Existing federal law prohibits discrimination based on sex in programs or activities of education that receive federal funding. (Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq.; 34 C.F.R. Part 106) Under existing federal regulations, an institution of higher education that receives federal funding must follow a grievance process that complies with Title IX to address formal complaints that allege an incident of sexual harassment that occurs in relation to an education program or activity of the institution, including, without limitation, incidents that occur on or off a campus of the institution. (34 C.F.R. §§ 106.44, 106.45) This bill generally expands the protections provided by Title IX. Sections 2.3-11 of this bill define relevant terms. Section 12 of this bill creates the Task Force on Sexual Misconduct at Institutions of Higher Education and prescribes the membership of the Task Force. Section 12.5 of this bill prescribes the duties of the Task Force. Section 13 of this bill authorizes the Board of Regents of the University of Nevada, to the extent money is available, to appoint researchers to develop a climate survey on sexual misconduct and prescribes the requirements of the climate survey. Section 14 of this bill authorizes the Board of Regents, to the extent money is available, to require an institution within the Nevada System of Higher Education to conduct a climate survey on sexual misconduct, and section 15 of this bill sets forth the duties of the Board of Regents regarding the climate survey. Section 16 of this bill authorizes the Board of Regents to require an institution to meet certain requirements related to the grievance process of the institution. Section 17 of this bill authorizes the Board of Regents to require an institution within the System to adopt a policy on sexual misconduct and sets forth certain requirements related to the adoption of the policy. Section 18 of this bill prescribes the information that must be included in a policy on sexual misconduct, if such a policy is required to be adopted by an institution. Section 19 of this bill authorizes the Board of Regents to require an institution to enter into a memorandum of understanding with an organization that assists persons involved in sexual misconduct, and sets forth the provisions that may be included in such a memorandum of understanding. Section 20 of this bill authorizes the Board of Regents to require an institution within the System to designate an advocate and provide training to the advocate. Section 21 of this bill sets forth the duties of the advocate if an advocate is designated by an institution. Under existing law, certain communications between a victim and a victim's advocate are deemed to be confidential. (NRS 49.2546) Existing law defines a victim's advocate as a person who works for certain programs within the System that provide assistance to victims of certain acts. (NRS 49.2545) Section 28 of this bill includes the provision of services pursuant to sections 2-27 of this bill to victims of sexual misconduct in the definition of a victim's advocate. Section 22 of this bill authorizes the Board of Regents to prohibit an institution within the System from sanctioning a complainant, reporting party or witness for violating a policy of student conduct that occurred during or related to an alleged incident of sexual misconduct. Section 23 of this bill authorizes the Board of Regents to require an institution within the System to provide training on the grievance process of the institution to certain employees. Section 24 of this bill authorizes the Board of Regents to require an institution within the System to provide programming on the awareness and prevention of sexual misconduct to students and employees of the institution. Section 24.3 of this bill authorizes the Board of Regents to require an institution within the System to determine the responsibility of a respondent for an alleged incident of sexual misconduct based on a preponderance of the evidence. Section 24.7 of this bill sets forth the requirements for conducting an investigation. Section 24.5 of this bill authorizes the Board of Regents to require an institution within the System to accept a request from a complainant who is at least 18 years of age to keep the identity of the complainant confidential unless state or federal law requires disclosure or further action. Section 24.9 of this bill authorizes an institution to issue a no-contact directive in certain circumstances. Section 24.95 of this bill authorizes a student who has experienced sexual misconduct to request a waiver from certain requirements of various scholarships or academic activities. Sections 27.1-27.9 of this bill make conforming changes relating to such a waiver. Section 25 of this bill authorizes the Board of Regents to require an institution within the System to submit an annual report to the Board of Regents on certain information relating to sexual misconduct. Section 25 also requires the Board of Regents to compile the reports and submit the compilation to the Director of the Department of Health and Human Services and to the Legislature or Legislative Committee on Education. Section 27 of this bill authorizes the Board of Regents to adopt regulations. Section 28.5 of this bill makes certain information generated pursuant to a climate survey on sexual misconduct and the annual report on sexual misconduct prepared by an institution within the System confidential. (NRS 293.010) Under existing law, the Board of Regents may not fix tuition charges against certain students. (NRS 396.540) Section 27.05 of this bill prohibits the Board of Regents from fixing tuition charges against: (1) students whose parent, legal guardian or spouse was stationed at a military installation associated with Nevada on the date the student is admitted to a university, state college or community college; and (2) students who graduated from a high school in this State, regardless of whether the student or the student's family is a bona fide resident. Existing law sets forth various requirements to obtain a scholarship or grant under the Governor Guinn Millennium Scholarship Program, the Silver State Opportunity Grant Program or the Nevada Promise Scholarship Program. (NRS 396.930, 396.952, 396.956, 396.9665) Section 27.5 of this bill removes a requirement to certify that the applicant is a citizen of or legal immigrant to the United States to receive a Millennium Scholarship. Sections 27.93 and 27.95 of this bill remove requirements to complete the Free Application for Federal Student Aid to receive a Silver State Opportunity Grant in certain circumstances. Sections 27.93 and 27.97 of this bill provide that a student may be eligible for a Silver State Opportunity Grant or a Nevada Promise Scholarship if the student graduated from a high school located in this State, regardless of whether the student is a bona fide resident. Existing law requires the Board of Regents to distribute scholarships under the Nevada Promise Scholarship Program first to students who complete the Free Application for Federal Student Aid and then, if there is money remaining for additional distributions, to students who are prohibited by federal law from completing the Free Application for Federal Student Aid. (NRS 396.968) Section 37.99 of this bill removes this requirement. Under existing federal law, a state may provide a qualified tuition program to help families pay for college education. (26 U.S.C. § 529) Existing state law establishes the Nevada Higher Education Prepaid Tuition Program and the Nevada College Savings Program. (NRS 353B.010-353B.190, 353B.300-353B.370) Section 28.7 of this bill prohibits a prepaid tuition program or college savings program from excluding a person or his or her family from participating in such a program based solely on the citizenship or immigration status of the person or his or her family.

Statutes affected:
As Introduced: 49.2545
Reprint 1: 396.585, 396.890, 396.930, 396.934, 396.945, 49.2545, 239.010
Reprint 2: 396.585, 396.890, 396.930, 396.934, 396.945, 49.2545, 239.010
Reprint 3: 396.540, 396.585, 396.890, 396.930, 396.934, 396.945, 396.952, 396.956, 396.9665, 396.968, 49.2545, 239.010, 241.016
As Enrolled: 396.540, 396.585, 396.890, 396.930, 396.934, 396.945, 396.952, 396.956, 396.9665, 396.968, 49.2545, 239.010, 241.016