after a decision of responsibility against the respondingrespondent party has been made is unilateral and applies only against the respondingrespondent. party.

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 waiver may be granted by aan victim’s- *AB384_R1* – 20 – advocate designated pursuant to section 19 of this act, the Title IX coordinator of the institution, a law enforcement officer employed by the institution, an academic advisor or staff member of a disability resource center of the institution.

The Board of Regents may require an institution within the System to prepare and submit to the Board aan annual report that includes, without limitation:

(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;

- *AB384* – 22 – (b) The number of investigationsstudents initiatedand byemployees afound lawresponsible enforcementfor agencyan inincident response to reports of alleged incidents of sexual misconduct,misconduct ifby known;the institution;

(c) The number of students and employees accused of but found not responsible for an incident of sexual misconduct by the institution;

(d) The number of studentspersons andsanctioned employeesby accusedthe institution as a result of buta foundfinding notof responsibleresponsibility for an incident of sexual misconductmisconduct; by the institution;

and (e) The number of sanctionspersons orwho remediessubmitted imposedrequests onfor asupportive respondingmeasures partyand by the institutionnumber as a result of apersons findingwho ofreceived responsibilitysupportive formeasures. an incident of sexual misconduct;

(f) The number of requests for supportive measures and the number of requests for supportive measures that were granted;

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

- *AB384_R1* – 21 – 6.

Any data or reports that underline the report prepared pursuant to subsection 3 are confidential and are not a public record for the purposes of chapter 239 of NRS.

1.(Deleted by amendment.) Sec.

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 32, 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 one percent of the annual operating budget of the institution, whichever is less, against the institution.

- *AB384* – 23 – 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 32, inclusive, of this act.

Sec.

The Board of Regents shall require each student who participates as a member of a varsity athletic team which represents the[the University of Nevada, Reno, or the University of Nevada, Las Vegas,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.

and (d) [Maintain] Except as otherwise provided in section 29 of this act, maintain at least a 2.00 grade point average in each class - *AB384_R1* – 22 – and at least a 2.75 overall grade point average, on a 4.0 grading scale.

- *AB384* – 24 – 3.

and - *AB384_R1* – 23 – (3) Applies for the Millennium Scholarship not more than 6 years after he or she was regularly scheduled to graduate from high school;

- *AB384* – 25 – (d) Except as otherwise provided in paragraph (e), maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:

- *AB384_R1* – 24 – (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 - *AB384* – 26 – students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.

or - *AB384_R1* – 25 – (c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.

- *AB384* – 27 – 6.

- *AB384_R1* – 26 – (a) To pay for remedial courses.

- *AB384* – 28 – 3.

The Millennium Scholarship must be administered by - *AB384_R1* – 27 – the eligible institution as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to - *AB384* – 29 – subsection 6.

(c) [Have] Except as otherwise provided in section 29 of this act, have a college grade point average of not less than 3.5 on a 4.0 - *AB384_R1* – 28 – grading scale or, if enrolled at an academic institution that does not use a grade point system to measure academic performance, present - *AB384* – 30 – evidence acceptable to the Board that demonstrates a commensurate level of academic achievement;

- *AB384_R1* – 29 – Sec.

38.5.

NRS 239.010 is hereby amended to read as follows:

239.010 1.

Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, - *AB384_R1* – 30 – 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 13, 14 and 30 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

Any such copies, abstracts or memoranda may be used to supply the - *AB384_R1* – 31 – general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.

This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

2.

A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

3.

A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.

4.

If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium.

Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:

(a) The public record:

(1) Was not created or prepared in an electronic format;

and (2) Is not available in an electronic format;

or (b) Providing the public record in an electronic format or by means of an electronic medium would:

(1) Give access to proprietary software;

or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

5.

An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

- *AB384**AB384_R1* – 3132 – Sec.

H - *AB384**AB384_R1*