2019 Nevada Revised Statutes
Chapter 394 - Private Educational Institutions and Establishments
NRS 394.1607 - Actions to be taken to verify information provided by applicant; employer or former employer required to provide such information; immunity from liability for providing information; penalties for willful failure to disclose information.
1. Upon receipt of the information required by NRS 394.16065, the governing body of a private school shall contact each employer and former employer described in paragraph (a) of subsection 1 of NRS 394.16065 and request that the employer provide:
(a) The dates of employment of the applicant; and
(b) On a form prescribed by the Department, 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 the employer. An employer or former employer is not required to provide the information described in this subparagraph if, after investigating the alleged violation, the employer 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. An employer or former employer contacted by a governing body of a private school pursuant to subsection 1:
(a) Shall provide the information requested not later than 20 days after the date on which the governing body contacts the employer or former employer.
(b) Is immune from civil and criminal liability for any act relating to the provision of such information, unless the employer or former employer knowingly provides false information. Such information is privileged and must not be used as the basis for any action against the person or entity that provided the information.
3. Except as otherwise prohibited by federal or state law, an employer or former employer that willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to NRS 394.161.
4. In addition to the penalty set forth in subsection 3, a private school that willfully fails to disclose any information required by subsection 1 is subject to discipline, which may include, without limitation, being placed on a plan of corrective action by the Department.
(Added to NRS by 2017, 3980)
