Law / United States / 
Nevada
Power-based violence at institutions of higher education: confidentiality of identities and personal information in surveys, reports and advocate services
NRS 396.1425, 396.143, 396.144, 396.149, 396.155, 396.159
In force since .
A sensitive categories rule binding government bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
What it requires
- If the Board of Regents requires a climate survey on power-based violence, do not require a participant to disclose personally identifiable information, and post the summary of responses on your website in a manner that does not disclose personally identifiable information of any person (NRS 396.1425(3)(b) and (e)).
- Treat the data or reports that underlie the climate survey summaries as confidential and not a public record for the purposes of chapter 239 of NRS (NRS 396.1425(7); NRS 396.143(2)).
- If you are the Board of Regents and have required climate surveys, then to the extent that money is available, post each summary of responses on the Board's website in a manner that does not disclose personally identifiable information of any person (NRS 396.143(1)(c)).
- If the Board of Regents requires it, and unless state or federal law otherwise requires, do not publicly disclose the identity of a complainant or respondent (NRS 396.144(4)).
- If you are an advocate designated by an institution, provide confidential services to students and employees and, unless state or federal law otherwise requires, do not disclose confidential information without the prior written consent of the student or employee who shared it (NRS 396.149(1)(d) and (f)).
- If the Board of Regents requires it, accept a request from a complainant who is 18 years of age or older to keep the complainant's identity confidential or to take no investigative or disciplinary action, and do not grant the request if state or federal law requires disclosure or further action; if you cannot grant the request, inform the complainant before disclosing the complainant's identity or initiating an investigation (NRS 396.155(1) and (5)(a)).
- If the Board of Regents requires an annual report on power-based violence, do not include personally identifiable information of a student or employee in it, and treat the data and reports that underlie it as confidential and not a public record for the purposes of chapter 239 of NRS (NRS 396.159(2) and (6)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
These sections limit disclosure of identities and personal information in power-based violence surveys, reports and advocate services. They name no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
If the Board of Regents requires an institution within the System to conduct a climate survey on power-based violence, the institution must not require a participant to disclose personally identifiable information. The institution must post its summary of the survey responses on its Internet website in a manner that does not disclose personally identifiable information of any person.
Data or reports that underlie the survey summaries are confidential and are not a public record for the purposes of chapter 239 of NRS. Unless otherwise required by state or federal law, an institution the Board of Regents requires to do so must not publicly disclose the identity of a complainant or respondent.
An advocate designated by an institution must provide confidential services to students and employees and, unless state or federal law otherwise requires, must not disclose confidential information without the prior written consent of the student or employee who shared the information.
If the Board of Regents so requires, an institution must accept a request from a complainant who is 18 years of age or older to keep the complainant's identity confidential or to take no investigative or disciplinary action against a respondent, and must not grant the request if state or federal law requires disclosure or further action.
An institution that cannot grant such a request must inform the complainant of the determination before disclosing the complainant's identity or initiating an investigation. A report that the Board of Regents requires an institution to submit each year on power-based violence must not contain any personally identifiable information of a student or employee of an institution within the System.
Data or reports that underlie the annual report are confidential and are not a public record for the purposes of chapter 239 of NRS. Chapter 542 of the 2021 Statutes of Nevada, Senate Bill 347, added the provisions on which this row rests to chapter 396 of NRS. Sections 1 to 11 and 12.5 to 29 of that act became effective on . Chapter 504 of the 2023 Statutes of Nevada, Assembly Bill 245, replaced the term sexual misconduct with power-based violence in these sections. That act became effective on .
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