Nevada § 396.155 - Request to keep identity confidential or take no investigative or disciplinary action; duties of institution

§ 396.155. Request to keep identity confidential or take no investigative or disciplinary action; duties of institution

1. The Board of Regents may require an institution within the System to accept a request

from a complainant who is 18 years of age or older to keep the identity of the complainant

confidential or take no investigative or disciplinary action against a respondent. An institution shall not grant such a request if state or federal law requires disclosure

or further action. In determining whether to grant such a request, the institution shall consider whether

there is a risk that the respondent may commit additional acts of violence, power-based

violence, discrimination or harassment based on whether one or more of the following

factors are present to a sufficient degree such that the request cannot be honored: (a) There are any previous or existing reports of an incident of power-based violence

against the respondent, including, without limitation, records of complaints or the

arrest of the respondent; (b) The respondent allegedly used a weapon; (c) The respondent threatened violence, discrimination or harassment against the complainant

or other persons; (d) The alleged incident of power-based violence was alleged to have been committed

by two or more people; (e) The circumstances surrounding the alleged incident of power-based violence indicate

that the incident was premeditated and, if so, whether the respondent or another person

allegedly premeditated the incident; (f) The circumstances surrounding the alleged incident of power-based violence indicate

a pattern of consistent behavior at a particular location or by a particular group

of people; (g) The institution is able to conduct a thorough investigation and obtain relevant

evidence without the cooperation of the complainant; and (h) There are any other factors that indicate the respondent may repeat the behavior

alleged by the complainant or that the complainant or other persons may be at risk

of harm. 2. If an institution within the System grants a request for confidentiality or to

not take any investigative or disciplinary action pursuant to subsection 1, the institution

shall take reasonable steps to, without initiating formal action against the respondent: (a) Respond to the report of the alleged incident of power-based violence while maintaining

the confidentiality of the complainant; (b) Limit the effects of the alleged incident of power-based violence; and (c) Prevent the recurrence of any misconduct. 3. Reasonable steps taken pursuant to subsection 2 may include, without limitation: (a) Increased monitoring, supervision or security at locations or activities where

the alleged incident of power-based violence occurred; (b) Providing additional training and educational materials for students and employees;

or (c) Ensuring a complainant is informed of and has access to appropriate supportive

measures. 4. If an institution within the System grants a request for confidentiality or to

not take any investigative or disciplinary action pursuant to subsection 1, the institution

shall inform the complainant that the ability of the institution to respond to the

report of the alleged incident of power-based violence will be limited by the request. 5. If an institution within the System determines that it cannot grant a request for

confidentiality or to not take any investigative or disciplinary action pursuant to

subsection 1, the institution shall: (a) Inform the complainant of the determination before disclosing the identity of

the complainant or initiating an investigation; (b) Make available supportive measures for the complainant; and (c) If requested by the complainant, inform the respondent that the complainant asked

the institution not to take investigative or disciplinary action against the respondent.