Nevada Revised Statutes 396.149 – Duties and powers of advocate; notice; conflict of interest
1. If an advocate is designated pursuant to NRS 396.148, the advocate shall:
Terms Used In Nevada Revised Statutes 396.149
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- System: means the Nevada System of Higher Education. See Nevada Revised Statutes 396.005
(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.