Nev. Rev. Stat. § 396.142

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 396.142 - Climate survey on sexual misconduct: Development; contents; provision to Task Force on Sexual Misconduct at Institutions of Higher Education
1. To 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 power-based violence designed to be administered at institutions within the System. The climate survey on power-based violence must:
(a) Gather institution-specific data regarding the prevalence of gender-based harassment and discrimination;
(b) Be fair and unbiased;
(c) Be scientifically valid and reliable; and
(d) Meet the highest standards of survey research.
2. If appointed to develop a climate survey on power-based violence, the researchers shall:
(a) Use best practices from peer-reviewed research;
(b) Consult with persons with expertise in the development and use of climate surveys on power-based violence at institutions of higher education;
(c) Consult with a student government association;
(d) Review climate surveys on powerbased violence which have been developed and implemented by institutions of higher education, including, without limitation, institutions in other states;
(e) Provide opportunity for written comment from organizations that assist victims of power-based violence to ensure the adequacy and appropriateness of any proposed content of the climate survey on power-based violence;
(f) Consult with institutions within the System on strategies for optimizing the effectiveness of the climate survey on power-based violence; and
(g) Account for the diverse needs and differences of the institutions within the System.
3. If a climate survey on power-based violence is developed, the climate survey must request information on topics related to power-based violence. The topics may include, without limitation:
(a) The estimated number of alleged incidents of 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;
(b) When and where an alleged incident of power-based violence occurred;
(c) Whether an alleged incident of powerbased violence was perpetrated by a student, faculty member, staff member of an institution within the System, third party vendor or another person;
(d) Awareness of a student of the policies and procedures related to power-based violence at an institution;
(e) Whether a student reported an alleged incident of power-based violence and:
(1) If the incident was reported, to which campus resource or law enforcement agency a report was made; and
(2) If the incident was not reported, the reason the student chose not to report the incident;
(f) Whether a student who reported an alleged incident of power-based violence was:
(1) Offered supportive measures by an institution;
(2) Informed of, aware of or referred to campus, local or state resources for support for victims, including, without limitation, appropriate medical care and legal services; and
(3) Informed of the prohibition against retaliation for reporting an alleged incident of power-based violence;
(g) Contextual factors in an alleged incident of power-based violence, such as the involvement of force, incapacitation or coercion;
(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 powerbased violence;
(i) Perceptions a student has of campus safety;
(j) Whether a student has confidence in the ability of the institution to protect against and respond to alleged incidents of power-based violence;
(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 complainant or respondent in an alleged incident of power-based violence;
(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 power-based violence;
(m) Whether a student experienced any financial impact as a result of an alleged incident of power-based violence;
(n) Whether a student experienced any negative health impacts as a result of an alleged incident of powerbased violence, including, without limitation, post-traumatic stress disorder, anxiety, depression, chronic pain or an eating disorder;
(o) The perception of the participants in the survey of the attitudes of the community toward powerbased violence, including, without limitation, the willingness of a person to intervene in an ongoing incident of power-based violence as a bystander; and
(p) Any other questions as determined necessary by the researchers.
4. The climate survey on power-based violence must provide an option for students to decline to answer a question.
5. The climate survey on power-based violence must be provided to the Task Force on Power-based Violence at Institutions of Higher Education created pursuant to NRS 396.141 for comment.

NRS 396.142

Added to NRS by 2021, 3672
Amended by 2023, Ch. 504,§7, eff. 7/1/2023.
Added by 2021, Ch. 542,§13, eff. 7/1/2021.