Nevada § 394.465 - Background investigation of certain applicants for employment with postsecondary educational institution; confidentiality of results; payment of cost by applicant; exception to requirements for certain applicants

§ 394.465. Background investigation of certain applicants for employment with postsecondary educational institution; confidentiality of results; payment of cost by applicant; exception to requirements for certain applicants

1. Except as otherwise provided in subsection 6, before a postsecondary educational

institution employs or contracts with a person: (a) To occupy an instructional position; (b) To occupy an administrative or financial position, including a position as school

director, personnel officer, counselor, admission representative, solicitor, canvasser,

surveyor, financial aid officer or any similar position; or (c) To act as an agent for the institution, the applicant must submit to the Administrator the information set forth in subsection

2. 2. The applicant must submit to the Administrator: (a) A complete set of fingerprints taken by a law enforcement agency and written permission

authorizing the Administrator to submit the applicant's fingerprints to the Central

Repository for Nevada Records of Criminal History for submission to the Federal Bureau

of Investigation for a report on the applicant's background and to such other law

enforcement agencies as the Administrator deems necessary; or (b) Written verification, on a form prescribed by the Administrator, stating that

the fingerprints of the applicant were taken and directly forwarded electronically

or by another means to the Central Repository and that the applicant has given written

permission to the law enforcement agency or other authorized entity taking the fingerprints

to submit the fingerprints to the Central Repository for submission to the Federal

Bureau of Investigation for a report on the applicant's background and to such other

law enforcement agencies as the Administrator deems necessary. 3. The Administrator may: (a) Unless the applicant's fingerprints are directly forwarded pursuant to paragraph

(b) of subsection 2, submit those fingerprints to the Central Repository for submission

to the Federal Bureau of Investigation and to such other law enforcement agencies

as the Administrator deems necessary; and (b) Request from each such agency any information regarding the applicant's background

as the Administrator deems necessary. 4. Except as otherwise provided in NRS 239.0115 , the Administrator shall keep the results of the investigation confidential. 5. The applicant shall pay the cost of the investigation. 6. An applicant is not required to satisfy the requirements of this section if the

applicant: (a) Is licensed by the Superintendent of Public Instruction; (b) Is an employee of the United States Department of Defense; (c) Is a member of the faculty of an accredited postsecondary educational institution

in another state who is domiciled in a state other than Nevada and is present in Nevada

for a temporary period to teach at a branch of that accredited institution; (d) Is an instructor who provides instruction from a location outside this State through

a program of distance education for a postsecondary educational institution licensed

by the Commission who previously underwent an investigation of his or her background

and the Administrator determines that an additional investigation is not necessary;

or (e) Has satisfied the requirements of subsection 1 within the immediately preceding

5 years. 7. As used in this section, “ distance education ” means instruction delivered by means of video, computer, television, or the Internet

or other electronic means of communication, or any combination thereof, in such a

manner that the person supervising or providing the instruction and the student receiving

the instruction are separated geographically.