Nev. Rev. Stat. § 396.153

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 396.153 - Programming on awareness and prevention of sexual misconduct
1. The Board of Regents may require an institution within the System to provide programming on awareness and prevention of power-based violence 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 must include, without limitation:
(a) An explanation of consent as it applies to a sexual act or sexual conduct with another person;
(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 power-based violence, the effects of each option and the method to file a report under each option, including, without limitation, a description of the confidentiality and anonymity, as applicable, of a report;
(d) Information on the grievance process of the institution for addressing a report of an alleged incident of power-based violence, including, without limitation, a policy on power-based violence adopted pursuant to NRS 396.145;
(e) The range of sanctions or penalties the institution may impose on a student or employee found responsible for an incident of power-based violence;
(f) If an advocate is designated pursuant to NRS 396.148, the name, contact information and role of the advocate;
(g) Strategies for intervention by bystanders;
(h) Strategies for reduction of the risk of power-based violence; and
(i) Any other opportunities for additional programming on awareness and prevention of power-based violence.
2. If an institution provides programming on awareness and prevention of power-based violence pursuant to subsection 1, the institution:
(a) Shall coordinate with the Title IX coordinator of the institution;
(b) May coordinate with a law enforcement agency and, if the institution entered into a memorandum of understanding with an organization that assists persons involved in power-based violence pursuant to NRS 396.147, that organization; and
(c) Shall require :
(1) A student to attend the programming on the awareness and prevention of power-based violence at least once during his or her first two regular academic semesters after enrollment; and
(2) An employee to attend the programming on the awareness and prevention of power-based violence not less than once every 3 years.
3. If an institution provides programming on awareness and prevention of power-based violence pursuant to subsection 1, the programming may be culturally responsive and address the unique experiences and challenges faced by students based on the race, ethnicity, national origin, economic status, disability, gender identity or expression, immigration status and sexual orientation of a student.
4. If an institution provides programming on awareness and prevention of power-based violence to students pursuant to subsection 1, the institution:
(a) May provide the programming in person;
(b) May provide an option for a student to attend the programming by virtual or electronic means; and
(c) May include the programming in any courses or materials provided to a student who has recently enrolled in the institution.
5. An institution may require each instructor or professor to include in the syllabus for a course information on resources available on the campus of the institution for victims of powerbased violence, including, without limitation, resources about how to obtain information on:
(a) Options for reporting an alleged incident of power-based violence, the effects of each option and the method to file a report under each option;
(b) Counseling services available on a campus of the institution and through local community resources;
(c) Community-based organizations which provide assistance to victims of power-based violence whose services are available on or off a campus of the institution;
(d) Available supportive measures;
(e) The grievance process of the institution and that the grievance process is not a substitute for the system of criminal justice; and
(f) A policy on power-based violence adopted by the institution pursuant to NRS 396.145.

NRS 396.153

Added to NRS by 2021, 3679
Amended by 2023, Ch. 504,§8, eff. 7/1/2023.
Added by 2021, Ch. 542,§24, eff. 7/1/2021.