Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 396.149 - Duties and powers of advocate; notice; conflict of interest1. If an advocate is designated pursuant to NRS 396.148, the advocate shall: (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 power-based violence 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 power-based violence 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 power-based violence 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 power-based violence 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 power-based violence or the performance of services by an advocate pursuant to this section shall not constitute actual or constructive notice of an alleged incident of power-based violence 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.Added to NRS by 2021, 3677; A 2023, 3158Amended by 2023, Ch. 504,§7.8, eff. 7/1/2023.Added by 2021, Ch. 542,§21, eff. 7/1/2021.