A.B. 465
- *AB465*
ASSEMBLY BILL NO. 465–ASSEMBLYMEMBER MILLER
MARCH 17, 2025
____________
Referred to Committee on Education
SUMMARY—Revises provisions relating to education.
(BDR 34-927)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to education; providing that a school district or
institution within the Nevada System of Higher Education
is civilly liable for the actions of certain persons that
constitute harassment; setting forth requirements
governing when an entity receives notice of such actions;
creating affirmative defenses for such actions; prohibiting
certain actions by a school district and authorizing the
Board of Regents of the University of Nevada to prohibit
certain actions by an institution within the System relating
to harassment; providing requirements for certain persons
designated to receive certain complaints and coordinate
compliance with certain federal laws; revising provisions
governing a climate survey on power-based violence;
defining certain terms relating to incidents of harassment;
revising certain terms; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates county school districts as political subdivisions of this 1
State and provides that each school district has the power to be sued. (NRS 2
386.010) Existing law also establishes provisions relating to the handling of power-3
based violence at institutions within the Nevada System of Higher Education. (NRS 4
396.125-396.1595) Section 14 of this bill provides that a school district is civilly 5
liable if an agent, employee or authorized person of the school district engages in 6
harassment against a person who participates in or receives an aid, benefit, service 7
or opportunity from an education program or activity of the school district or a 8
school within the school district, or who attempts to participate in or receive any 9
aid, benefit, service or opportunity from such a program or activity, regardless of 10
where the incident occurs, if the incident of harassment is: (1) enabled or assisted 11
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by the authority exercised as an agent, employee or authorized person; or (2) the 12
school district receives notice of the incident. Section 14 additionally provides that 13
a school district is civilly liable if a person who is not an agent, employee or 14
authorized person of the school district engages in harassment if the school district 15
received notice of the incident. Section 15 of this bill sets forth the criteria for 16
determining when a school district receives notice of an incident of harassment. 17
Section 16 of this bill creates an affirmative defense for a school district if it 18
demonstrates that it: (1) established, adequately published and enforced certain 19
policies, procedures and training concerning harassment; (2) provided supportive 20
measures within 3 days of receiving notice of the incident; (3) under certain 21
circumstances, undertook a prompt, thorough and impartial investigation; (4) after 22
obtaining consent to do so, facilitated a disciplinary process in accordance with 23
practices based on restorative justice; and (5) took other necessary, prompt and 24
appropriate corrective action. Sections 27-29 of this bill set forth similar provisions 25
for institutions within the System. 26
Sections 17 and 30 of this bill: (1) require the board of trustees of each school 27
district and authorize an institution within the System, respectively, to designate 28
one employee to serve as a confidential employee; and (2) set forth the 29
responsibilities of the confidential employee. Sections 17 and 30 additionally 30
require the board of trustees of each school district and authorize the Board of 31
Regents, respectively, to: (1) direct a civil rights coordinator to perform certain 32
duties; (2) address reports of retaliation against a complainant, reporting party or 33
witness; and (3) prohibit a school district or institution within the System, as 34
applicable, from taking certain actions, including, without limitation, disciplinary 35
actions, against a complainant, reporting party or witness. 36
Sections 3-13 of this bill define certain terms for the purposes of sections 14-37
17. Sections 20-26 of this bill define certain terms for the purposes of sections 27-38
30. Section 31 provides that: (1) the terms defined in sections 20-26 apply to 39
provisions governing the handling of power-based violence at institutions within 40
the System; and (2) certain terms relating to power-based violence apply to 41
sections 20-30. 42
Section 32 of this bill revises the definition of the term “complainant” to 43
include a student or employee of an institution within the System who is alleged to 44
be the victim of conduct that could constitute harassment. (NRS 396.126) Section 45
33 of this bill revises the term “respondent” to include a person reported for 46
conduct that could constitute harassment. (NRS 396.131) Section 34 of this bill 47
revises the definition of “sexual harassment” to conform with the definition for the 48
term “sexual harassment” used for the purposes of public schools, as set forth in 49
section 10. (NRS 396.133) Section 35 of this bill revises the definition of the term 50
“supportive measures” to reflect a change in the citation to the relevant federal 51
regulation. (NRS 396.137) 52
Existing law authorizes the Board of Regents to appoint researchers to develop 53
a climate survey on power-based violence designed to be administered at 54
institutions within the System. (NRS 396.142) If the Board of Regents requires 55
administration of the survey, existing law additionally sets forth: (1) requirements 56
for the contents and offering of the survey; and (2) the duties of the Board of 57
Regents in storing and disseminating the responses to the survey. (NRS 396.1425, 58
396.143) Under existing law, the Board of Regents is authorized to: (1) prohibit an 59
institution within the System from subjecting a complainant, reporting party or 60
witness who reports an alleged incident of power-based violence to disciplinary 61
proceedings for certain violations of policies on student conduct; and (2) require an 62
institution within the System to review such disciplinary action to determine if 63
there is a connection between the alleged incident of power-based violence and the 64
misconduct that led to such disciplinary action. (NRS 396.151) Section 18 of this 65
bill similarly authorizes the board of trustees of each school district to prohibit a 66
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school within the school district from subjecting a complainant, reporting party or 67
witness who reports an alleged incident of harassment to disciplinary proceedings 68
under certain circumstances. Section 22: (1) defines the term “harassment” for the 69
purposes of provisions relating to harassment at institutions within the System; and 70
(2) includes incidents of power-based violence as incidents of harassment. Sections 71
37-41 of this bill replace the term “power-based violence” with “harassment,” 72
thereby: (1) authorizing the Board of Regents to appoint researchers to develop a 73
climate survey on harassment; and (2) applying the provisions of those sections to 74
incidents of harassment, as defined in section 22. 75
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 18, inclusive, of this 2
act. 3
Sec. 2. As used in sections 2 to 18, inclusive, of this act, 4
unless the context otherwise requires, the words and terms defined 5
in sections 3 to 13, inclusive, of this act have the meanings 6
ascribed to them in those sections. 7
Sec. 3. 1. “Authorized person” means a person authorized 8
by the board of trustees of a school district or a school within the 9
school district to provide an aid, benefit, service or opportunity 10
through an education program or activity of the school district or 11
a school within the school district. 12
2. The term includes, without limitation, a: 13
(a) Vendor; 14
(b) Contractor; 15
(c) Member of the board of trustees of the school district; 16
(d) Volunteer, as defined in NRS 391.1035; and 17
(e) Guest speaker. 18
Sec. 4. “Civil rights coordinator” means a person who serves 19
as a Title IX coordinator, Title VI coordinator or a section 504 20
coordinator for a school district or public school in this State. 21
Sec. 5. “Complainant” means a pupil or employee of a 22
school district who is alleged to be the victim of conduct that could 23
constitute harassment. 24
Sec. 6. “Harassment” means: 25
1. Conduct that, on the basis of an actual or perceived 26
protected characteristic of a person or his or her association with 27
an actual or perceived protected characteristic of another person, 28
whether direct or indirect, verbal or nonverbal or in person or by 29
virtual or electronic means, negatively affects the ability of the 30
person to participate in or receive an aid, benefit, service or 31
opportunity from an education program or activity of a school 32
district or public school in this State, including, without limitation, 33
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by creating an intimidating, hostile or abusive educational or work 1
environment; 2
2. Sexual harassment; or 3
3. An incident of power-based violence, as defined in 4
NRS 396.1285. 5
Sec. 7. “Protected characteristic” means the race, color, 6
religion, ancestry, national origin, physical or mental disability, 7
familial status, sex, sexual orientation or gender identity or 8
expression of a person. 9
Sec. 8. “Respondent” means a person alleged to have 10
engaged in conduct that could constitute harassment. 11
Sec. 9. “Section 504 coordinator” means an employee 12
designated by the board of trustees of the school district or the 13
principal of a school within the district to coordinate compliance 14
by the school district or school with section 504 of the 15
Rehabilitation Act of 1973, 29 U.S.C. § 794. 16
Sec. 10. “Sexual harassment” means conduct that, on the 17
basis of sex, whether direct or indirect, implicit or explicit, verbal 18
or nonverbal or in person or via virtual or electronic means, takes 19
the form of: 20
1. Conduct by an agent, employee or authorized person that 21
implicitly or explicitly conditions the provision of an aid, benefit, 22
service or opportunity through an education program or activity 23
on the participation of a person in a sexual act, regardless of 24
whether the person assents to or refuses to participate in the 25
sexual act. Such conduct includes, without limitation: 26
(a) A sexual advance; 27
(b) A request for sexual favors; or 28
(c) Other conduct of a sexual nature. 29
2. Unwelcome sexual advances, requests for sexual favors 30
and conduct of a sexual nature or evincing gender bias that 31
negatively affects the ability of a person to participate in or receive 32
an aid, benefit, service or opportunity from an education program 33
or activity of a public school or school district, including, without 34
limitation, by creating an intimidating, hostile or abusive 35
educational or work environment which may interfere with the 36
academic or occupational performance of the person. 37
3. Power-based violence, as defined in NRS 396.1285. 38
Sec. 11. “Supportive measures” has the meaning ascribed to 39
it in 34 C.F.R. § 106.2. 40
Sec. 12. “Title VI coordinator” means a person designated 41
by the board of trustees of a school district or the principal of a 42
school within the school district to coordinate compliance by the 43
school district or school with Title VI of the Civil Rights Act of 44
1964, 42 U.S.C. §§ 2000d et seq. 45
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Sec. 13. “Title IX coordinator” means a person designated 1
by the board of trustees of a school district or the principal of a 2
school within the school district to: 3
1. Oversee compliance by the school or school district with 4
the provisions of Title IX of the Education Amendments Act of 5
1972, 20 U.S.C. §§ 1681 et seq.; 6
2. Receive notice of instances of discrimination on the basis 7
of sex within the school or school district, as applicable; 8
3. Contact a complainant about supportive measures and 9
options for reporting grievances; and 10
4. Oversee the grievance process of the school or school 11
district, as applicable. 12
Sec. 14. Except as otherwise provided in section 16 of this 13
act, a school district is civilly liable if, regardless of where an 14
incident of harassment occurs: 15
1. An agent, employee or authorized person of the school 16
district engages in harassment against a person who participates 17
in or receives an aid, benefit, service or opportunity from an 18
education program or activity of the school district or a school 19
within the school district, or who attempts to participate in or 20
receive any aid, benefit, service or opportunity from such a 21
program or activity, if: 22
(a) The incident of harassment is enabled or assisted by the 23
authority exercised as an agent, employee or authorized person of 24
the school district; or 25
(b) The school district receives notice of the harassment; or 26
2. A person who is not an agent, employee or authorized 27
person of the school district engages in harassment against a 28
person who participates in or receives an aid, benefit, service or 29
opportunity from the education program or activity of the school 30
district or a school within the school district, or who attempts to 31
participate in or receive any aid, benefit, service or opportunity 32
from such a program or activity, if the school district receives 33
notice of the harassment. 34
Sec. 15. A school district receives notice of harassment if an 35
agent, employee or authorized person knew or, in the exercise of 36
reasonable care, should have known, about the harassment, and: 37
1. The agent, employee or authorized person: 38
(a) Has the authority to take action to address the harassment; 39
(b) Has the responsibility to report harassment or similar 40
misconduct to an administrator; or 41
(c) Receives a report of harassment from a person who 42
reasonably believes that the agent, employee or authorized person 43
holds the authority or responsibility described in paragraph (a) or 44
(b), as applicable; and 45
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2. The agent, employee or authorized person was not 1
prevented from taking action or reporting the harassment by any 2
privilege which exists at common law, by statute or otherwise. 3
Sec. 16. 1. A school district is immune from civil liability 4
pursuant to section 14 of this act if the school district 5
demonstrates that it exercised reasonable care to prevent the 6
harassment and promptly remedy the effects of the harassment, 7
including, without limitation, through a demonstration by the 8
school district that it: 9
(a) Established, adequately published and enforced, as 10
applicable: 11
(1) A comprehensive policy to prevent harassment; 12
(2) An annual training session concerning harassment that 13
is given to all pupils and employees within the school district; and 14
(3) A harassment complaint procedure that is likely to 15
provide a redress of grievances and avoid harm to the complainant 16
without exposing him or her to unreasonable risk, effort or 17
expense; 18
(b) Within 3 school days after receiving notice of an instance 19
of harassment, provided supportive measures to preserve and 20
restore access to the education program or activity of the school 21
district or school within the school district for the complainant, 22
regardless of whether the complainant requests an investigation 23
into the harassment; 24
(c) If requested by a complainant, or his or her parent or legal 25
guardian if he or she is a minor, or otherwise necessary to protect 26
the complainant or other persons in the education program or 27
activity from a significant ongoing threat of harm, undertook a 28
prompt, thorough and impartial investigation of the incident of 29
harassment; 30
(d) If informed consent is obtained from a complainant and 31
from the person alleged to have committed harassment, or the 32
parent or legal guardian of either person if either person is a 33
minor, facilitated a disciplinary process in accordance with 34
practices based on restorative justice, as defined in NRS 392.472; 35
and 36
(e) Took other necessary, prompt and appropriate corrective 37
action designed to stop the harassment, prevent its recurrence and 38
remedy its effects. 39
2. To assert an affirmative defense pursuant to this section, a 40
school district must establish that it acted with reasonable care as 41
required by paragraphs (a) to (e), inclusive, of subsection 1, even 42
if additional incidents of harassment did not occur after the school 43
district first received notice of the harassment. 44
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Sec. 17. 1. The board of trustees of each school district 1
must designate at least one employee of the school district to serve 2
as the confidential employee for the school district. A confidential 3
employee designated pursuant to this section is not required to 4
report instances of harassment to a civil rights coordinator. When 5
an incident of harassment is disclosed and does not rise to the 6
level of abuse or neglect for which a report is required pursuant to 7
NRS 392.303, a confidential employee is not required to report the 8
incident to law enforcement. 9
2. A confidential employee must inform a person who 10
discloses allegations of harassment: 11
(a) How to report the allegations of harassment to a civil rights 12
coordinator; 13
(b) How a civil rights coordinator can assist the person who 14
disclosed the allegations of harassment; and 15
(c) That the confidential employee will not report the 16
allegations of harassment to a civil rights coordinator. 17
3. A civil rights coordinator, or his or her designee, at each 18
school district shall, upon receiving notice of allegations of 19
harassment, notify the complainant, in an age-appropriate and 20
accessible manner, in writing or orally, about resources and 21
services available to the complainant to ensure his or her access to 22
education programs or activities, including, without limitation: 23
(a) Supportive measures, including, without limitation: 24
(1) Adapting course schedules, assignments or 25
examinations; 26
(2) Issuing no-contact orders; 27
(3) Providing counseling services; 28
(4) Altering activities or employment; 29
(5) Adjusting grades or transcripts; 30
(6) Preserving eligibility for leadership positions, 31
scholarships and other education programs or activities, 32
regardless of requirements concerning attendance or grade point 33
averages; 34
(7) Permitting absences, leaves of absence; or 35
(8) Increasing monitoring or supervision at locations or 36
during activities where the harassment is alleged to have 37
occurred; 38
(b) Information about community-based support services, 39
including, without limitation: 40
(1) Counseling services, mental health resources, substance 41
misuse resources and other health services; 42
(2) Legal advocates, housing advocates and advocates for 43
victims; and 44
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(3) Any services provided as the result of an active 1
memorandum of understanding required pursuant to NRS 2
388.1347; and 3
(c) Reasonable accommodations for complainants and 4
respondents with disabilities, including, without limitation, pre-5
existing disabilities and disabilities arising from the harassment, 6
consistent with federal and state law, including, without 7
limitation: 8
(1) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 9
§ 794; 10
(2) The Americans with Disabilities Act of 1990, 42 U.S.C. 11
§§ 12101 et seq.; and 12
(3) The Individuals with Disabilities Education Act, 20 13
U.S.C. §§ 1400 et seq. 14
Sec. 18. 1. A school district shall: 15
(a) Require a civil rights coordinator, or his or her designee, to 16
review any disciplinary actions against a complainant, reporting 17
party or witness to ensure it does not discriminate against or 18
harass the person on the basis of a protected characteristic; and 19
(b) Address reports of retaliation against a complainant, 20
reporting party or witness, including, without limitation, 21
investigating or disciplining a person who engages in retaliation. 22
2. A school district shall not: 23
(a) Discipline a complainant, reporting party or witness for a 24
report of harassment that is deemed false for which the school 25
district has decided that there is insufficient evidence for a finding 26
of responsibility or for which the respondent is found to not be 27
responsible for an incident of harassment; 28
(b) Discipline a complainant, reporting party or witness for a 29
complaint of alleged misconduct that the school district knew or 30
should have known was filed by a respondent or other person for 31
the purpose of retaliation; 32
(c) Require a complainant, reporting party or witness to leave 33
an education program or activity of the school district or a school 34
within the school district because the complainant reported an 35
incident of harassment; or 36
(d) Require a complainant to enter a confidentiality agreement 37
as a prerequisite to obtaining supportive measures, participating 38
in an investigation or informal resolution or asserting any other 39
rights under federal or state law and shall not discipline a 40
complainant, reporting party or witness for violating a 41
confidentiality agreement that is impermissible pursuant to this 42
paragraph, unless otherwise permitted by federal or state law. 43
3. The board of trustees of a school district may prohibit a 44
school within the school district from subjecting a complainant, 45
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reporting party or witness who reports an alleged incident of 1
harassment to a disciplinary proceeding pursuant to chapter 392 2
of NRS for a violation of a policy on the conduct of pupils related 3
to drug or alcohol use, trespassing or unauthorized entry of school 4
facilities or other violation of a policy of the school district that 5
occurred during or related to an alleged incident of harassment, 6
unless the board of trustees of the school district determines that 7
the: 8
(a) Report of an alleged incident of harassment was not made 9
in good faith; or 10
(b) Violation of a policy on the conduct of pupils was 11
egregious, including, without limitation, a violation that poses a 12
risk to the health or safety of another person. 13
4. The board of trustees of each school district may require a 14
school within the school district to review any disciplinary action 15
taken against a complainant, reporting party or witness to 16
determine if there is any connection between the alleged incident 17
of harassment and the misconduct that led to the pupil being 18
disciplined. 19
Sec. 19. Chapter 396 of NRS is hereby amended by adding 20
thereto the provisions set forth as sections 20 to 30, inclusive, of this 21
act. 22
Sec. 20. 1. “Authorized person” means a person authorized 23
by an institution within the System to provide an aid, benefit, 24
service or opportunity through an education program or activity of 25
the institution. 26
2. The term includes, without limitation, a: 27
(a) Vendor; 28
(b) Contractor; 29
(c) Volunteer; or 30
(d) Guest speaker. 31
Sec. 21. “Civil rights coordinator” means a person who 32
serves as a Title IX coordinator, Title VI coordinator or a section 33
504 coordinator at an institution within the System. 34
Sec. 22. “Harassment” means: 35
1. Conduct that, on the basis of an actual or perceived 36
protected characteristic of a person or his or her association with 37
an actual or perceived protected characteristic of another person, 38
whether direct or indirect, verbal or nonverbal or in person or by 39
virtual or electronic means, negatively affects the ability of the 40
person to participate in or receive an aid, benefit, service or 41
opportunity from an education program or activity of an 42
institution within the System, including, without limitation, by 43
creating an intimidating, hostile or abusive educational or work 44
environment; 45
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2. Sexual harassment; or 1
3. An incident of power-based violence. 2
Sec. 23. “Protected characteristic” means the race, color, 3
religion, ancestry, national origin, physical or mental disability, 4
familial status, sex, sexual orientation or gender identity or 5
expression of a person. 6
Sec. 24. “Section 504 coordinator” means an employee who 7
is designated by the institution to coordinate compliance by the 8
institution with section 504 of the Rehabilitation Act of 1973, 29 9
U.S.C. § 794. 10
Sec. 25. “Title VI coordinator” means a person designated 11
by an institution within the System to coordinate compliance by 12
the institution with Title VI of the Civil Rights Act of 1964, 42 13
U.S.C. §§ 2000d et seq. 14
Sec. 26. “Title IX coordinator” means a person designated 15
by an institution within the System to: 16
1. Oversee compliance by the institution with the provisions 17
of Title IX of the Education Amendments Act of 1972, 20 U.S.C. 18
§§ 1681 et seq.; 19
2. Receive notice of instances of discrimination on the basis 20
of sex within the institution; 21
3. Contact a complainant about supportive measures and 22
options for reporting grievances; and 23
4. Oversee the grievance process set forth by the institution. 24
Sec. 27. Except as otherwise provided in section 29 of this 25
act, an institution within the System is civilly liable if, regardless 26
of where an incident of harassment occurs: 27
1. An agent, employee or authorized person of the institution 28
engages in harassment against a person who participates in or 29
receives an aid, benefit, service or opportunity from an education 30
program or activity of the institution, or who attempts to 31
participate in or receive any aid, benefit, service or opportunity 32
from such a program or activity, if: 33
(a) The incident of harassment is enabled or assisted by the 34
authority exercised as an agent, employee or authorized person of 35
the institution; or 36
(b) The institution receives notice of the harassment. 37
2. A person who is not an agent, employee or authorized 38
person of the institution engages in harassment against a person 39
who participates in or receives an aid, benefit, service or 40
opportunity from an education program or activity of the 41
institution, or who attempts to participate in or receive any aid, 42
benefit, service or opportunity from such a program or activity, if 43
the institution receives notice of the harassment. 44
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Sec. 28. An institution within the System receives notice of 1
harassment if an agent, employee or authorized person knew or, in 2
the exercise of reasonable care, should have known, about the 3
harassment, and: 4
1. The agent, employee or authorized person: 5
(a) Has the authority to take action to address the harassment; 6
(b) Has the responsibility to report harassment or similar 7
misconduct to an administrator or supervisor employed by the 8
institution; or 9
(c) Receives a report of harassment from a person who 10
reasonably believes that the agent, employee or authorized person 11
holds the authority or responsibility described in paragraph (a) or 12
(b), as applicable; and 13
2. The agent, employee or authorized person was not 14
prevented from taking action or reporting the harassment by any 15
privilege which exists at common law, by statute or otherwise. 16
Sec. 29. 1. An institution within the System is immune 17
from civil liability pursuant to section 27 of this act if the 18
institution demonstrates that it exercised reasonable care to 19
prevent the harassment and promptly remedy the effects of the 20
harassment, including, without limitation, through a 21
demonstration by the institution that it: 22
(a) Established, adequately published and enforced, as 23
applicable: 24
(1) A comprehensive policy to prevent harassment; 25
(2) An annual training session concerning harassment that 26
is given to all students and employees; and 27
(3) A harassment complaint procedure that is likely to 28
provide a redress of grievances and avoid harm to the complainant 29
without exposing him or her to unreasonable risk, effort or 30
expense; 31
(b) Within 3 school days after receiving notice of an incident 32
of harassment, provided supportive measures to preserve and 33
restore access to the education program or activity of the 34
institution for the complainant, regardless of whether the 35
complainant requests an investigation pursuant to NRS 396.155; 36
(c) If requested by a complainant, or his or her parent or legal 37
guardian if he or she is a minor, or otherwise necessary to protect 38
the complainant or other persons in the education program or 39
activity from a significant ongoing threat of harm, undertook a 40
prompt, thorough and impartial investigation of the incident of 41
harassment; and 42
(d) Took other necessary, prompt and appropriate corrective 43
action designed to stop the harassment, prevent its recurrence and 44
remedy its effects. 45
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2. To assert an affirmative defense pursuant to this section, 1
an institution within the System must establish that it acted with 2
reasonable care as required by paragraphs (a) to (d), inclusive, of 3
subsection 1, even if additional incidents of harassment did not 4
occur after the institution first received notice of the harassment. 5
Sec. 30. 1. Each institution within the System may 6
designate at least one employee to serve as the confidential 7
employee for the institution. A confidential employee designated 8
pursuant to this section is not required to report instances of 9
harassment to a civil rights coordinator. When an incident of 10
harassment is disclosed by a student who is less than 18 years 11
of age and does not rise to the level of child abuse, a confidential 12
employee is not required to report the incident to law enforcement. 13
2. A confidential employee must inform a person who 14
discloses allegations of harassment: 15
(a) How to report the allegations of harassment to a civil rights 16
coordinator; 17
(b) How a civil rights coordinator can assist the person who 18
disclosed the allegations of harassment; and 19
(c) That the confidential employee will not report the 20
allegations of harassment to a civil rights coordinator. 21
3. The Board of Regents may direct the civil rights 22
coordinator, or his or her designee, at each institution within the 23
System to, upon receiving notice of allegations of harassment, 24
notify the complainant, in an accessible manner, in writing or 25
orally, about resources and services available to the complainant 26
to ensure his or her access to education programs or activities, 27
including, without limitation: 28
(a) Supportive measures, including, without limitation: 29
(1) Adapting course schedules, assignments or 30
examinations; 31
(2) Issuing no-contact orders; 32
(3) Providing counseling services; 33
(4) Altering activities, housing assignments or employment; 34
(5) Adjusting grades or transcripts; 35
(6) Preserving eligibility for leadership positions, 36
scholarships and other education programs or activities, 37
regardless of requirements concerning attendance or grade point 38
averages; 39
(7) Providing services for being escorted around campus; 40
or 41
(8) Increasing monitoring or supervision at locations or 42
during activities where the incident of harassment is alleged to 43
have occurred; 44
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(b) Information about community-based support services, 1
including, without limitation: 2
(1) Counseling services, mental health resources, substance 3
misuse resources and other health services; 4
(2) Legal advocates, housing advocates and advocates for 5
victims; and 6
(3) Any services provided as the result of an active 7
memorandum of understanding entered into pursuant to NRS 8
396.147; and 9
(c) Reasonable accommodations for complainants and 10
respondents with disabilities, including, without limitation, pre-11
existing disabilities and disabilities arising from the harassment, 12
consistent with federal and state law, including, without 13
limitation: 14
(1) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 15
§ 794; 16
(2) The Americans with Disabilities Act of 1990, 42 U.S.C. 17
§§ 12101 et seq.; and 18
(3) The Individuals with Disabilities Education Act, 20 19
U.S.C. §§ 1400 et seq. 20
4. The Board of Regents may, for each institution within the 21
System: 22
(a) Require a civil rights coordinator, or his or her designee, to 23
review any disciplinary actions against a complainant, reporting 24
party or witness to ensure it does not discriminate against or 25
harass the person on the basis of a protected characteristic; and 26
(b) Address reports of retaliation against a complainant, 27
reporting party or witness, including, without limitation, 28
investigating or disciplining a person who engages in retaliation. 29
5. The Board of Regents may prohibit an institution within 30
the System from: 31
(a) Disciplining a complainant, reporting party or witness for a 32
report of harassment that is deemed false for which the institution 33
has decided that there is insufficient evidence for a finding of 34
responsibility or for which the respondent is found not responsible 35
for an incident of harassment; 36
(b) Disciplining a complainant, reporting party or witness for a 37
complaint of alleged misconduct that the institution knew or 38
should have known was filed by a respondent or other person for 39
the purpose of retaliation; 40
(c) Requiring a complainant, reporting party or witness to 41
leave an education program or activity of an institution because 42
the complainant reported an incident of harassment; or 43
(d) Requiring a complainant to enter a confidentiality 44
agreement as a prerequisite to obtaining supportive measures, 45
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participating in an investigation or informal resolution or 1
asserting any other rights under federal or state law or 2
disciplining a complainant, reporting party or witness for violating 3
a confidentiality agreement that is impermissible pursuant to this 4
paragraph, unless otherwise permitted by federal or state law. 5
6. As used in this section: 6
(a) “Child abuse” means physical injury of a nonaccidental 7
nature to a child less than 18 years of age. 8
(b) “Law enforcement” means an agency, office or bureau of 9
this State or a political subdivision of this State, the primary duty 10
of which is to enforce the law. 11
Sec. 31. NRS 396.125 is hereby amended to read as follows: 12
396.125 As used in NRS 396.125 to 396.1595, inclusive, and 13
sections 20 to 30, inclusive, of this act, unless the context otherwise 14
requires, the words and terms defined in NRS 396.126 to 396.138, 15
inclusive, and sections 20 to 26, inclusive, of this act have the 16
meanings ascribed to them in those sections. 17
Sec. 32. NRS 396.126 is hereby amended to read as follows: 18
396.126 “Complainant” means a student or employee of an 19
institution within the System who is alleged to be the victim of 20
conduct that could constitute power-based violence [.] or 21
harassment. 22
Sec. 33. NRS 396.131 is hereby amended to read as follows: 23
396.131 “Respondent” means a person who has been reported 24
to be the perpetrator of conduct that could constitute power-based 25
violence [.] or harassment. 26
Sec. 34. NRS 396.133 is hereby amended to read as follows: 27
396.133 “Sexual harassment” means conduct on the basis of 28
sex, whether direct or indirect, implicit or explicit, verbal or 29
nonverbal or in person or via virtual or electronic means, that 30
[satisfies one or more of the following:] takes the form of: 31
1. [An] Conduct by an authorized person, agent or employee 32
of an institution within the System [conditioning] that implicitly or 33
explicitly conditions the provision of an aid, benefit , [or] service [of 34
the] or opportunity through the education program or activity of 35
the institution [or the terms, conditions or privileges of the 36
participation of a person in the education programs or activities of 37
the institution] on [the] a person’s participation in [unwelcome] a 38
sexual [conduct, including,] act, regardless of whether the person 39
assents to or refuses to participate in the sexual act. Such conduct 40
includes, without limitation: 41
(a) A sexual advance; 42
(b) A request for sexual favors; or 43
(c) Other conduct of a sexual nature. 44
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2. Unwelcome sexual advances, requests for sexual favors and 1
conduct of a sexual nature or evincing gender bias [: 2
(a) That, in the educational environment, is made a term or 3
condition of a student’s academic status or, based on an objective 4
standard, is sufficiently severe, persistent or pervasive that it 5
interferes with, limits or effectively denies a student] that negatively 6
affects the ability of a person to participate in or [benefit from the 7
services, activities] receive an aid, benefit, service or [opportunities 8
offered by] opportunity from an education program or activity of 9
an institution within the System [. 10
(b) Where, in the workplace, submission to or rejection of the 11
sexual advances, requests for sexual favors or conduct is used as a 12
basis for decisions or evaluations related to academics or 13
employment or permission to participate in a service, activity or 14
opportunity offered by an institution within the System or that, 15
based on an objective standard, is sufficiently severe, persistent or 16
pervasive that it creates an intimidating, hostile or abusive work 17
environment which may or may not interfere with an employee’s 18
job performance.] , including, without limitation, by creating an 19
intimidating, hostile or abusive educational or work environment 20
which may interfere with the academic or occupational 21
performance of the person. 22
3. [Sexual assault, dating] Power-based violence . [, domestic 23
violence or stalking.] 24
Sec. 35. NRS 396.137 is hereby amended to read as follows: 25
396.137 “Supportive measures” has the meaning ascribed to it 26
in 34 C.F.R. § [106.30.] 106.2. 27
Sec. 36. NRS 396.1415 is hereby amended to read as follows: 28
396.1415 1. The Task Force on Power-Based Violence at 29
Institutions of Higher Education created by NRS 396.141 shall: 30
(a) Review the results of any climate survey on [power-based 31
violence] harassment administered at an institution within the 32
System; 33
(b) Examine current procedures and protocols for preventing, 34
intervening in or responding to instances of power-based violence 35
that are used at institutions within the System; 36
(c) Identify possible gaps in the services that are available for 37
victims of power-based violence at institutions within the System; 38
(d) Examine the correlation between social groups, campus life 39
and the incidence of power-based violence on the campus of each 40
institution within the System; 41
(e) Each year, hold a meeting open to the public to provide 42
recommendations to the Board of Regents on how to address power-43
based violence at institutions within the System; and 44
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(f) Not later than August 1 of each odd-numbered year, submit 1
to the Joint Interim Standing Committee on Education a written 2
report summarizing the findings of the Task Force, the data 3
collected from responses to any climate survey and any 4
recommendations regarding the prevention of, intervention in or 5
response to incidences of power-based violence occurring at 6
institutions within the System. 7
2. A meeting held pursuant to subsection 1 is not subject to the 8
provisions of chapter 241 of NRS. 9
Sec. 37. NRS 396.142 is hereby amended to read as follows: 10
396.142 1. To the extent that money is available, the Board 11
of Regents may appoint researchers employed at one or more 12
institutions within the System to develop a climate survey on 13
[power-based violence] harassment designed to be administered at 14
institutions within the System. The climate survey on [power-based 15
violence] harassment must: 16
(a) Gather institution-specific data regarding the prevalence of 17
gender-based harassment and discrimination; 18
(b) Be fair and unbiased; 19
(c) Be scientifically valid and reliable; and 20
(d) Meet the highest standards of survey research. 21
2. If appointed to develop a climate survey on [power-based 22
violence,] harassment, the researchers shall: 23
(a) Use best practices from peer-reviewed research; 24
(b) Consult with persons with expertise in the development and 25
use of climate surveys on [power-based violence] harassment at 26
institutions of higher education; 27
(c) Consult with a student government association; 28
(d) Review climate surveys on [power-based violence] 29
harassment which have been developed and implemented by 30
institutions of higher education, including, without limitation, 31
institutions in other states; 32
(e) Provide opportunity for written comment from organizations 33
that assist victims of [power-based violence] harassment to ensure 34
the adequacy and appropriateness of any proposed content of the 35
climate survey on [power-based violence;] harassment; 36
(f) Consult with institutions within the System on strategies for 37
optimizing the effectiveness of the climate survey on [power-based 38
violence;] harassment; and 39
(g) Account for the diverse needs and differences of the 40
institutions within the System. 41
3. If a climate survey on [power-based violence] harassment is 42
developed, the climate survey must request information on topics 43
related to [power-based violence.] harassment. The topics may 44
include, without limitation: 45
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- *AB465*
(a) The estimated number of alleged incidents of [power-based 1
violence,] harassment, both reported and not reported, at an 2
institution within the System, if a student taking the survey has 3
knowledge of such information; 4
(b) When and where an alleged incident of [power-based 5
violence] harassment occurred; 6
(c) Whether an alleged incident of [power-based violence] 7
harassment was perpetrated by a student, faculty member, staff 8
member of an institution within the System, third party vendor or 9
another person; 10
(d) Awareness of a student of the policies and procedures related 11
to [power-based violence] harassment at an institution; 12
(e) Whether a student reported an alleged incident of [power-13
based violence] harassment and: 14
(1) If the incident was reported, to which campus resource or 15
law enforcement agency a report was made; and 16
(2) If the incident was not reported, the reason the student 17
chose not to report the incident; 18
(f) Whether a student who reported an alleged incident of 19
[power-based violence] harassment was: 20
(1) Offered supportive measures by an institution; 21
(2) Informed of, aware of or referred to campus, local or state 22
resources for support for victims, including, without limitation, 23
appropriate medical care and legal services; and 24
(3) Informed of the prohibition against retaliation for 25
reporting an alleged incident of [power-based violence;] 26
harassment; 27
(g) Contextual factors in an alleged incident of [power-based 28
violence,] harassment, such as the involvement of force, 29
incapacitation or coercion; 30
(h) Demographic information that could be used to identify at-31
risk groups, including, without limitation, the gender, race, 32
ethnicity, national origin, economic status, disability, gender identity 33
or expression, immigration status and sexual orientation of the 34
student taking the climate survey on [power-based violence;] 35
harassment; 36
(i) Perceptions a student has of campus safety; 37
(j) Whether a student has confidence in the ability of the 38
institution to protect against and respond to alleged incidents of 39
[power-based violence;] harassment; 40
(k) Whether a student chose to withdraw or take a leave of 41
absence from the institution or transfer to another institution because 42
the student is the complainant or respondent in an alleged incident 43
of [power-based violence;] harassment; 44
– 18 –
- *AB465*
(l) Whether a student withdrew from any classes or was placed 1
on academic probation, disciplinary probation or otherwise 2
disciplined as a result of an alleged incident of [power-based 3
violence;] harassment; 4
(m) Whether a student experienced any financial impact as a 5
result of an alleged incident of [power-based violence;] harassment; 6
(n) Whether a student experienced any negative health impacts 7
as a result of an alleged incident of [power-based violence,] 8
harassment, including, without limitation, post-traumatic stress 9
disorder, anxiety, depression, chronic pain or an eating disorder; 10
(o) The perception of the participants in the survey of the 11
attitudes of the community toward [power-based violence,] 12
harassment, including, without limitation, the willingness of a 13
person to intervene in an ongoing incident of [power-based 14
violence] harassment as a bystander; and 15
(p) Any other questions as determined necessary by the 16
researchers. 17
4. The climate survey on [power-based violence] harassment 18
must provide an option for students to decline to answer a question. 19
5. The climate survey on [power-based violence] harassment 20
must be provided to the Task Force on Power-Based Violence at 21
Institutions of Higher Education created pursuant to NRS 396.141 22
for comment. 23
Sec. 38. NRS 396.1425 is hereby amended to read as follows: 24
396.1425 1. To the extent that money is available, the Board 25
of Regents may require each institution within the System to 26
conduct a climate survey on [power-based violence] harassment at 27
the institution biennially. 28
2. A climate survey on [power-based violence] harassment 29
conducted pursuant to subsection 1 must include the questions 30
developed by researchers employed at an institution within the 31
System pursuant to NRS 396.142. If an institution within the System 32
includes additional questions on a climate survey on [power-based 33
violence] harassment pursuant to subsection 1, the questions must 34
not be unnecessarily traumatizing for a victim of an alleged incident 35
of [power-based violence.] harassment. 36
3. If an institution within the System conducts a climate survey 37
on [power-based violence] harassment pursuant to subsection 1, the 38
institution shall: 39
(a) Provide the survey to each student at the institution, 40
including, without limitation, students studying abroad; 41
(b) Not require the disclosure of personally identifiable 42
information by a participant in the climate survey on [power-based 43
violence;] harassment; 44
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- *AB465*
(c) Work to ensure an adequate number of students complete the 1
survey to achieve a random and representative sample size of 2
students; 3
(d) Within 120 days after completion of the climate survey on 4
[power-based violence:] harassment: 5
(1) Compile a summary of the responses to the survey; and 6
(2) Submit the summary of responses to the Board of 7
Regents; and 8
(e) Post on the Internet website maintained by the institution in a 9
manner that does not disclose personally identifiable information of 10
any person, the summary of the responses to the climate survey on 11
[power-based violence.] harassment. 12
4. A climate survey on [power-based violence] harassment 13
must be administered electronically by an institution within the 14
System and provide reasonable accommodations for students with a 15
disability. 16
5. An institution within the System may obtain a waiver from 17
the Board of Regents to not administer a climate survey on [power-18
based violence] harassment pursuant to this section due to the 19
financial circumstances of the institution. 20
6. An institution within the System may apply for and accept 21
any gifts, grants, donations, bequests or other money from any 22
source to carry out the provisions of this section. 23
7. Any data or reports that underlie the summaries generated 24
pursuant to subsection 3 are confidential and are not a public record 25
for the purposes of chapter 239 of NRS. 26
Sec. 39. NRS 396.143 is hereby amended to read as follows: 27
396.143 1. If the Board of Regents requires an institution 28
within the System to conduct a climate survey on [power-based 29
violence] harassment pursuant to NRS 396.1425, the Board of 30
Regents shall to the extent that money is available: 31
(a) Provide a copy of the questions developed by the researchers 32
employed at an institution within the System pursuant to NRS 33
396.142 to each institution within a reasonable time after the Board 34
of Regents receives the questions from the researchers; 35
(b) Establish a repository for the summaries of the climate 36
survey on [power-based violence] harassment submitted by each 37
institution pursuant to NRS 396.1425; 38
(c) Post each summary of the responses to a climate survey on 39
[power-based violence] harassment submitted by an institution 40
pursuant to NRS 396.1425 on the Internet website maintained by the 41
Board of Regents in a manner that does not disclose personally 42
identifiable information of any person; 43
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(d) Adopt a policy on the dissemination, collection and 1
summation of the responses to the climate survey on [power-based 2
violence;] harassment; and 3
(e) On or before February 1 of each odd-numbered year, report 4
the summaries of the climate survey on [power-based violence] 5
harassment submitted by an institution pursuant to NRS 396.1425 6
to the Director of the Legislative Counsel Bureau for transmittal to 7
the Senate and Assembly Standing Committees on Education. 8
2. Any data or reports that underlie the summaries generated 9
pursuant to subsection 1 are confidential and are not a public record 10
for the purposes of chapter 239 of NRS. 11
Sec. 40. NRS 396.151 is hereby amended to read as follows: 12
396.151 1. The Board of Regents may prohibit an institution 13
within the System from subjecting a complainant, reporting party or 14
witness who reports an alleged incident of [power-based violence] 15
harassment to a disciplinary proceeding or sanction for a violation 16
of a policy on student conduct related to drug or alcohol use, 17
trespassing or unauthorized entry of school facilities or other 18
violation of a policy of an institution that occurred during or related 19
to an alleged incident of [power-based violence] harassment unless 20
the institution determines that the: 21
(a) Report of an alleged incident of [power-based violence] 22
harassment was not made in good faith; or 23
(b) [The violation] Violation of a policy on student conduct was 24
egregious, including, without limitation, a violation that poses a risk 25
to the health or safety of another person. 26
2. The Board of Regents may require an institution within the 27
System to review any disciplinary action taken against a reporting 28
party or witness to determine if there is any connection between the 29
alleged incident of [power-based violence] harassment that was 30
reported and the misconduct that led to the reporting party or 31
witness being disciplined. 32
Sec. 41. NRS 396.1595 is hereby amended to read as follows: 33
396.1595 The Board of Regents may adopt regulations as 34
necessary to carry out the provisions of NRS 396.125 to 396.1595, 35
inclusive [.] , and sections 20 to 31, inclusive, of this act. 36
Sec. 42. This act becomes effective on July 1, 2025. 37
H