Nevada Revised Statutes 396.156 – Investigation of incident of sexual misconduct; periodic updates; notice of findings; disciplinary action
1. In conducting an investigation of an alleged incident of sexual misconduct an institution within the System shall:
Terms Used In Nevada Revised Statutes 396.156
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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) Provide the complainant and the respondent the opportunity to identify witnesses and other evidence to assist the institution in determining whether an alleged incident of sexual misconduct has occurred;
(b) Inform the complainant and the respondent that any evidence available to the party but not disclosed during the investigation might not be considered at a subsequent hearing; and
(c) Ensure that questions and evidence of the sexual history or sexual predisposition of a complainant are not considered relevant unless the:
(1) Questions or evidence are directly relevant to prove that the conduct alleged to have been committed by the respondent was inflicted by another person; or
(2) Questions and evidence are relevant to demonstrate how the parties communicated consent in previous or subsequent consensual sexual conduct.
2. An institution within the System shall provide periodic updates on the investigation to the complainant and the respondent regarding the timeline of the investigation.
3. An institution within the System shall notify the complainant and the respondent of the findings of an investigation simultaneously.
4. If an institution within the System imposes any disciplinary action based on the findings of an investigation on a respondent, such disciplinary action must be imposed in accordance with the grievance process of the institution.