Nevada Revised Statutes 396.149 – Duties and powers of advocate; notice; conflict of interest
1. If an advocate is designated pursuant to NRS 396.148, the advocate shall:
Terms Used In Nevada Revised Statutes 396.149
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- System: means the Nevada System of Higher Education. See Nevada Revised Statutes 396.005
(a) Inform a student or employee of, or provide resources about how to obtain information on:
(1) Options on how to report an alleged incident of sexual misconduct and the effects of each option;
(2) Counseling services available on a campus of the institution and through local community resources;
(3) Medical and legal services available on or off a campus of the institution;
(4) Available supportive measures;
(5) Counseling related to student loans;
(6) The grievance process of the institution and that the grievance process is not a substitute for the system of criminal justice;
(7) The role of local, state and federal law enforcement agencies;
(8) Any limits on the ability of the advocate to provide privacy or confidentiality to the student or employee; and
(9) A policy on sexual misconduct adopted by the institution pursuant to NRS 396.145;
(b) Notify the student or employee of his or her rights and the responsibilities of the institution regarding an order for protection, restraining order or injunction issued by a court;
(c) Unless otherwise required by state or federal law, not be required to report an alleged incident of sexual misconduct to the institution or a law enforcement agency;
(d) Provide confidential services to students and employees;
(e) Not provide confidential services to more than one party in a grievance process;
(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;
(g) Support a complainant or respondent in obtaining supportive measures to ensure the complainant or respondent has continued access to education; and
(h) Inform a student or employee that supportive measures may be available through disability services or the Title IX coordinator.
2. If an advocate is designated pursuant to NRS 396.148, the advocate may:
(a) If appropriate and if directed by a student or employee, assist the student or employee in reporting an alleged incident of sexual misconduct to the institution or a law enforcement agency; and
(b) Attend a disciplinary proceeding of the institution as the advisor or support person of a complainant.
3. Notice to an advocate of an alleged incident of sexual misconduct or the performance of services by an advocate pursuant to this section shall not constitute actual or constructive notice of an alleged incident of sexual misconduct to the institution within the System which designated the advocate pursuant to NRS 396.148.
4. 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 to a complainant or a respondent, the institution shall not discipline, penalize or otherwise retaliate against the advocate for advocating for the complainant or the respondent.