Nevada § 391.885 - Certain applicants for employment to submit additional information regarding prior employment; action based on such information must be brought in State; penalties for providing false or incomplete information

§ 391.885. Certain applicants for employment to submit additional information regarding prior employment; action based on such information must be brought in State; penalties for providing false or incomplete information

1. In addition to fulfilling the requirements for employment prescribed by NRS 388A.323 , 388A.515 , 388C.200 , 391.104 or 391.281 , as applicable, or fulfilling the requirements for the issuance of a license prescribed

by NRS 391.033 , any applicant for employment with a school district, charter school or university

school for profoundly gifted pupils who may have direct contact with pupils must,

as a condition to employment, submit to the board of trustees of the school district,

governing body of the charter school or governing body of the university school for

profoundly gifted pupils with which the applicant seeks to obtain employment, on a

form prescribed by the Department: (a) The name, address and telephone number for the applicant's current employer, any

former employer of the applicant that was a school or school district and any other

former employer with whom the applicant was employed in a position that involved direct

contact with children; (b) Any other contact information for an employer or former employer described in

paragraph (a) prescribed by the board of trustees of the school district, governing

body of the charter school or governing body of the university school for profoundly

gifted pupils with which the applicant seeks to obtain employment; (c) Written authorization for an employer or former employer described in paragraph

(a) to release the information prescribed in NRS 391.890 ; and (d) A written statement indicating whether the applicant has: (1) Except as otherwise provided in this subparagraph, been the subject of an investigation

concerning an alleged sexual offense conducted by an employer, licensing agency, law

enforcement agency, agency which provides child welfare services, agency which provides

child protective services or a similar agency. The applicant is not required to provide the information described in this subparagraph

if, after investigating the alleged violation, the employer or agency determined that

the allegations were false, unfounded, unsubstantiated or inconclusive. (2) Been discharged, disciplined, had a contract not renewed, asked to resign from

employment, resigned from employment or otherwise separated from employment while

an investigation concerning an alleged sexual offense was pending or upon conclusion

of such an investigation, and was found, upon conclusion of the investigation, to

have committed the sexual offense. (3) Had a license or certificate suspended or revoked or has been required to surrender

a license or certificate while an investigation concerning an alleged sexual offense

was pending or upon conclusion of such an investigation and was found, upon conclusion

of the investigation, to have committed the sexual offense. 2. Any action brought by an applicant for employment described in subsection 1 against

a board of trustees, the governing body of a charter school or the governing body

of a university school for profoundly gifted pupils, or an employee thereof, which

is based upon information obtained by the board of trustees or the governing body

with which the applicant seeks employment to determine the fitness of the applicant

for employment, including, without limitation, an action for defamation, must be brought

in a court in the State of Nevada and governed by the laws of this State. The provisions of this subsection shall not be deemed to waive any immunity from

liability to which the board of trustees or governing body, as applicable, or employee

thereof, is entitled. 3. An applicant for employment with an independent contractor of a school district,

charter school or university school for profoundly gifted pupils who may have direct

contact with pupils must, before having direct contact with pupils, submit to the

independent contractor on a form prescribed by the Department: (a) The information described in paragraphs (a), (c) and (d) of subsection 1; and (b) Any other contact information for the employers and former employers described

in paragraph (a) of subsection 1 requested by the independent contractor with which

the applicant seeks to obtain employment. 4. Any applicant for employment described in subsection 1 or 3 who knowingly provides

false information or willfully fails to disclose any information required by this

section: (a) Is subject to discipline, including, without limitation, suspension or revocation

of the person's license pursuant to NRS 391.330 or 391.750 , termination of employment or a civil penalty pursuant to NRS 391.930 ; and (b) Is guilty of a misdemeanor.