AB 245 — Revises provisions governing education. (BDR 34-818)

- 82nd Session (2023) – 4 – (a) Two members who are employeesrepresentatives of a schoolnonprofit districtorganization inthat thisassists State;victims of power-based violence;

(b) TwoOne membersmember who areis representativesthe parent of a nonprofitpupil organizationwho thatidentifies assistsas victimsa victim of power-based violence;

(c)power-based Twoviolence; members who are:

(1)is Aa pupil enrolledwho inidentifies as a schoolvictim of (d) Two members who are Title IX coordinators for public schools in this State;

or(e) (2)One Themember parentwho oris legalan guardianemployee of athe pupilOffice enrolledfor in a schoolSafe inand thisRespectful State;Learning Environment;

(d)(f) One member who is thea parentschool ofresource aofficer pupilassigned whoto was a victimschool ofin power-basedthis violence;State;

(e)(g) One member who is employed as a pupilschool whopsychologist wasat a victimschool ofin power-this basedState; violence;

(f)(h) TwoOne membersmember who areis Titlea IXlicensed coordinatorsteacher for public schools in this State;

(g)(i) One member who is anemployed employeeas ofa theschool Officesocial forworker at a Safeschool andin Respectfulthis LearningState; Environment;

(h)(j) One member who is aan schooladministrator resourceof officer assigned to a school in this State;

(i)and Two(k) membersOne member who areis employedthe assuperintendent a school psychologist, a provider of mental health other than a psychologist who provides services to pupils at a school district in this StateState. or a school social worker;

and (j) One member who is a licensed teacher in this State.

The ChairCha5. and Vice Chair serve a term of 1 year.

5.aEach member of the Committee serves a term of 2 years and may be reappointed.

Each member of the Committee serves a term of 2 years and may be reappointed.

A majority of the members of the Committee constitutes a quorum for the transaction of business, and a majority of a - *AB245_R1* – 5 – quorum present at any meeting is sufficient for any official action taken by the Commission.

- 82nd Session (2023) – 5 – (c) Identify emerging trends and best practices for responding to and preventing power-based violence;

and (e) Make recommendations for procedures that will focus on preventing and intervening in disclosures of power-based violence.

Sec.shall post on its Internet website and include in any written informational materials related to pupil safety prepared by the school district information regarding the statewide information and referral system concerning health, welfare, human and social services created pursuant to NRS 232.359, including the number which may be used to access the system.

1.6.2.

1.

The board of trustees of each school district shall post on its Internet website and include in any written informational materials related to pupil safety prepared by the school district information regarding the statewide information and referral system concerning health, welfare, human and social services created pursuant to NRS 232.359, including the number which may be used to access the system.

- *AB245_R1* – 6 – 2.

388.121 As used in NRS 388.121 to 388.1395, inclusive, and sections 1.2, 1.4 and 1.6 of this act, unless the context otherwise requires,- the82nd wordsSession and(2023) terms– defined6 in– NRS 388.1215 to 388.127, inclusive, have the meanings ascribed to them in those sections.sections., Sec.

Sec.

and (2) Procedures of the charter school for providing support andand(b) servicesRequire toa pupilscommunity-based andorganization employees.that assists victims of power-based violence to:

(b) Require a community-based organization that assists victims of power-based violence to:

(c) Include a fee structure for any services provided by the community-based organization that assists victims of power-based violence.

- *AB245_R1* – 7 – 2.

- 82nd Session (2023) – 7 – (a) “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

Sec.thereto a new section to read as follows:y amended by adding 1.

3.6.

Chapter 388C of NRS is hereby amended by adding thereto a new section to read as follows:

1.

(1) Assist with developing policies, programming or training for the university school for profoundly gifted pupils regardingregard(2) Provide an alternative for a pupil or employee of the university school for profoundly gifted pupils to receive free counseling, advocacy or crisis services related to an alleged incident of power-based violence;violence, including, without limitation, access to a health care provider who specializes in forensic medical examinations;

(2) Provide an alternative for a pupil or employee of the university school for profoundly gifted pupils to receive free counseling, advocacy or crisis services related to an alleged incident of power-based violence, including, without limitation, access to a health care provider who specializes in forensic medical examinations;

and - *AB245_R1* – 8 – (4) Assist with the development and implementation of training and prevention curriculum for employees of the university school for profoundly gifted pupils.

- 82nd Session (2023) – 8 – 2.

If a teacher or administrator of the university school for profoundly gifted pupils is informed by a pupil that the pupil has been a victim of power-based violence, the teacher or administrator shall refer the pupil to the community-based organizationorg3.izaAs thatused assistsin victimsthis section:s of power-based violence.

3.

As used in this section:

If an agreement requires the removal of a document from the personneldocument filewith ofthe anagreement.e, employee, the private school must maintain the document3. with the agreement.

3.

“Power-based violence” means any form of interpersonal violence intended to control, intimidate or harm another person through the assertion of power.power over the person.

The term includes, without limitation,limitation: dating violence, domestic violence, - *AB245_R1* – 9 – gender-based violence, gender-based harassment, violence based on sexual orientation or gender identity or expression, sexual assault, sexual harassment, stalking or indecent exposure.

Sec.

4.6.

ThereDating isviolence; hereby created the Commission on Higher Education Campus Safety consisting of 7 members as follows:

(a) The Chancellor of the System, or his or her designee;

(b) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;

(c) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly;

(d) Four members who represent a community-based organization that assists victims of power-based violence, serve as a victim’s advocate, as defined in NRS 49.2545, at an institution within the System or who were a victim of power-based violence at an institution within the System:

(1) One of whom is appointed by the Majority Leader of the Senate;

(2) One of whom is appointed by the Minority Leader of the Senate;

(3) One of whom is appointed by the Speaker of the Assembly;

and (4) One of whom is appointed by the Minority Leader of the Assembly;

(e) Two members who are students enrolled at an institution within the System, appointed by the Nevada Student Alliance or its successor organization;

(f) One member who is a faculty member of the System, appointed by the Chancellor after consultation with the Nevada Faculty Alliance or its successor organization;

(g) One member who is a member of the Police Department for the System, appointed by the Chancellor;

and (h) Two members appointed by the Governor.

EachDomestic appointedviolence; member serves a term of 2 years.

Members may be reappointed for additional terms of 2 years in the same manner as the original appointments.

Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

TheFamily Commissionviolence; shall, at its first meeting and each odd- numbered year thereafter, elect a Chair from among its members.

- *AB245_R1* – 10 – 4.

TheGender-based Commissionviolence; shall meet at least once each calendar quarter and at other times at the call of the Chair or a majority of its members.

- 82nd Session (2023) – 9 – 5.

AViolence majoritybased ofon thesexual membersorientation ofor thegender Commissionidentity constitutesor aexpression; quorum, and a quorum may exercise all the power and authority conferred on the Commission.

MembersSexual ofassault; the Commission serve without compensation, except that for each day or portion of a day during which a member of the Commission attends a meeting of the Commission or is otherwise engaged in the business of the Commission, and within the limits of available money, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

EachSexual memberharassment; of the Commission 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 the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable.

A state agency or local government shall not require an officer or employee who is a member of the Commission to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

8.

The Commission shall examine and make recommendations regarding best practices relating to the prevention of power-based violence.

In performing its duties the Commission shall:

(a) Consider student experiences that relate to power-based violence and student safety;

(b) Examine current procedures and protocols for responding to violence, including, without limitation, power-based violence, that are used at institutions within the System;

(c) Meet with organizations that provide services to victims of violence, including, without limitation, power-based violence;

and (d) Identify possible gaps in the services that are available for victims of power-based violence at institutions within the System.

TheStalking; Commission shall, not later than August 1 of each odd-numbered year, submit to the Joint Interim Standing Committee on Education any recommendations for legislation relating to power-based violence.

oritation;

10.

The observation of another person who is naked or engaging in sexual activity without his or her consent, including, without limitation, voyeurism.

4.6.

(Deleted by amendment.) Sec.

396.125 As used in NRS 396.125 to 396.1595, inclusive, and sectionssection 4.3 and 4.6 of this act, unless the context otherwise requires, the words and terms defined in NRS 396.126 to 396.138, - *AB245_R1* – 11 – inclusive, and section 4.3 of this act have the meanings ascribed to them in those sections.

396.131 “Respondent” means a person who has been reported tomisconduct.] bepower-based theviolence.hat perpetrator of conduct that could constitute [sexual misconduct.]Sec. power-based violence.

Sec.

5.9.

NRS 396.141 is hereby amended to read as follows:

396.141 1.

There is hereby created the Task Force on [Sexual Misconduct] Power-based Violence at Institutions of Higher Education consisting of [12] 16 members as follows:

(a) The Chancellor of the System, or his or her designee;

- 82nd Session (2023) – 10 – (b) The Chief General Counsel of the System, or his or her designee;

and (c) [Ten] Fourteen members appointed by the Board of Regents as follows:

(2) One representative of a community college;

(3) One representative of a university;

(4) One Title IX coordinator from an institution within the System;

(5) One student, appointed in consultation with [a student government association,] the Nevada Student Alliance or its successor organization, who represents a group or organization that focuses on multiculturalism, diversity or advocacy at a state college or community college;

(6) One student, appointed in consultation with [a student government association,] the Nevada Student Alliance or its successor organization, who represents a group or organization that focuses on multiculturalism, diversity or advocacy at a university;

(7) One researcher with experience in the development of climate surveys on [sexual misconduct;] power-based violence.

(8) One researcher of statistics, data analytics or econometrics with experience in survey analysis in higher education;

(9) One medical professional from the University of Nevada, Las Vegas, School of Medicine or the University of Nevada, Reno, School of Medicine;

[and] (10) [One person] Two members who [serves] serve as a within the System [.] ;efined in NRS 49.2545, at an institution (11) One student who identifies as a victim of power-based violence;

(12) One person who represents an organization governing fraternities and sororities at an institution within the System;

and (13) One person who is employed by an institution within the System in the area of student affairs.

2.

After the initial terms, each appointed member of the Task Force serves a term of 2 years and may be reappointed to one additional 2-year term following his or her initial term.

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

3.

The Task Force shall, at its first meeting and each odd- numbered year thereafter, elect a Chair from among its members.

- 82nd Session (2023) – 11 – 4.

The Task Force shall meet at least once [annually] each quarter and may meet at other times upon the call of the Chair or a majority of the members of the Task Force.

5.

A majority of the members of the Task Force constitutes a conferred on the Task Force.rcise all the power and authority 6.

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 per diem allowance and travel expenses provided for state officers and employees generally.

7.

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 the Task Force and perform any work necessary to carry out the duties of the Task Force in the most timely manner practicable.

A state agency or local government shall not require an officer or employee who is a member of the Task Force to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

Sec.

The [TaskTask Force on Sexual[Sexual MisconductMisconduct] Power- based Violence at Institutions of Higher Education]Education Commissioncreated onby HigherNRS Education396(a) CampusReview Safetythe createdresults byof [NRSany 396.141]climate sectionsurvey 4on of[sexual thismisconduct] actpower-based shall:violence administered at an institution within the System;

(a)[and] Review(b) theExamine resultscurrent ofprocedures anyand climateprotocols surveyfor onpreventing, [sexualintervening misconduct]in or responding to instances of power-based violence administeredthat atare anused institutionat institutions within the System;

and(c) (b)Identify Eachpossible year,gaps holdin a meeting open to the publicservices tothat provideare recommendationsavailable tofor thevictims Board of Regents on how to address [sexual misconduct] power-based violence at institutions within the System.System;

(d) Examine the correlation between social groups, campus life and the incidence of power-based violence on the campus of each institution within the System;

(e) Each year, hold a meeting open to the public to provide recommendations to the Board of Regents on how to address [sexual misconduct] power-based violence at institutions within the System [.] ;

and - 82nd Session (2023) – 12 – (f) Not later than August 1 of each odd-numbered year, submit to the Joint Interim Standing Committee on Education a written report summarizing the findings of the Task Force, the data collected from responses to any climate survey and any response to incidences of power-based violence occurring atn or institutions within the System.

- *AB245_R1* – 12 – (a) Gather institution-specific data regarding the prevalence of gender-based harassment and discrimination;

(c) Consult with a student government association;

If a climate survey on [sexual misconduct] power-based violence is developed, the climate survey must request information on- 82nd Session (2023) – 13 – topics relatedmay toinclude, [sexualwithout misconduct.]limitation:.] power-based violence.

The topics(a) mayThe include,estimated withoutnumber limitation:of alleged incidents of [sexual misconduct,] power-based violence, both reported and not reported, at an institution within the System, if a student taking the survey has knowledge of such information;

(a) The estimated number of alleged incidents of [sexual misconduct,] power-based violence, both reported and not reported, at an institution within the System, if a student taking the survey has knowledge of such information;

(1) If the incident was reported, to which campus resource or law enforcementen(2) agencyIf athe reportincident was made;not reported, the reason the student chose not to report the incident;

and - *AB245_R1* – 13 – (2) If the incident was not reported, the reason the student chose not to report the incident;

(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 taking the climate survey on [sexual misconduct;] power- based violence;

(k)- Whether82nd aSession student(2023) chose– to14 withdraw– or take a leave of absence from the institution or transfer to another institution because the student is the complainant or respondent in an alleged incident of [sexual misconduct;] power-based violence;

(o) The perception of the participants in the survey of the attitudes of the community toward [sexual misconduct,] power- based violence, including, without limitation, the willingness of a person to intervene in an ongoing incident of [sexual misconduct] a power-based violence as a bystander;

and - *AB245_R1* – 14 – (p) Any other questions as determined necessary by the researchers.

The climate survey on [sexual misconduct] power-based violence must be provided to the [TaskTask Force on Sexual[Sexual MisconductMisconduct] Power-based Violence at Institutions of Higher Education] Commission on Higher Education Campus Safety created pursuant to [NRSNRS 396.141]396.141 section 4.6 of this act for comment.

To 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] power-based vio2.ncA climate survey on [sexual misconduct] power-based violence atconducted pursuant to subsection 1 must include the questions developed by researchers employed at an institution biennially.within the System pursuant to NRS 396.142.

2.

A climate survey on [sexual misconduct] power-based violence conducted pursuant to subsection 1 must include the questions developed by researchers employed at an institution within the System pursuant to NRS 396.142.

- 82nd Session (2023) – 15 – 3.

(a) Provide the survey to each student at the institution, including,inc(b) withoutNot limitation,require studentsthe studyingdisclosure abroad;of personally identifiable information by a participant in the climate survey on [sexual misconduct;] power-based violence;

(b) Not require the disclosure of personally identifiable information by a participant in the climate survey on [sexual misconduct;] power-based violence;

A climate survey on [sexual misconduct] power-based violence must be administered electronically by an institution within - *AB245_R1* – 15 – the System and provide reasonable accommodations for students with a disability.

An institution within the System may obtain a waiver from the Board of Regents to not administer a climate survey on [sexual misconduct] power-based violence pursuant to this section due to the6.inaAn institution within the financialSystem circumstancesmay ofapply for and accept any gifts, grants, donations, bequests or other money from any source to carry out the institution.provisions of this section.

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.

- 82nd Session (2023) – 16 – (b) Establish a repository for the summaries of the climate survey on [sexual misconduct] power-based violence submitted by each institution pursuant to NRS 396.1425;

(c) Post each summary of the responses to a climate survey on [sexual misconduct] power-based violence submitted by an institution pursuant to NRS 396.1425 on the Internet website maintained by the Board of Regents in a manner that does not disclose personally identifiable information of any person;

- *AB245_R1* – 16 – 1.

§§ 1681 et seq., or a policy on [sexual misconduct] power-based violence adopted pursuant to NRS 396.145 to receive annual training on topics related to [sexual misconduct] power-based violence which may include, withoutwithoutxual limitation, any training required pursuant to NRS 396.152;

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

Sec.- 82nd Session (2023) – 17 – 396.145 1.

7.4.The Board of Regents may require an institution:

NRSwithin 396.145the isSystem herebyto amendedadopt toa readpolicy ason follows:[sexual misconduct] power- based violence consistent with applicable state and federal law.

396.145 1.

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

and (3) Engage in a culturally competent manner to reflect the diversediv(b) needsMay ofconsider allinput students;from internal and external entities, including, without limitation:

and (b) May consider input from internal and external entities, including, without limitation:

- *AB245_R1* – 17 – (7) Law enforcement agencies, including, without limitation, campus police or security;

If the Board of Regents requires the adoption of a policy on [sexualan misconduct]institution power-basedwithin violencethe pursuantSystem shall provide:nt to subsection 1, (a) Internal or external entities an institutionopportunity withinto provide comment on the Systeminitial shallpolicy provide:on [sexual misconduct] power-based violence or any substantive change to the policy;

(a) Internal or external entities an opportunity to provide comment on the initial policy on [sexual misconduct] power-based violence or any substantive change to the policy;

- 82nd Session (2023) – 18 – 4.

After an initial policy on [sexual misconduct] power-based violence is adopted by an institution within the System, the opportunity for comment by an internal or external entity pursuant to subsection 3 applies only to a substantive change to the policy, as determineddet5.minIf bythe Board of Regents requires the institution.adoption of a policy on [sexual misconduct] power-based violence pursuant to subsection 1, an institution within the System shall make the policy on [sexual misconduct] power-based violence publicly available not later than the start of each academic year:

5.

If the Board of Regents requires the adoption of a policy on [sexual misconduct] power-based violence pursuant to subsection 1, an institution within the System shall make the policy on [sexual misconduct] power-based violence publicly available not later than the start of each academic year:

and (d)the Theinstitution;ss process to have any supportive measures reviewed by the3. institution;

- *AB245_R1* – 18 – 3.

(a)- Allow82nd forSession cooperation(2023) and– training19 between– the institution and the organization that assists persons involved in [sexual[sexualtion misconduct] power-based violence to establish an understanding of the:

(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] power-based violence that are located on or off a campus of thethenduct] institution, including, without limitation:

- *AB245_R1* – 19 – 2.

As used in this section, “forensic medical examination” has thetheSec. meaning ascribed to it in NRS 217.300.

Sec.

or (b)- If82nd theSession institution(2023) enrolls– less20 than– 1,000 students who reside in campus housing, partner with another institution within the reside System to designate an advocate.

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

§§ 1681 et seq.;seq.;Education Amendments Act of 1972, 20 (c) Any policy on [sexual misconduct] power-based violence adopted by the institution pursuant to NRS 396.145;

(c) Any policy on [sexual misconduct] power-based violence adopted by the institution pursuant to NRS 396.145;

-misconduct] *AB245_R1*power-based –violence 20and –the (1)effects Optionsof oneach howoption;al to(2) reportCounseling anservices allegedavailable incidenton ofa [sexualcampus misconduct]of power-basedthe violenceinstitution and thethrough effectslocal ofcommunity eachresources; option;

(2) Counseling services available on a campus of the institution and through local community resources;

(6)- The82nd grievanceSession process(2023) of– the21 institution– and that the grievance process is not a substitute for the system of criminal justice;

(e) Not provide confidential services to more than one party in a grievancegri(f) process;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) 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;

and (b) Attend a disciplinary proceeding of the institution as the advisoradv3.or Notice to an advocate of an alleged incident of [sexual misconduct] power-based violence or supportthe personperformance of aservices complainant.by an advocate pursuant to this section shall not constitute actual or constructive notice of an alleged incident of [sexual misconduct] power-based violence to the institution within the System which designated the advocate pursuant to NRS 396.148.

3.

Notice to an advocate of an alleged incident of [sexual misconduct] power-based violence or the performance of services by an advocate pursuant to this section shall not constitute actual or - *AB245_R1* – 21 – constructive notice of an alleged incident of [sexual misconduct] power-based violence to the institution within the System which designated the advocate pursuant to NRS 396.148.

If a conflict of interest 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- to82nd aSession complainant(2023) or– a22 respondent,– the institution shall not discipline, penalize or otherwise retaliate against the advocate forfornot advocating for the complainant or the respondent.

or (b) The violation of a policy on student conduct was egregious, including, without limitation, a violation that poses a risk to the healthhea2. or safety of another person.

2.

The Board of Regents may require an institution within the System to train the Title IX coordinator and members of the campus police or safety personnel of the institution in the awareness of [sexual misconduct] power-based violence and in trauma-informed response to an alleged incident of [sexual misconduct.] power-based violence.vioSec.

Sec.

If the Board of Regents - *AB245_R1* – 22 – requires an institution to provide programming on awareness and prevention of sexual misconduct, the programming must include, without limitation:

(a)- An82nd explanationSession of(2023) consent– as23 it– applies to a sexual act or sexual conduct with another person;

it applies to a sexual act or (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;

(e) The range of sanctions or penalties the institution may impose on a student or employee found responsible for an incident of [sexual(f) misconduct;]If power-basedan violence;advocate is designated pursuant to NRS 396.148, the name, contact information and role of the advocate;

(f) If an advocate is designated pursuant to NRS 396.148, the name, contact information and role of the advocate;

(b) May coordinate with a law enforcement agency and, if the institution entered into a memorandum of understanding with an organizationpower-based thatviolence assistspursuant personsto involvedNRS in396.147, [sexualthat misconduct]organization;] power-basedand violence(c) pursuantShall torequire NRS[students 396.147,or thatemployees] organization;:

and (c) Shall require [students or employees] :

and - *AB245_R1*82nd –Session 23(2023) – (2)24 An– employee to attend the programming on the awareness and prevention of power-based violence not less than once every 3 years.

If an institution provides programming on awareness and prevention of power-based violence to students pursuant to subsection 1, the institutioninstitution: may:

(a) IncorporateMay provide the programming intoin oneperson; or more courses for which a student may receive credit toward the course work required of the student for the award of an associate’s degree, baccalaureate degree or certificate at any university, state college or community college.

(b) ConditionMay theprovide award of an associate’soption degree,for baccalaureatea degreestudent orto certificateattend upon the completionprogramming ofby avirtual courseor describedelectronic inmeans; paragraph (a).

5.and (c) May include the programming in any courses or materials pro5.deAn institution may require each instructor or professor ton.

Ifinclude anin institutionthe providessyllabus programmingfor ona awarenesscourse andinformation preventionon ofresources power-basedavailable violenceon to students pursuant to subsection 1, the institutioncampus shallof require the programming to be provided and attended in person if the institution providesfor on-victims campusof housing,power- exceptbased thatviolence, anincluding, institutionwithout maylimitation, provideresources aabout waiverhow from the requirement to attendobtain theinformation programmingon: in person for a student who is enrolled in a program that is attended remotely.

6.

If an institution provides programming on awareness and prevention of power-based violence pursuant to subsection 1, the institution shall require a syllabus for the programming that includes resources about how to obtain information on:

(e) The grievance process of the institution and that the grievance process is not a substitute for the system of criminal justice;

andandocess -is *AB245_R1*not –a 24substitute –for the system of criminal (f) A policy on power-based violence adopted by the institution pursuant to NRS 396.145.

7.

If an institution provides programming on awareness and prevention of power-based violence pursuant to subsection 1, the institution shall make the information which is required to be included in the syllabus for the programming pursuant to paragraphs (a) to (f), inclusive, of subsection 6 available on the Internet website of the institution.

Sec.- 82nd Session (2023) – 25 – 396.155 1.

8.2.The Board of Regents may require an institution:

NRSwithin 396.155the System to accept a request from a complainant who is hereby18 amendedyears of age or older to readkeep asthe follows:identity of the complainant confidential or take no investigative or disciplinary action against a respondent.

396.155 1.

The Board of Regents may require an institution within the System to accept a request from a complainant who is 18 years of age or older to keep the identity of the complainant confidential or take no investigative or disciplinary action against a respondent.

(b) The respondent allegedly used a weapon;

- *AB245_R1* – 25 – (g) The institution is able to conduct a thorough investigation and obtain relevant evidence without the cooperation of the complainant;com(h) There are any 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.

and (h) There are any 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.

- 82nd Session (2023) – 26 – (a) Respond to the report of the alleged incident of [sexual misconduct] power-based violence while maintaining the confidentiality of the complainant;

(b) Limit the effects of the alleged incident of [sexual misconduct;]mis(c) power-basedPrevent violence;the recurrence of any misconduct.

and (c) Prevent the recurrence of any misconduct.

(b)and(b) Make available supportive measures for the complainant;

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

- *AB245_R1* – 26 – Sec.

and - 82nd Session (2023) – 27 – (c) Ensure that questions and evidence of the sexual history or sexual predisposition of a complainant are not considered relevant unless the:

(1) Questions or evidence are directly relevant to prove that the conduct alleged to have been committed by the respondent was inflicted by another person;

ororn committed by the respondent was (2) Questions and evidence are relevant to demonstrate how the parties communicated consent in previous or subsequent consensual sexual conduct.

A waiver may be granted by a provost, dean, academic advisor or other appropriate staffsta2. or faculty member of the institution.

2.orA student or employee who experiences [sexual misconduct] power-based violence may be granted a request to take a leave of absence or, to the extent practicable, extend benefits of employment.

ASec. student or employee who experiences [sexual misconduct] power-based violence may be granted a request to take a leave of absence or, to the extent practicable, extend benefits of employment.

- *AB245_R1* – 27 – Sec.

- 82nd Session (2023) – 28 – (c) The number of students and employees accused of but found not responsible for an incident of [sexual misconduct] power-based violence by the institution;

(d) The number of persons sanctioned by the institution as a result of a finding of responsibility for an incident of [sexual misconduct;] power-based violence;

andandfor an incident of [sexual (e) The number of persons who submitted requests for supportive measures and the number of persons who received supportive measures.

6.pursuant to subsection 4 are confidential and are not a public record for the purposes of chapter 239 of NRS.

Any data or reports that underlie the report prepared pursuant to subsection 4 are confidential and are not a public record for the purposes of chapter 239 of NRS.

49.2545 “Victim’s advocate” means a person who works for a nonprofit program, a program of a university, state college or community college within the Nevada System of Higher Education - *AB245_R1* – 28 – or a program of a tribal organization which provides assistance to victims or who provides services to a victim of an alleged incident of [sexual misconduct] power-based violence pursuant to NRS 396.125 to 396.1595, inclusive, with or without compensation and whoSec.who has received at least 20 hours of relevant training.

Sec.

- 82nd Session (2023) – 29 – Sec.

NRS 394.16055,394.16055 396.134 and 396.141396.134 are hereby repealed.

TEXT~~~~~ OF23 REPEALED- SECTIONS82nd 394.16055Session “Sexual(2023) misconduct” defined.

“Sexual misconduct” has the meaning ascribed to it in NRS 391.860.

396.134 “Sexual misconduct” defined.

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

396.141 Task Force on Sexual Misconduct at Institutions of Higher Education:

Creation;

members;

meetings.

1.

There is hereby created the Task Force on Sexual Misconduct at Institutions of Higher Education consisting of 12 members as follows:

(a) The Chancellor of the System, or his or her designee;

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

and (c) Ten members appointed by the Board of Regents as follows:

(1) One representative of a state college;

(2) One representative of a community college;

(3) One representative of a university;

System;4) One Title IX coordinator from an institution within the (5) One student, appointed in consultation with a student government association, who represents a group or organization that focuses on multiculturalism, diversity or advocacy at a state college or community college;

- *AB245_R1* – 29 – government association, who represents a group or organization that focuses on multiculturalism, diversity or advocacy at a university;

(7) One researcher with experience in the development of climate surveys on sexual misconduct;

(8) One researcher of statistics, data analytics or econometrics with experience in survey analysis in higher education;

(9) One medical professional from the University of Nevada, Las Vegas, School of Medicine or the University of Nevada, Reno, School of Medicine;

and (10) One person who serves as a victim’s advocate, as defined in NRS 49.2545, at an institution within the System.

2.

After the initial terms, each appointed member of the Task Force serves a term of 2 years and may be reappointed to one additional 2-year term following his or her initial term.

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

numbered year thereafter, elect a Chair from among its members.

4.

The Task Force shall meet at least once annually and may meet at other times upon the call of the Chair or a majority of the members of the Task Force.

5.

A majority of the members of the Task Force constitutes a quorum, and a quorum may exercise all the power and authority conferred on the Task Force.

6.

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 per diem allowance and travel expenses provided for state officers and employees generally.

7.

Each member of the Task Force who is an officer or his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Task Force and perform any work necessary to carry out the duties of the Task Force in the most timely manner practicable.

A state agency or local government shall not require an officer or employee who is a member of the Task Force to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

H - *AB245_R1*