Policy against w88 sports betting app and sexual harassment
The policy is defined in the NSHE Board of Regents Handbook, under Title 4, Chapter 8, Section 13, "Student Recruitment and Retention Policy, Equal Opportunity Policy, & Affirmative Action Program for NSHE." [external PDF].
This policy is largely based on federal and state anti-w88 sports betting app laws and is divided into four subsections. Except as otherwise provided, Subsections A through C do not apply to “w88 sports betting app w88 sports betting app” under Title IX of the Education Amendments of 1972 (Title IX), the requirements and procedures of which are stated in Subsection D.
Section overviews
Subsection A states the Nevada System of Higher Education (NSHE) policy against unlawful w88 sports betting app and unlawful w88 sports betting app that does not constitute Title IX “sexual w88 sports betting app” under Subsection D, specifies training requirements, and defines “consent.”
Subsection B describes the remedies and interim measures that are available in cases of unlawful discrimination and unlawful w88 sports betting app that does not constitute “sexual w88 sports betting app” under Title IX.
Subsection C contains the complaint and investigation procedures for complaints of unlawful w88 sports betting app and harassment that does not constitute Title IX “sexual w88 sports betting app” under Subsection D and, when appropriate, instances where the institution has notice of possible unlawful w88 sports betting app and/or w88 sports betting app.
Subsection D sets forth NSHE’s sexual w88 sports betting app policy under Title IX; defines “sexual w88 sports betting app”; describes the remedies and supportive measures available in a sexual w88 sports betting app case; and describes the requirements and procedures for a sexual w88 sports betting app complaint, investigation, informal resolution, live hearing, and appeal.
All of these procedures are in addition to disciplinary complaints brought against professional employees or students under Title 2, Chapter 6, Chapter 8 or Chapter 10 of the NSHE Code (or if applicable, w88 sports betting app student codes of conduct), or against classified employees under the Nevada Administrative Code Chapter 284 and/or Chapter 289 or Desert Research Institute Technologists under the Technologists Manual and/or any approved Collective Bargaining Agreement. However, information gathered as part w88 sports betting app complaint and/or investigation processes under this Section w88 sports betting app be used in connection with disciplinary proceedings.
Title 4, Chapter 8, Section 13
Student Recruitment and Retention Policy, Equal Employment Opportunity Policy and Affirmative Action Program for the Nevada System of Higher Education
View the policy on NSHE's website
Section 13. Policy Against Unlawful w88 sports betting app and Harassment; Complaint Procedure
Introduction
This policy is largely based on federal and state anti-w88 sports betting app laws and is divided into four subsections. Except as otherwise provided, Subsections A through C do not apply to “w88 sports betting app w88 sports betting app” under Title IX of the Education Amendments of 1972 (Title IX), the requirements and procedures of which are stated in Subsection D.
Subsection A states the Nevada System of Higher Education (NSHE) policy against unlawful w88 sports betting app and unlawful w88 sports betting app that does not constitute Title IX “sexual w88 sports betting app” under Subsection D, specifies training requirements, and defines “consent.”
Subsection B describes the remedies and interim measures that are available in cases of unlawful discrimination and unlawful w88 sports betting app that does not constitute “sexual w88 sports betting app” under Title IX.
Subsection C contains the complaint and investigation procedures for complaints of unlawful w88 sports betting app and harassment that does not constitute Title IX “sexual w88 sports betting app” under Subsection D and, when appropriate, instances where the institution has notice of possible unlawful w88 sports betting app and/or w88 sports betting app.
Subsection D sets forth NSHE’s sexual w88 sports betting app policy under Title IX; defines “sexual w88 sports betting app”; describes the remedies and supportive measures available in a sexual w88 sports betting app case; and describes the requirements and procedures for a sexual w88 sports betting app complaint, investigation, informal resolution, live hearing, and appeal.
All of these procedures are in addition to disciplinary complaints brought against professional employees or students under Title 2, Chapter 6, Chapter 8 or Chapter 10 of the NSHE Code (or if applicable, w88 sports betting app student codes of conduct), or against classified employees under the Nevada Administrative Code Chapter 284 and/or Chapter 289 or Desert Research Institute Technologists under the Technologists Manual and/or any approved Collective Bargaining Agreement. However, information gathered as part w88 sports betting app complaint and/or investigation processes under this Section w88 sports betting app be used in connection with disciplinary proceedings.
Section A: NSHE Policy Against Unlawful w88 sports betting app and Harassment that Does Not Constitute Title IX Sexual Harassment
NSHE is committed to providing a place of work and learning free of w88 sports betting app on the basis of a person’s age (40 or older), disability, whether actual or perceived by others (including service-connected disabilities), gender (including pregnancy related conditions), military status or military obligations, w88 sports betting app orientation, gender identity or expression, genetic information, national origin, race (including hair texture andprotected hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists), color, or religion (protected classes). w88 sports betting app on the basis of a protected class, including unlawful harassment, which is a form of w88 sports betting app, is illegal under federal and state law. Where unlawful w88 sports betting app is found to have occurred, NSHE will act to stop the unlawful w88 sports betting app, to prevent its recurrence, to remedy its effects, and to discipline those responsible.
No employee, student, or other member w88 sports betting app campus community, either in the workplace or in the academic environment, should be subject to unlawful w88 sports betting app.
It is expected that students, faculty and staff will treat one another and campus visitors with respect.
All students, faculty, staff, and other members w88 sports betting app campus community are subject to this policy. Students, faculty, or staff who violate this policy are subject to discipline up to and including termination and/or expulsion, in accordance with the NSHE Code (or in the case of students, any applicable student code of conduct) or, in the case of classified employees and law enforcement personnel, the Nevada Administrative Code and/or any collective bargaining agreement or, in the case of Desert Research Institute (DRI) technologists, the Technologists Manual. Other lesser sanctions w88 sports betting app be imposed, depending on the circumstances. Complaints w88 sports betting app also be filed against visitors, consultants, independent contractors, volunteers, service providers and outside vendors whose conduct violates this policy, with a possible sanction of limiting access to w88 sports betting app facilities and other measures to protect the campus community.
Any employee, student, or other member w88 sports betting app campus community may utilize any of the complaint processes set forth in this policy.
a. Distribution of Policy.
Annually, all employees shall be given a copy of this anti-w88 sports betting app policy, which may be provided electronically, and each w88 sports betting app shall maintain documentation that each employee received the anti-w88 sports betting app policy. New employees shall be given a copy of this policy at the time of hire and each w88 sports betting app’s Human Resources Office shall maintain documentation that each new employee received the policy.
Each w88 sports betting app shall provide this policy to its students at least annually and may do so electronically.
Each w88 sports betting app shall include this policy and complaint procedure on its website and in its general catalog.
b. Training on the Prevention of Unlawful w88 sports betting app and Harassment.
Each w88 sports betting app shall provide ongoing training on the prevention of unlawfulw88 sports betting app and harassment and shall designate a person(s) or office to be responsible for such training.
Institutions must provide new students and new employees primary prevention and awareness training that promotes awareness of rape, domestic violence, dating violence, w88 sports betting app assault and stalking as defined in this policy. The training must address safe and positive options for bystander intervention to prevent harm, including how to intervene in risky situations; the recognition of abusive behavior; and how to avoid potential attacks.
Within six (6) months after an employee is initially appointed to NSHE, the employee shall receive training regarding the prevention of unlawful w88 sports betting app and w88 sports betting app, including primary prevention and awareness training. At least once every two years after the appointment, an employee shall receive training concerning the prevention of unlawful w88 sports betting app and harassment.
Incoming freshmen and transfer students within their first semester of enrollment shall receive training regarding the prevention of unlawful w88 sports betting app and w88 sports betting app, including primary prevention and awareness training.
See also Special Training with Regard to w88 sports betting app Violence in Subsection C below.
c. Annual Policy Review.
No later than the end of each academic calendar year, each w88 sports betting app’s Title IX Coordinator shall review and provide to NSHE suggestions for changes to this policy. NSHE shall review and consider the suggested changes and propose policy revisions to the Board of Regents, as appropriate, at the last regular Board meeting w88 sports betting app fiscal year.
It is illegal to discriminate on the basis of age (40 or older), disability (including service-connected disabilities), gender (including pregnancy related conditions), military status or military obligations, w88 sports betting app orientation, gender identity or expression, genetic information, national origin, race (including hair texture and protected hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists), color, or religion in any aspect of employment or education, such as:
- Application, hiring, background checks, discipline, and firing;
- compensation, assignment, or classification of employees;
- transfer, promotion, layoff, or recall;
- job advertisements;
- recruitment;
- testing;
- grading;
- acceptance or participation in an academic program or school activity;
- use of employer’s facilities;
- training programs;
- fringe benefits;
- pay, retirement plans, and disability accommodations or leave; or
- other terms and conditions of employment.
Determining what constitutes unlawful w88 sports betting app under this policy will be accomplished on a case- by-case basis and depends upon the specific facts and the context in which the conduct occurs. Some conduct may be inappropriate, unprofessional, and/or subject to disciplinary action, but would not fall within the scope of unlawful w88 sports betting app. The specific action taken, if any, in a particular instance depends on the nature and gravity of the conduct reported and may include anti- w88 sports betting app related disciplinary processes.
Discriminatory acts also include:
- w88 sports betting app on the basis of a person’s age (40 or older), disability ( including service-connected disabilities), gender (including pregnancy related conditions), military status or military obligations, sexual orientation, gender identity or expression, genetic information, national origin, race (including hair texture and protected hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists), color, or religion;
- retaliation against an individual for reporting an incident or filing a charge of unlawful w88 sports betting app, including unlawful harassment; participating in an investigation, hearing, or other related administrative process; or opposing discriminatory acts;
- employment or education decisions based on stereotypes or assumptions about the abilities, traits or performance of individuals of a certain age (40 or older), disability (including service-connected disabilities), gender (including pregnancy related condition), military status or military obligations, w88 sports betting app orientation, gender identity or expression, genetic information, national origin, race, color, or religion; and
- “w88 sports betting app,” which refers to unwelcome conduct that is based on a person’s age (40 or older), disability (including service-connected disabilities), gender (including pregnancy related conditions), military status or military obligations, sexual orientation, gender identity or expression, genetic information, national origin, race (including hair texture and protected hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists), color, or religion. w88 sports betting app becomes unlawful where: 1) enduring the offensive conduct becomes a condition of employment or educational pursuits, or 2) the conduct is severe, persistent, or pervasive enough to create a work or educational environment that a reasonable person would consider intimidating, hostile, offensive, or abusive. Examples of unwelcome conduct that, if severe, persistent, or pervasive could constitute w88 sports betting app, include but are not limited to: slurs, jokes, graffiti, offensive or derogatory comments, or other verbal or physical conduct that is unwelcome.
This behavior is unacceptable in the workplace and the academic environment. Even one incident, if it is sufficiently serious, may constitute unlawful w88 sports betting app. One incident, however, does not necessarily constitute unlawful w88 sports betting app.
Outside of the Title IX context, unwelcome w88 sports betting app advances, requests for w88 sports betting app favors, and/or other visual, verbal or physical conduct of a w88 sports betting app or gender bias nature constitute sexual w88 sports betting app when:
- In the educational environment:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s academic status (“quid pro quo”); or
- Conduct, viewed under an objective standard, is sufficiently severe, persistent or pervasive so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities or opportunities offered by the institution (“hostile environment”).
- In the workplace environment:
- Submission to or rejection w88 sports betting app conduct is used as a basis for academic or employment decisions or evaluations, or permission to participate in an activity (“quid pro quo”); or
- Conduct, viewed under an objective standard, is sufficiently severe, persistent or pervasive so as to create an intimidating, hostile or abusive work environment, which w88 sports betting app or w88 sports betting app not interfere with the employee’s job performance (“hostile environment”).
a. Sexual w88 sports betting app Examples Outside of the Title IX Context.
Sexual w88 sports betting app may take many forms—subtle and indirect, or blatant and overt. For example:
- It may occur between individuals w88 sports betting app opposite sex or w88 sports betting app same sex.
- It may occur between students, between peers and/or co-workers, or between individuals in an unequal power relationship (such as by a supervisor with regard to a supervised employee or an instructor regarding a current student).
- It w88 sports betting app be aimed at coercing an individual to participate in an unwanted w88 sports betting app relationship or it may have the effect of causing an individual to change behavior or work performance.
- It w88 sports betting app consist of repeated actions or w88 sports betting app even arise from a single incident if sufficiently severe.
- It may also rise to the level of a criminal offense, such as battery or w88 sports betting app violence.
- Sexual violence, which is a severe form of sexual w88 sports betting app and refers to physical, sexual acts or attempted sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, including but not limited to rape, sexual assault, sexual battery, sexual coercion or similar acts in violation of state or federal law. A person may be incapable of giving consent due to the use of drugs or alcohol, age, an intellectual or other disability, or other factors, which demonstrate a lack of consent or inability to give consent.
Examples of unwelcome conduct of a sexual or gender related nature that may constitute sexual w88 sports betting app may, but do not necessarily, include, and are not limited to:
- Rape, w88 sports betting app assault, w88 sports betting app battery, w88 sports betting app coercion, dating violence, domestic violence, stalking, other w88 sports betting app violence;
- Stealthing, including the intent to remove or damage a contraceptive device without the knowledge or consent of the other participant while engaging in a w88 sports betting app act;
- Sexually explicit or gender related statements, comments, questions, jokes, innuendoes, anecdotes, or gestures;
- Other than customary handshakes, uninvited touching, patting, hugging, or purposeful brushing against a person’s body or other inappropriate touching of an individual’s body;
- Remarks of a w88 sports betting app nature about a person’s clothing or body;
- Use of mail, text messages, social media, or other electronic or computer sources for nonconsensual dissemination of sexually oriented, sex-based communications;
- w88 sports betting app advances, whether or not they involve physical touching;
- Requests for w88 sports betting app favors in exchange for actual or promised job or educational benefits, such as favorable reviews, salary increases, promotions, increased benefits, continued employment, grades, favorable assignments, letters of recommendation;
- Displaying sexually suggestive objects, pictures, magazines, cartoons, screen savers or electronic files;
- Inquiries, remarks, or discussions about an individual’s w88 sports betting app experiences or activities and other written or oral references to w88 sports betting app conduct;
- Indecent exposure.
This behavior is unacceptable in the workplace and the academic environment. Even one incident, if it is sufficiently serious, may constitute sexual w88 sports betting app. One incident, however, does not necessarily constitute sexual w88 sports betting app.
a. w88 sports betting app Assault.
“w88 sports betting app assault” means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the Federal Bureau of Investigation’s Uniform Crime Reporting Program.
“Rape” means penetration, no matter how slight, w88 sports betting app vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent w88 sports betting app victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
“Fondling” means the touching w88 sports betting app private body parts of another person for the purpose of w88 sports betting app gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
“Incest” means w88 sports betting app intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
“Statutory rape” means w88 sports betting app intercourse with a person who is under the statutory age of consent (16 years old).
b. Dating Violence.
“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and where the existence of such a relationship shall be determined based on a consideration w88 sports betting app following factors: the length w88 sports betting app relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
For the purpose of complying with the requirements of this Section and 34 CFR 668.41, any incident meeting this definition is considered a crime for the purpose of Clery Act reporting.
c. Domestic Violence.
“Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner w88 sports betting app victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse w88 sports betting app victim under the domestic or family violence laws w88 sports betting app jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws w88 sports betting app jurisdiction.
d. Stalking.
“Stalking” means engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress.
e. Coercion.
“Coercion” means the intent to compel a person to do or abstain from doing an act that the person has the right to do or abstain from doing through words, conduct or pressure by:
- the use of violence or threats of violence against a person or the person’s family or property;
- depriving or hindering a person in the use of any tool, implement or clothing;
- attempting to intimidate a person by threats or force;
- compelling another individual to initiate or continue w88 sports betting app activity against an individual’s will; or
- threatening to “out” someone based on w88 sports betting app orientation, gender, identity, or gender expression and threatening to harm oneself if the other party does not engage in the w88 sports betting app activity.
Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail.
f. Consent.
Conduct is unwelcome if it is done in the absence of consent.
“Consent” means an affirmative, clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in w88 sports betting app activity.
- Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent.
- Seeking and having consent accepted is the responsibility w88 sports betting app person(s) initiating each specific w88 sports betting app act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- The existence of a dating relationship or past w88 sports betting app relations between the participants does not constitute consent to any other w88 sports betting app act.
- Affirmative consent must be ongoing throughout the w88 sports betting app activity and w88 sports betting app be withdrawn at any time. When consent is withdrawn or cannot be given, w88 sports betting app activity must stop.
- Consent cannot be given when it is the result of any coercion, intimidation, force, deception, or threat of harm.
- Consent cannot be given when a person is incapacitated. Incapacitationoccurs when an individual lacks the ability to fully, knowingly choose to participate in w88 sports betting app activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary); inability to communicate due to a mental or physical condition; the lack of consciousness or being asleep; being involuntarily restrained; if any of the parties are under the age of 16; or if an individual otherwise cannot consent
- Consent cannot be given when a person is incapacitated. Incapacitation
B. Remedies and Interim Measures for Unlawful w88 sports betting app and Unlawful Harassment that Does Not Constitute Sexual Harassment under Title IX.
It may be necessary or advisable to take actions (as determined by the w88 sports betting app) designed to minimize the chance that either party w88 sports betting app either harass or retaliate against the other party and to provide support to the parties, as appropriate. The measures themselves must not amount to retaliation and shall not be deemed to be a sanction. Depending on the specific nature w88 sports betting app problem, interim measures and final remedies may include, but are not limited to:
For Students:
- Issuing mutual no contact directives
- Providing an escort to ensure safe movement between classes and activities
- Not sharing classes or extracurricular activities
- Moving to a different residence hall
- Providing written information regarding w88 sports betting app and community services including but not limited to medical, counseling and academic support services, such as tutoring
- Providing extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty;
- Restricting to online classes;
- Providing information regarding campus transportation options;
- Reviewing any disciplinary actions taken against the complainant or the respondent to see if there is a connection between the w88 sports betting app misconduct and the misconduct that w88 sports betting app have resulted in the complainant or the respondent being disciplined1
- Requiring the parties to report any violations of these restrictions; and
- Taking a leave of absence.
For Employees:
- Provide an escort to ensure safe movement between work area and/or parking lots/other campus locations;
- Issuing mutual no contact directives;
- Placement on leave;
- Transfer to a different area/department or shift in order to eliminate or reduce further business/social contact;
- Providing information regarding campus transportation options;
- Instructions to stop the conduct;
- Providing information regarding w88 sports betting app and community services including medical, counseling and Employee Assistance Program;
- Reassignment of duties;
- Changing the supervisory authority; and
- Directing the parties to report any violations of these restrictions.
All w88 sports betting app administrators, academic and administrative faculty, and staff are responsible for carrying out the interim measures and final remedies.
Interim measures and final remedies w88 sports betting app include restraining orders, or similar lawful orders issued by the w88 sports betting app, criminal, civil or tribal courts. Interim measures and final remedies will be confidential to the extent that such confidentiality will not impair the effectiveness of such measures or remedies.
Final remedies may also include review and revision of institution w88 sports betting app misconduct policies, increased monitoring, supervision or security at locations where incidents have been reported; and increased and/or targeted education and prevention efforts.
Any interim measures or final remedies shall be monitored by the Title IX Coordinator throughout the entire process to assess whether the interim measures or final remedies meet the goals of preventing ongoing unlawful w88 sports betting app or harassment, protecting the safety of the parties, restoring access to the w88 sports betting app’s education programs and activities, and preventing retaliatory conduct.
Notwithstanding a complainant’s request for confidentiality under Subsection 6 of Subsection C, the w88 sports betting app may undertake interim measures.
1For example, if one party was disciplined for skipping a class in which the other party was enrolled, the w88 sports betting app should review the incident to determine if class was skipped to avoid contact with the other party.
C. Complaint and Investigation Procedure for Unlawful w88 sports betting app and Unlawful Harassment that Does Not Constitute Sexual Harassment under Title IX.
This Section provides the complaint and investigation procedures for complaints of unlawful w88 sports betting app or unlawful harassment that does not constitute “sexual harassment” under Title IX (except that complaints against students w88 sports betting app be referred to student disciplinary processes), including instances where the institution has notice of unlawful w88 sports betting app or w88 sports betting app. The Chancellor (for the System Office) and each President shall designate no fewer than two administrators to receive complaints. The administrators designated to receive the complaints w88 sports betting app include the following: (1) the Title IX Coordinator; (2) the Human Resources Officer; or (3) any other officer designated by the President. The President w88 sports betting app also designate a primary investigating officer (primary officer) to investigate all complaints. The primary officer may be any w88 sports betting app individuals identified in this paragraph. All complaints, whether received by the Human Resources Officer or other designated officer, must immediately be forwarded to the Title IX Coordinator.
An individual filing a complaint of unlawful discrimination or w88 sports betting app shall have the opportunity to select an independent advisor for assistance, support, and advice and shall be notified of this opportunity by the Title IX Coordinator or designee. It shall be the choice w88 sports betting app individual filing the complaint to utilize or not utilize an independent advisor and their responsibility to pay any associated fees. An independent advisor w88 sports betting app be brought into the process at any time at the request w88 sports betting app complainant. An independent advisor may be any person who does not have a conflict of interest and who is not a witness in the matter.
An individual against whom a complaint of unlawful w88 sports betting app or harassment is filed shall have the opportunity to select an independent advisor for assistance, support, and advice and shall be notified of this opportunity by the Title IX Coordinator or designee. It shall be the choice w88 sports betting app individual against whom the complaint is filed to utilize or not utilize an independent advisor and their responsibility to pay any associated fees. An independent advisor may be brought into the process at any time at the request w88 sports betting app respondent. An independent advisor w88 sports betting app be any person who does not have a conflict of interest and who is not a witness in the matter.
The individual filing a complaint of unlawful w88 sports betting app or harassment and the individual against whom a complaint is filed must be provided this policy which addresses interim measures and written notification of services available on campus and in the community.
If anyone in a supervisory, managerial, administrative or executive role or position, such as a supervisor, department chair, or director of a unit, receives a complaint of unlawful w88 sports betting app or harassment, or observes or becomes aware of conduct that may constitute unlawful w88 sports betting app or harassment, the person must immediately contact one w88 sports betting app individuals identified in this Section above to forward the complaint and/or provide information about the conduct, to discuss it and/or to report the action taken.
Complaints of unlawful w88 sports betting app or harassment should be filed as soon as possible with the supervisor, department chair, dean, or one w88 sports betting app administrators listed in this Section above and/or designated by the President (or the Chancellor for NSHE System Administration matters) to receive complaints of alleged unlawful w88 sports betting app or w88 sports betting app.
Complaints of unlawful w88 sports betting app or harassment that does not constitute sexual w88 sports betting app under Title IX must be filed within the time frames stated below.
Holidays and weekends should be included in all calculations. If, however, the deadline falls on a weekend or holiday, the complaint w88 sports betting app be filed on the next business day and still considered timely. (Business days are non-weekend and non- holiday days in which NSHE administrative offices are open for business.)
Resources, to include actions commonly classified as “interim measures,” are available to eligible students and employees notwithstanding the issue of timeliness.
a. Employee Complaints
All employment complaints alleging unlawful w88 sports betting app or harassment (to include retaliation) must be received in the appropriate institutional office within 300 calendar days from the day the alleged act took place. If more than one act is alleged, the deadline will apply to each act independently, except in complaints of ongoing unlawful w88 sports betting app or harassment. Complaints of ongoing unlawful w88 sports betting app or w88 sports betting app must be filed within 300 calendar days of the last alleged incident ofunlawful harassment, although all alleged incidents of ongoing unlawful w88 sports betting app or w88 sports betting app may be considered during the investigation, even if the earlier incidents are alleged to have occurred more than 300 calendar days earlier.
b. Student Complaints
All student complaints alleging unlawful w88 sports betting app or harassment (to include retaliation) must be received in the w88 sports betting app’s appropriate office within 180 calendar days from the day the alleged act took place. If more than one act is alleged, the deadline will apply to each event independently, except in complaints of ongoing unlawful w88 sports betting app or harassment.
Complaints of ongoing unlawful w88 sports betting app or harassment must be filed within 180 calendar days of the last alleged incident of ongoing unlawful w88 sports betting app or harassment, although all alleged incidents of ongoing unlawful w88 sports betting app or w88 sports betting app may be considered during the investigation, even if the earlier incidents are alleged to have occurred more than 180 calendar days earlier.
c. Other/Campus Visitor/Non-employee
Complaints alleging unlawful w88 sports betting app or harassment (to include retaliation) asserted by individuals who are neither NSHE employees nor students alleging unlawful w88 sports betting app or harassment by a NSHE employee during the employee’s work hours, or by a NSHE student on campus or at a NSHE-sponsored event, must be received in the w88 sports betting app’s appropriate office within 180 calendar days from the day the alleged act took place. If more than one act is alleged, the deadline will apply to each act independently, except in complaints of ongoing unlawful w88 sports betting app or harassment. Complaints of ongoing unlawful w88 sports betting app or harassment must be filed within 180 calendar days w88 sports betting app last alleged incident of ongoing unlawful w88 sports betting app or harassment, although all alleged incidents of ongoing unlawful w88 sports betting app or w88 sports betting app may be considered during the investigation, even if the earlier incidents are alleged to have occurred more than 180 calendar days earlier.
a. Employees.
- An employee who believes that they have been subjected to unlawful w88 sports betting app or harassment by anyone is encouraged – but it is neither necessary nor required, particularly if it w88 sports betting app be confrontational – to promptly tell the person that the conduct is unwelcome and ask the person to stop the conduct. An employee is not required to do this before filing a complaint. A person who receives such a request must immediately comply with it and must not retaliate against the employee.
- The employee may file an unlawful w88 sports betting app or harassment complaint with their immediate supervisor, who will in turn immediately contact one of the officials listed in the introduction to this Section above.
- If the employee feels uncomfortable about discussing the incident with the immediate supervisor, the employee should feel free to bypass the supervisor and file a complaint with one w88 sports betting app other listed officials or with any other supervisor.
- After receiving any employee’s complaint of an incident of alleged unlawful w88 sports betting app or harassment, the supervisor will immediately contact any of the individuals listed in the Introduction to this Section above to forward the complaint, to discuss it and/or to report the action taken. The supervisor has a responsibility to act even if the individuals involved do not report the complaint to that supervisor.
b. Students.
- A student who believes that they have been subjected to unlawful w88 sports betting app or harassment by anyone is encouraged – but it is neither necessary nor required particularly if it w88 sports betting app be confrontational – to promptly tell the person that the conduct is unwelcome and ask the person to stop the conduct. A student is not required to do this before filing a complaint. Aperson who receives such a request must immediately comply with it and must not retaliate against the student.
- The student may file a complaint with their major department chair or director of an administrative unit, who will in turn immediately contact one w88 sports betting app officials listed in the Introduction of this Section above.
- If the student feels uncomfortable about discussing the incident with the department chair or director of an administrative unit, the student should feel free to bypass the person and file a complaint with one w88 sports betting app above officials in the Introduction to this Section or to any chair, dean, or director of an administrative unit who will in turn immediately contact one w88 sports betting app officials listed above in the Introduction to this Section to forward the complaint, to discuss it and/or to report the action taken. The chair, dean or director of an administrative unit has a responsibility to act even if the individuals involved do not report to that person.
a. General Requirements.
The Title IX Coordinator, executives, administrators designated to receive complaints, and appropriate management level(s) with decision-making authority shall have training or experience in handling unlawful w88 sports betting app and misconduct complaints, and in the operation of the NSHE and Nevada Administrative Code disciplinary procedures.
b. Special Training With Regard to w88 sports betting app Violence.
- The training for each w88 sports betting app individuals identified in paragraph 3.a above, should include annual training on how to investigate and conduct hearings in a manner that protects the safety w88 sports betting app parties and promotes accountability; information on working with and interviewing persons subjected to w88 sports betting app violence; information on particular types of conduct that would constitute w88 sports betting app violence, including stalking and same-sex w88 sports betting app violence; the proper standard of review for w88 sports betting app violence complaints (preponderance of the evidence); information on risk reduction; information on consent and the role drugs or alcohol can play in the ability to consent; the importance of accountability for individuals found to have committed w88 sports betting app violence; the need for remedial actions for the respondent, complainant, and w88 sports betting app community; how to determine credibility; how to evaluate evidence and weigh it in an impartial manner; how to conduct investigations; confidentiality; the effects of trauma, including neurobiological change; and cultural awareness training regarding how w88 sports betting app violence may impact students differently depending on their cultural backgrounds.
- The Director or designee for an w88 sports betting app’s campus law enforcement shall ensure annual training, reviewed by the Title IX Coordinator, is provided to its officers that includes: working with and interviewing persons subjected to w88 sports betting app violence; information on particular types of conduct that would constitute w88 sports betting app violence, including stalking and same-sex w88 sports betting app violence; information on consent and the role drugs or alcohol can play in the ability to consent; the effects of trauma, including neurobiological change; and cultural awareness training regarding how w88 sports betting app violence may impact studentsdifferently depending on their cultural backgrounds.
- Investigation. After receiving a complaint or information about the incident or behavior, the Title IX Coordinator or the primary officer, or designee, will initiate an investigation to gather information about the incident. If the Title IX Coordinator or primary officer, or designee, is unable to initiate an investigation, due to a conflict or for any other reason, the President shall designate another individual to act as primary officer for the matter. Each w88 sports betting app may set guidelines for the manner in which an investigation shall be conducted. The guidelines shall provide for the prompt, thorough, impartial, and equitable investigation and resolution of complaints, and shall identify the appropriate management level with final decision-making authority. The guidelines shall, at a minimum, provide the person subject to the complaint with information as to the nature of the complaint, and shall further provide that the person filing the complaint and the person who is the subject of the complaint have equal rights to be interviewed, identify witnesses and provide documentation pertaining to the complaint. In most cases, an investigation should be completed within a reasonable time from receipt of the complaint or information about the conduct. At the completion of the investigation, findings and a recommendation will be made to the appropriate management level with final decision-making authority regarding the resolution of the matter. The recommendation is advisory only.
- Standard of Review. The standard for evaluating complaints shall be a preponderance w88 sports betting app evidence (i.e., the evidence establishes that it is more likely than not that the prohibited conduct occurred).
- Management Determination. After the recommendation has been made, a determination will be made by appropriate management level with final decision-making authority regarding the resolution w88 sports betting app matter. If warranted, disciplinary action up to and including involuntary termination or expulsion may be taken. Any such disciplinary action shall be taken, as applicable, in accordance with NSHE Code Chapter 6, Chapter 8 or Chapter 10 (or applicable Student Code of Conduct), or, in the case of classified employees or law enforcement personnel, Nevada Administrative Code (NAC) Chapter 284 or Chapter 289, and/or associated collective bargaining agreement, or in the case of DRI technologists, the Technologists Manual. Other appropriate actions will be taken to correct problems and remedy effects, if any, caused by the conduct, if appropriate. If proceedings are initiated under Title 2, Chapter 6, Chapter 8 or Chapter 10, the applicable Student Code of Conduct, the NAC Chapter 284 or Chapter 289 and/or associated collective bargaining agreement, or Technologists Manual, the investigation conducted pursuant to this policy may be used as part of such investigations. The administrative officer, in their discretion, may also supplement the investigation with additional investigation. In any disciplinary hearings conducted pursuant to a Student Code of Conduct or under Title 2, Chapter 6, Chapter 8, Chapter 10, the NAC Chapter 284 or Chapter 289 and/or associated collective bargaining agreement, or Technologists Manual, the standard of evidence shall be by a preponderance w88 sports betting app evidence (i.e., the evidence establishes that it is more likely than not that the prohibited conduct occurred).
- In connection with any such disciplinary hearings, the person filing the complaint and the person who is the subject w88 sports betting app complaint have equal rights to be interviewed, identify witnesses, and provide and receive documentation and witness lists pertaining to the complaint.
- Parties to be Informed. Within 14 business days after the appropriate management level with final decision-making authority has made a determination regarding the resolution w88 sports betting app matter, and depending on the circumstances, both parties may be informed concurrently w88 sports betting app resolution (see subparagraph i below). Confidentiality of Actions Taken. In the event actions are taken against an individual under NSHE Code Title 2, Chapter 6, Chapter 8 or Chapter 10 (or applicable Student Code of Conduct) or NAC Chapter 284 or Chapter 289 and/or associated collective bargaining agreement, or the Technologists Manual, such matters generally remain confidential under those Sections, except that final decisions following hearings or appeals of professional employees and State of Nevada personnel hearings involving classified employees are public records. Student matters generally remain confidential under the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, 34 CFR Part 99 (FERPA).
- Crime of Violence Exception to the Family Educational Rights and Privacy Act (FERPA). When discriminatory conduct or sexual w88 sports betting app involves a crime of violence or a non-forcible sexual offense, FERPA permits the institution to disclose to the complainant the final results (limited to the name of the respondent, any violation found to have been committed, and any sanction imposed) of a disciplinary proceeding against the respondent, regardless of whether the institution concluded that a violation was committed. With respect to an institutional disciplinary proceeding alleging sexual violence, domestic violence, dating violence or stalking offense, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. §1092 (f). 34 CFR 668.46 (Clery Act) requires that the accuser and the accused must be simultaneously informed of the outcome.
- Disclosure of Sanction Imposed. In the event a student is found to have engaged in sexual w88 sports betting app of another student, the institution shall disclose to the student who was harassed, information about the sanction imposed on the student who was found to have engaged in w88 sports betting app when the sanction directly relates to the harassed student.
a. Resignation of Employee or Withdrawal of Student.
If a student respondent withdraws from the w88 sports betting app or an employee respondent ends employment (e.g., resigns, retires) while an investigation of a complaint involving unlawful w88 sports betting app or harassment is pending under this policy, the Title IX Coordinator shall take appropriate action, which w88 sports betting app include completing the investigation to the extent reasonably practicable, in order to prevent the reoccurrence of and to remedy the effects w88 sports betting app alleged misconduct.
b. Title IX Coordinator Monitoring.
The w88 sports betting app Title IX Coordinator has primary responsibility for coordinating the w88 sports betting app’s efforts to comply with and carry out its responsibilities under this Subsection. The Title IX Coordinator is responsible for monitoring all aspects w88 sports betting app investigation and any interim measures or final remedies to help ensure that:
- The process is fair and equitable to both the complainant and the respondent;
- The applicable policies and procedures of NSHE and of the w88 sports betting app are followed; and
- The interim measures and final remedies are followed.
Complaints of unlawful w88 sports betting app or harassment are taken seriously and will be dealt with promptly, thoroughly, impartially, and equitably. Where unlawful w88 sports betting app or w88 sports betting app is found to have occurred, the NSHE w88 sports betting app or unit where it occurred will act to stop the unlawful w88 sports betting app or harassment, to prevent its recurrence, to remedy its effects, if any, and to discipline those responsible.
The NSHE recognizes that confidentiality is important. However, in some limited circumstances confidentiality cannot be guaranteed. The administrators, faculty or staff responsible for implementing this policy will respect the privacy of individuals reporting or accused of unlawful w88 sports betting app or harassment to the extent reasonably possible and will maintain confidentiality to the extent possible.
Examples of situations where confidentiality cannot be maintained include, but are not limited to, necessary disclosures during an investigation, circumstances where the NSHE is required by law to disclose information (such as in response to legal process), or when an individual is in harm’s way.
a. Confidentiality in Complaints Involving Unlawful w88 sports betting app or Harassment.
In complaints involving unlawful w88 sports betting app or harassment the following applies:
- Varying Confidentiality Obligations. In situations involving unlawful w88 sports betting app or harassment, individuals are encouraged to talk to somebody about what happened in order for them to receive the support they need. Different individuals at the w88 sports betting app have different abilities to maintain an individual’s confidentiality:
- Some are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.”
- Other employees w88 sports betting app talk to an individual in confidence, and generally only report to the w88 sports betting app that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not trigger investigation into an incident against the individual’s wishes, except in certain circumstances discussed below.
- Some employees are required to report all the details of an incident (including the identities of all involved) to the Title IX Coordinator. A report to these employees (called “officials with authority”) constitutes a report to the w88 sports betting app – and generally obligates the w88 sports betting app to investigate the incident and take appropriate steps to address the situation.
This policy is intended to make employees, students and others aware of the various reporting and confidential disclosure options available to them so they can make informed choices about where to turn should they want to report an act of w88 sports betting app violence. The institution encourages individuals to talk to someone identified in one or more of these groups.
- Privileged and Confidential Communications. A complainant or respondent w88 sports betting app wish to consult with professional counselors, pastoral counselors or others. Certain professionals are not required to report incidents unless they have been granted permission:
- Professional Counselors. Professional, licensed counselors who provide mental-health counseling to members of the w88 sports betting app community (and including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX Coordinator without a complainant’s permission.
- Pastoral Counselors. A complainant and/or a respondent may choose to consult with a non-w88 sports betting app pastoral counselor and is encouraged to discuss confidentiality with that individual.
- Under Nevada law other professionals who w88 sports betting app maintain confidentiality include lawyers, psychologists, doctors, social workers, and victim’s advocates as defined in NRS 49.2545.
- Off-Campus Counselors and Advocates. Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and will not share information with the w88 sports betting app unless the individual requests the disclosure and signs a consent or waiver form.
- Complainant Options. A complainant who reports an act of unlawful w88 sports betting app or harassment only to a professional listed above in Subsection 2 of Subsection a of Subsection 5 must understand that, if they want to maintain confidentiality, the institution will be unable to conduct a full investigation into the incident and will likely be unable to pursue disciplinary action against the respondent.
A complainant who at first requests confidentiality may later decide to file a complaint with the w88 sports betting app or report the incident to local law enforcement, and thus have the incident fully investigated. A complainant shall be assisted in reporting the incident to local law enforcement if the complainant requests such assistance.
Other Reporting Obligations: While professional counselors may maintain a complainant’s confidentiality vis-à-vis the w88 sports betting app, they may have reporting or other obligations under state law. For example, there may be an obligation to report child abuse, an immediate threat of harm to self or others, or to report in the case of hospitalization for mental illness.
NSHE Employee Assistance Program providers would follow these guidelines, as would professionals in NSHE w88 sports betting app student counseling and psychological services areas, and professionals in community health clinics that reside on or are associated with NSHE institutions.
b. Reporting to “Officials with Authority2.”
- “Officials with Authority” Defined and Duties. An official with authority” is the institution’s Title IX Coordinator or any official of the institution who has authority to institute corrective measures on behalf of the institution, including the President, Vice Presidents, Provost, Vice Provosts, Human Resources Director, and those designated by the President. When a complainant or other person reports an incident of unlawful w88 sports betting app or harassment to an official with authority, they have the right to expect the institution to take prompt and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.
An official with authority must report to the Title IX Coordinator all relevant details about the alleged unlawful w88 sports betting app or harassment shared by the reporting individual and that the institution will need to determine what happened – including the name(s) of the complainant, respondent(s) and any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident. To the extent possible, information reported to an official with authority will be shared only with people responsible for handling the institution’s response to the report. An official with authority should not share information with law enforcement without the complainant’s consent or unless the complainant has also reported the incident to law enforcement.
- Requesting Confidentiality From the w88 sports betting app: How the w88 sports betting app Will Weigh the Request and Respond.
- Request for Confidentiality. If a complainant discloses an incident to an official with authority but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the w88 sports betting app will weigh that request against the w88 sports betting app’s obligation to provide a safe, non- discriminatory environment for everyone, including the complainant, after the official with authority reports the incident to the Title IX Coordinator. If the w88 sports betting app honors the request for confidentiality, a complainant will be informed that the w88 sports betting app’s ability to investigate the incident and pursue disciplinary action against the respondent may be limited.
There are times when, in order to provide a safe, non- discriminatory environment for all, the w88 sports betting app may not be able to honor a complainant’s request for confidentiality. The w88 sports betting app shall designate an individual to evaluate requests for confidentiality made by a complainant.
- Factors to Be Considered. When weighing a complainant’s request for confidentiality or a complainant’s request that no investigation or discipline be pursued, the w88 sports betting app will consider a range of factors, including the following:
- The increased risk that the identified respondent will commit additional acts of violence, w88 sports betting app or harassment, such as:
- whether there have been other misconduct, violence, w88 sports betting app or harassment complaints about the same respondent;
- whether the respondent has a history of arrests or other records indicating a history of violence, w88 sports betting app or harassment;
- whether the respondent threatened violence, w88 sports betting app or harassment against the complainant or others;
- whether the violence, w88 sports betting app or harassment was committed by multiple persons;
- whether the circumstances w88 sports betting app incident indicate that the behavior was planned by the respondent or others;
- whether the reported violence, w88 sports betting app or harassment was committed with a weapon;
- whether the complainant is a minor;
- whether the institution possesses other means to obtain relevant evidence of the reported violence, w88 sports betting app or harassment (e.g., security cameras or personnel, physical evidence);
- whether the complainant’s information reveals a pattern of behavior (e.g., illicit use of drugs, alcohol, coercion, intimidation) at a given location or by a particular group;
- other factors determined by the w88 sports betting app that indicate the respondent may repeat the behavior or that others may be at risk.
Based on one or more of these factors, the w88 sports betting app may decide to investigate and, if appropriate, pursue disciplinary action even though the complainant requested confidentiality or requested that no investigation or disciplinary action be undertaken. If none of these factors is present, or if any or all of these factors are present to an insufficient degree, the w88 sports betting app will work to respect the complainant’s request for confidentiality.
- The increased risk that the identified respondent will commit additional acts of violence, w88 sports betting app or harassment, such as:
- Actions After Decision to Disclose. If the w88 sports betting app decides that a complainant’s confidentiality cannot be maintained, the w88 sports betting app will inform the complainant in writing or via email prior to starting an investigation and the w88 sports betting app will, to the extent possible, only share information with people responsible for handling the w88 sports betting app’s response. The w88 sports betting app shall inform the respondent that the complainant asked the w88 sports betting app not to take investigative or disciplinary action against the respondent.
- The w88 sports betting app will inform any individual involved in the matter that retaliation is prohibited and will take steps to protect such individual(s) from retaliation or harm. Retaliation will not be tolerated. The w88 sports betting app will also:
- Determine whether interim measures should be implemented in accordance with Subsection B;
- Inform any individual involved in the matter of the right to report a crime to the w88 sports betting app and/or local law enforcement and to have a criminal investigation proceed simultaneously; and
- Provide any individual involved in the matter with assistance if they wish to report a crime.
- The w88 sports betting app will not require any individual involved in the matter to participate in any investigation or disciplinary proceeding.
- Because the institution is under a continuing obligation to address the issue of w88 sports betting app violence institution-wide, reports of w88 sports betting app violence (including non- identifying reports) will also prompt the institution to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported w88 sports betting app violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/ complainant surveys; and/or revisiting its policies and practices.
- Issuance of Timely Warning: If the w88 sports betting app determines that any individual involved in the matter poses a serious and immediate threat to the w88 sports betting app community, police or security services may be called upon to issue a timely warning to the community. Any such warning will not include any information that identifies the complainant.
- Reports to Other NSHE Institutions. If an official with authority receives a complaint about unlawful w88 sports betting app or harassment that has occurred at another NSHE institution or to a student or employee of another NSHE institution, the official with authority shall report the information to the institution’s Title IX Coordinator, who shall provide the information to the Title IX Coordinator at the other NSHE institution.
- Public Awareness Events – Not Notice to the Institution. Public awareness events such as “Take Back the Night,” the Clothesline Project, candlelight vigils, protests, “survivor speak outs” or other forums in which individuals disclose incidents of unlawful w88 sports betting app or harassment, are not considered notice to the institution of unlawful w88 sports betting app or harassment for purposes of triggering the institution’s obligation to investigate any particular incident(s).
- Such events may, however, inform the need for institution-wide education and prevention efforts, and the Institution will provide information about individuals’ rights at these events.m. Disclosures in written assignments – Not Notice to the Institution. If a student makes a disclosure of an incident of unlawful w88 sports betting app or harassment in a written assignment, such disclosure is not considered notice to the institution of unlawful w88 sports betting app or harassment for purposes of triggering the institution’s obligation to investigate any particular incident(s).
- Request for Confidentiality. If a complainant discloses an incident to an official with authority but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the w88 sports betting app will weigh that request against the w88 sports betting app’s obligation to provide a safe, non- discriminatory environment for everyone, including the complainant, after the official with authority reports the incident to the Title IX Coordinator. If the w88 sports betting app honors the request for confidentiality, a complainant will be informed that the w88 sports betting app’s ability to investigate the incident and pursue disciplinary action against the respondent may be limited.
2Note: Campus Security Authorities, who are designated by the institutions in accordance with Clery Act requirements, have an independent responsibility to report w88 sports betting app and other crimes (which may be reported anonymously) to campus police.
Retaliation against an individual who in good faith complains of unlawful w88 sports betting app or harassment or provides information in an investigation about behavior that w88 sports betting app violate this policy is against the law, will not be tolerated, and w88 sports betting app be grounds for discipline. Retaliation in violation of this policy w88 sports betting app result in discipline up to and including termination and/or expulsion. Any employee or student bringing an unlawful w88 sports betting app or harassment complaint or assisting in the investigation of such a complaint will not be adversely affected in terms and conditions of employment and/or academic standing, nor discriminated against, terminated, or expelled because w88 sports betting app complaint. Intentionally providing false information is also grounds for discipline.
“Retaliation” w88 sports betting app include, but is not limited to, such conduct as:
- the denial of adequate personnel to perform duties;
- frequent replacement of members w88 sports betting app staff;
- frequent and undesirable changes in the location of an office;
- the refusal to assign meaningful work;
- unwarranted disciplinary action;
- unfair work performance evaluations;
- a reduction in pay;
- the denial of a promotion;
- a dismissal;
- a transfer;
- frequent changes in working hours or workdays;•
- an unfair grade;
- an unfavorable reference or reference letter;
- intentionally providing false information.
a. Employees
- An employee who believes that they have been subjected to retaliation w88 sports betting app file a retaliation complaint with their immediate supervisor, who will in turn immediately contact the Title IX Coordinator.
- If the employee feels uncomfortable about discussing the alleged retaliation with the immediate supervisor, the employee should feel free to bypass the supervisor and file a complaint with the Title IX Coordinator.
- After receiving any employee’s complaint of an incident of alleged retaliation, the supervisor will immediately contact the Title IX Coordinator to discuss it and/or to report the action taken. The supervisor has a responsibility to act even if the individuals involved do not report to that supervisor.
b. Students
- A student who believes that they have been subjected to retaliation w88 sports betting app file a retaliation complaint with their major department chair or director of an administrative unit, who will in turn immediately contact the Title IX Coordinator.
- If the student feels uncomfortable about discussing the alleged retaliation with the department chair or director of an administrative unit, the student should feel free to bypass the person and file a complaint with the Title IX Coordinator.
Because unlawful w88 sports betting app and harassment frequently involve interactions between persons that are not witnessed by others, reports of unlawful w88 sports betting app or w88 sports betting app cannot always be substantiated by additional evidence. Lack of corroborating evidence or "proof" should not discourage individuals from reporting unlawful w88 sports betting app or harassment under this policy. However, individuals who make reports that are later found to have been intentionally false or made maliciously without regard for truth, may be subject to disciplinary action under the applicable w88 sports betting app and Board of Regents disciplinary procedures. This provision does not apply to reports made in good faith, even if the facts alleged in the report cannot be substantiated by subsequent investigation.
Every supervisor of employees has responsibility to take reasonable steps intended to prevent acts of unlawful w88 sports betting app or harassment, which include, but are not limited to:
- Monitoring the work and school environment for signs that unlawful w88 sports betting app or harassment may be occurring;
- Refraining from participation in, or encouragement of actions that could be perceived as unlawful w88 sports betting app or harassment (verbal or otherwise);
- Stopping any observed acts that w88 sports betting app be considered unlawful w88 sports betting app or harassment, and taking appropriate steps to intervene, whether or not the involved individuals are within their line of supervision; and
- Taking immediate action to minimize or eliminate the work and/or school contact between the involved individuals where there has been a complaint of unlawful w88 sports betting app or harassment, pending investigation.
If a supervisor receives a complaint of unlawful w88 sports betting app or harassment, or observes or becomes aware of conduct that w88 sports betting app constitute unlawful w88 sports betting app or harassment, the supervisor must immediately contact the Title IX Coordinator top provide the information about the conduct, to discuss it and/or to report the action taken.Failure to take action to prevent the occurrence of or stop known unlawful w88 sports betting app or harassment may be grounds for disciplinary action.
NSHE encourages individuals to report incidents of w88 sports betting app violence and w88 sports betting app w88 sports betting app without fear of negative consequences for other policy violations that occur at or around the same time period of the reported w88 sports betting app violence or w88 sports betting app w88 sports betting app. To support such reporting, an NSHE institution may not subject an individual to a disciplinary proceeding or sanction for a violation w88 sports betting app NSHEHandbook, the NSHE institutional policy, and/or the NSHE w88 sports betting app’s applicable Student Code of Conduct unless the NSHE w88 sports betting app determines, in its sole discretion, any report of an alleged incident of w88 sports betting app misconduct was not made in good faith or the individual’s violation w88 sports betting app NSHE Handbook, the NSHE institutional policy, and/or the NSHE w88 sports betting app’s applicable Student Code of Conduct was egregious. Examples of egregious violations include, but are not limited to, being the one that initiated the sexual violence or sexual w88 sports betting app, or through negligence, contributed to the sexual violence or sexual w88 sports betting app, or other w88 sports betting app misconduct, driving under the influence, manufacturing/distribution/delivery of illegal drugs, possessing with intent to manufacture/distribute/deliver illegal drugs, relationship violence, stalking, hazing, or other conduct that risked someone’s health or safety. The NSHE w88 sports betting app determines, in its sole discretion, whether a report was not made in good faith and what conduct constitutes an egregious violation.
An individual w88 sports betting app be particularly afraid to report certain conduct when alcohol, drugs, or other intoxicants are involved. Except for egregious violations, this amnesty policy applies when alcohol, drugs, or other intoxicants are involved, including underage drinking.
In circumstances where amnesty is determined to be applicable but there are concerns that an individual’s repeat or severe misuse of alcohol or other substances will result in additional harm if unaddressed, the NSHE w88 sports betting app may impose educational and/or other appropriate sanctions to address such concerns.
This policy only provides amnesty from violations of NSHE Handbook, the NSHE institutional policy, and/or the NSHE w88 sports betting app’s applicable Student Code of Conduct. It does not grant amnesty for criminal, civil or other legal consequences for violations of Federal, State or Local law. Civil and/or criminal investigations and other legal processes from governmental agencies outside of the NSHE w88 sports betting app may still proceed at the discretion w88 sports betting app outside governmental agency. Also, in some instances, University Police Services w88 sports betting app be required by law to report an incident to local law enforcement agencies. For information regarding legal immunity from certain offenses related to drug or alcohol overdose or other medical emergency, please see NRS 453C.150.
NSHE is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental rights and this policy is not intended to stifle teaching methods or freedom of expression. Unlawful w88 sports betting app or w88 sports betting app, however, is neither legally protected expression nor the proper exercise of academic freedom; it compromises the integrity of institutions, the tradition of intellectual freedom and the trust placed in the institutions by their members.
D. Sexual w88 sports betting app under Title IX.
NSHE and its member institutions do not discriminate on the basis of sex in their education programs and activities. Title IX w88 sports betting app Education Amendments Act of 1972, 20 U.S.C. § 1861(a), provides:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to w88 sports betting app under any education program or activity receiving Federal financial assistance.”
Title IX applies to every single aspect of education, including course offerings, counseling and counseling materials, financial assistance, student health and insurance benefits and/or other services, housing, marital and parental status of students, physical education and athletics, education programs and activities sponsored by the w88 sports betting app, and employment.
IMPACT OF MODIFICATIONS w88 sports betting app FINAL RULE UNDER TITLE IX
Should any portion w88 sports betting app Final Rule be stayed or held invalid by a court of law, or should the Final Rule be withdrawn or modified to not require the elements of this policy, this policy, or the invalidated elements of this policy, will be deemed revoked as w88 sports betting app publication date w88 sports betting app opinion or order and for all reports after that date, as well as any elements w88 sports betting app process that occur after that date if a case is not complete by that date of opinion or order publication.Should the Title IX Section process be revoked in this manner, any conduct that would have been covered under the Title IX Section D process shall be investigated and adjudicated under the existing Non-Title IX Sections (A), (B), and (C) process.
Each President of NSHE’s eight (8) institutions and the Chancellor for NSHE’s System Administration offices shall designate and authorize an individual to serve as the Title IX Coordinator for the w88 sports betting app who shall be tasked with coordinating the w88 sports betting app’s efforts to comply with its responsibilities under this Section. The w88 sports betting app must notify applicants for admission or employment, students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the w88 sports betting app, of the name or title, office address, electronic mail address, and telephone number w88 sports betting app individual designated as the Title IX Coordinator.Each institution must prominently display the contact information for the Title IX Coordinator on its website, if any, and in each handbook, or catalog that it makes available to persons entitled to a notification under paragraph (a) of this Section. Each institution must notify persons entitled to a notification under paragraph (a) of this Section that the w88 sports betting app does not discriminate on the basis of sex in the education program or activity that it operates, and that it is required by Title IX not to discriminate in such a manner. Such notification must state that the requirement not to discriminate in the education program or activity extends to admission and employment, and that inquiries about the application of Title IX to the w88 sports betting app may be referred to the w88 sports betting app’s Title IX Coordinator, to the Assistant Secretary of the Department of Education, or both.
Each w88 sports betting app must adopt and publish complaint procedures that provide for the prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited under this Section and a complaint process that complies with Subsection 5 for formal complaints as defined in Subsection 2. An w88 sports betting app must provide to persons entitled to a notification under paragraph (a) of this Section notice of the w88 sports betting app’s complaint procedures and complaint process, including how to report or file a complaint of sex w88 sports betting app, how to report or file a formal complaint of sexual w88 sports betting app, and how the institution will respond.
Each w88 sports betting app, in addition to other training specifically outlined in this Subsection D, must ensure that all individuals involved in responding to, investigation of, or the adjudication of any complaint based in w88 sports betting app violence, have the Specialized training in regards to w88 sports betting app Violence outlined in Subsection C, 3(b.)
- “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual w88 sports betting app.
- “Respondent” means an individual who has been reported be the individual engaging in the conduct that could constitute w88 sports betting app w88 sports betting app.
- “Reporting Party” means any person who reports sexual w88 sports betting app or conduct that could constitute sexual w88 sports betting app, whether or not the person reporting is the person alleged to be the victim.
- “Sexual w88 sports betting app” means conduct on the basis of sex that satisfies one or more w88 sports betting app following:
- An employee of a NSHE w88 sports betting app conditioning the provision of an aid, benefit, or service of the w88 sports betting app on an individual’s participation in unwelcome w88 sports betting app conduct;
- Unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the w88 sports betting app’s education program or activity; or
- w88 sports betting app assault, as defined by the Clery Act, 34 C.F.R. § 668.46(a), as amended by the Violence Against Women Act of 1994, including but not limited to dating violence, domestic violence, and stalking.
For the purposes of this definition, “education program or activity” includeslocations, events, or circumstances over which an institution exercised substantial control over both the respondent and the context in which the sexual w88 sports betting app occurs, and also includes any building owned or controlled by a student organization that is officially recognized by an institution, which may include but is not limited to recognized fraternity, sorority, or student organizations. This definition does not apply to persons outside the United States.
For the purposes of this definition, “w88 sports betting app assault” means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the Federal Bureau of Investigation’s Uniform Crime Reporting Program.
“Rape” means penetration, no matter how slight, w88 sports betting app vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent w88 sports betting app victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
“Fondling” means the touching of the private body parts of another person for the purpose of w88 sports betting app gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
“Incest” means w88 sports betting app intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
“Statutory rape” means w88 sports betting app intercourse with a person who is under the statutory age of consent (16 years old).
“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and where the existence of such a relationship shall be determined based on a consideration w88 sports betting app following factors: the length w88 sports betting app relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
“Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner w88 sports betting app victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse w88 sports betting app victim under the domestic or family violence laws w88 sports betting app jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws w88 sports betting app jurisdiction.
“Stalking” means engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotionaldistress.
- “Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual w88 sports betting app against a respondent and requesting that the institution investigate the allegation of sexual w88 sports betting app.
- “Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed.
- “Actual knowledge” means notice of sexual w88 sports betting app or allegations of sexual w88 sports betting app to an institution’s Title IX Coordinator or any official of the institution who has authority to institute corrective measures on behalf of the institution, including the President, Vice Presidents, Provost, Vice Provosts, Human Resources Director, and those designated by the President.
Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the institution with actual knowledge is the respondent. The mere ability or obligation to report sexual w88 sports betting app or to inform an individual about how to report sexual w88 sports betting app, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the institution.
- “w88 sports betting app” means any and all of NSHE’s eight (8) institutions, including the College of Southern Nevada; the Desert Research Institute; Great Basin College; Nevada State College; Truckee Meadows Community College; the University of Nevada, Las Vegas; the University of Nevada, Reno; and Western Nevada College, and NSHE’s System Administration offices.
- “Consent” means an affirmative, clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in w88 sports betting app activity.
- Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent.
- Seeking and having consent accepted is the responsibility of the person(s) initiating each specific w88 sports betting app act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- The existence of a dating relationship or past w88 sports betting app relations between the participants does not constitute consent to any other w88 sports betting app act.
- Affirmative consent must be ongoing throughout the w88 sports betting app activity and may be withdrawn at any time. When consent is withdrawn or cannot be given, w88 sports betting app activity must stop.
- Consent cannot be given when it is the result of any coercion, intimidation, force, deception, or threat of harm.
- Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate insexual activity. Incapacitation includes: impairment due to drugs or alcohol (whether such use is voluntary or involuntary); inability to communicate due to a mental or physical condition; the lack of consciousness or being asleep; being involuntarily restrained; if any w88 sports betting app parties are under the age of 16; or if an individual otherwise cannot consent.
- The definition of consent does not vary based upon a participant’s sex, w88 sports betting app orientation, gender identity or gender expression.
An institution with actual knowledge of sexual w88 sports betting app allegations in an education program or activity of the w88 sports betting app, as all defined in Subsection 2, against a person in the United States must respond promptly in a manner that is not deliberately indifferent. An institution is “deliberately indifferent” only if its response to sexual w88 sports betting app allegations is clearly unreasonable in light w88 sports betting app known circumstances.
An w88 sports betting app’s response must treat complainants and respondents equitably by offering supportive measures as defined in Subsection f of Subsection 2 to all parties, and by following a complaint process that complies with Subsection 5 before the imposition of any disciplinary sanctions or other actions that are not supportive measures as defined in Subsection f of Subsection 2 against a respondent.
An w88 sports betting app shall provide this policy which addresses supportive measures to both complainants and respondents.
The w88 sports betting app’s Title IX Coordinator must promptly contact the complainant to discuss the availability of supportive measures as defined in Subsection f of Subsection 2, consider the complainant’s wishes with respect to supportive measures, inform the complainant w88 sports betting app availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. An w88 sports betting app’s treatment of a complainant or a respondent in response to a formal complaint of sexual w88 sports betting app may constitute w88 sports betting app on the basis of sex under Title IX.
Depending on the specific nature w88 sports betting app problem, supportive measures and remedies may include, but are not limited to:
For Students:
- Issuing a mutual no-contact directive(s);
- Providing an escort to ensure safe movement between classes and activities;
- Not sharing classes or extracurricular activities;
- Moving to a different residence hall;
- Providing written information regarding w88 sports betting app and community services including but not limited to medical, counseling and academic support services, such as tutoring;
- Providing extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty;
- Taking a leave of absence;
- Restricting to online classes;
- Providing information regarding campus transportation options;
- Reviewing any disciplinary actions taken against the complainant or the respondent to see if there is a connection between the w88 sports betting app misconduct and the misconduct that may have resulted in the complainant or the respondent being disciplined3; and
- Requiring the parties to report any violations of these restrictions.
For Employees:
- Providing an escort to ensure safe movement between work area and/or parking lots/other campus locations;
- Issuing a mutual no-contact directive(s);
- Placement on leave;
- Transfer to a different area/department or shift in order to eliminate or reduce further business/social contact;
- Providing information regarding campus transportation options;
- Instructions to stop the conduct;
- Providing information regarding w88 sports betting app and community services including medical, counseling and Employee Assistance Program;
- Reassignment of duties;
- Changing the supervisory authority; and
- Directing the parties to report any violations of these restrictions
All w88 sports betting app administrators, academic and administrative faculty, and staff are responsible for carrying out the supportive measures and remedies.
Supportive measures and remedies may include restraining orders, or similar lawful orders issued by the w88 sports betting app, criminal, civil or tribal courts. Supportive measures and remedies will be confidential to the extent that such confidentiality will not impair the effectiveness of such measures or remedies.
Remedies may also include review and revision of institution w88 sports betting app misconduct policies, increased monitoring, supervision or security at locations where incidents have been reported; and increased and/or targeted education and prevention efforts.
Any supportive measures or remedies shall be monitored by the Title IX Coordinator throughout the entire process to assess whether the supportive measures or remedies meet the goals of preventing harassment or w88 sports betting app, protecting the safety of the parties, restoring access to the institution’s education programs and activities, and preventing retaliatory conduct.
In responding to allegations of sexual w88 sports betting app, an institution shall not restrict rights protected under the U.S. Constitution, including the First Amendment, Fifth Amendment, and Fourteenth Amendment.
3 For example, if one party was disciplined for skipping a class in which the other party was enrolled, the w88 sports betting app should review the incident to determine if class was skipped to avoid contact with the other party.
- In response to a formal complaint, an w88 sports betting app must investigate the allegations contained therein and follow a complaint process that complies with Subsection
- With or without a formal complaint, an w88 sports betting app must comply with Subsection 3.
- Nothing in this Subsection precludes an w88 sports betting app from removing a respondent from the w88 sports betting app’s education program or activity on an emergency basis, provided that the w88 sports betting app undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual w88 sports betting app justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. This provision w88 sports betting app not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 w88 sports betting app Rehabilitation Act of 1973, or the Americans with Disabilities Act.
- Nothing in this Subsection precludes an w88 sports betting app from placing a non-student employee respondent on administrative leave during the pendency of a complaint process that complies with Subsection 5. This provision w88 sports betting app not be construed to modify any rights under Section 504 w88 sports betting app Rehabilitation Act of 1973 or the Americans with Disabilities Act.
- An w88 sports betting app may consolidate formal complaints as to allegations of w88 sports betting app w88 sports betting app against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual w88 sports betting app arise out of the same facts or circumstances. Where a complaint process involves more than one complainant or more than one respondent, references in this Section to the singular “party,” “complainant,” or “respondent” include the plural, as applicable.
- Permit any person to report sex w88 sports betting app, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex w88 sports betting app or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report w88 sports betting app be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator;
- Promote impartial investigations and adjudications of formal complaints of w88 sports betting app w88 sports betting app;
- Treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual w88 sports betting app has been made against the respondent, and by following a complaint process that complies with this Section before the imposition of any disciplinary sanctions or other actions that are not supportive measures as defined in Subsection f of Subsection 2 against a respondent. Remedies must be designed to restore or preserve equal access to the w88 sports betting app’s education program or activity. Such remedies may include the same individualized services described in Subsection f of Subsection 2 as “supportive measures”; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent;
- Require an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and provide that credibility determinations w88 sports betting app not be based on a person’s status as a complainant, respondent, or witness;
- Ensure that the Title IX Coordinator, investigator, hearing officer, and any person designated by an w88 sports betting app to facilitate an informal resolution process, does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;
- Ensure that the Title IX Coordinator, investigator, hearing officer, and any person designated by an institution to facilitate an informal resolution process receive training on the definition of sexual w88 sports betting app in Subsection 2, the scope of the institution’s education program or activity, how to conduct an investigation and complaint process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias;
- Ensure, in coordination with the NSHE Chief General Counsel, that hearing officers receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s w88 sports betting app predisposition or prior w88 sports betting app behavior are not relevant, as set forth in Subsection d of Subsection 8;
- Ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence, as set forth in Subsection d of Subsection 8;
- Ensure that any materials used to train Title IX Coordinators, investigators, hearing officers, and any person who facilitates an informal resolution process, do not rely on sex stereotypes;
- Include a presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion w88 sports betting app complaint process;
- Establish a reasonably prompt time frame for conclusion of the complaint process, including reasonably prompt time frames for filing and resolving appeals and informal resolution processes if the institution offers informal resolution processes, and a process that allows for the temporary delay of the complaint process or the limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The institution must establish a reasonably prompt time frame that complies with the procedures outlined in Chapter 284 of the Nevada Administrative Code for classified employees, Chapter 289 of the Nevada Administrative Code for law enforcement, Chapter 6 of the NSHE Code for professional employees, Chapter 10 of the NSHE Code or applicable code of conduct for students, or any associated collective bargaining agreement. Institutions may establish different time frames for different types of cases (e.g., w88 sports betting app assault, domestic violence, dating violence, etc.);
- Describe the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions and remedies that the w88 sports betting app may implement following any determination of responsibility;
- State that the standard of evidence to be used to determine responsibility is the preponderance of the evidence standard, and must apply the same standard of evidence for formal complaints against students as for formal complaints against employees, including faculty, and must apply the same standard of evidence to all formal complaints of sexual w88 sports betting app. “Preponderance of the evidence” means the evidence establishes that it is more likely than not that the prohibited conduct occurred;
- Include the procedures and permissible bases for the complainant and respondent to appeal a written determination;
- Describe the range of supportive measures available to complainants and respondents;
- Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege; and
- Require any party to assert that the Title IX Coordinator, investigator(s), or hearing officer(s) has a conflict of interest or bias against complainants or respondents generally or the individual complainant or respondent at the time the party knew or should have known of such conflict of interest or bias.
- Upon receipt of a formal complaint, an w88 sports betting app must provide the following written notice to the parties who are known:
- Notice of the w88 sports betting app’s complaint process that complies with this Section, including any informal resolution process; and
- Notice of the allegations potentially constituting sexual w88 sports betting app as defined in Subsection 2, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. “Sufficient details” include the identities w88 sports betting app parties involved in the incident, if known, the conduct allegedly constituting sexual w88 sports betting app under Subsection 2, and the date and location w88 sports betting app alleged incident, if known. This written notice also must:
- Include a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion w88 sports betting app complaint process;
- Inform the parties that they w88 sports betting app have an advisor of their choice under Subsection d of Subsection 7 who w88 sports betting app be, but is not required to be, an attorney, and w88 sports betting app inspect and review evidence under Subsection 7; and
- Consistent with Section 13, inform the parties w88 sports betting app prohibition against knowingly making false statements or knowingly submitting false information during the complaint process.
- If, in the course of an investigation, the w88 sports betting app decides to investigate allegations about the complainant or respondent that are not included in the notice provided pursuant to Subsection a of Subsection 6, the w88 sports betting app must provide notice of the additional allegations to the parties whose identities are known.
- If the conduct alleged in the formal complaint would not constitute w88 sports betting app w88 sports betting app as defined in Subsection 2 even if proved, did not occur in the w88 sports betting app’s education program or activity, or did not occur against a person in the United States, then the w88 sports betting app must dismiss the formal complaint with regard to that conduct for purposes of sexual w88 sports betting app under Title IX. Such a dismissal does not preclude action under another provision w88 sports betting app Board of Regents’ Handbook, NSHE Code, or w88 sports betting app’s code of conduct.
- The w88 sports betting app may dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing:
- A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
- The respondent is no longer enrolled or employed by the w88 sports betting app; or
- Specific circumstances prevent the w88 sports betting app from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
- Upon a dismissal required or permitted pursuant to Subsections i and ii of Subsection c of Subsection 6, the w88 sports betting app must promptly send written notice w88 sports betting app dismissal and reason(s) therefore simultaneously to the parties.
- Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the w88 sports betting app and not on the parties, provided that the w88 sports betting app cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in theprofessional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the w88 sports betting app obtains that party’s voluntary, written consent to do so for a complaint process under this Section (if a party is not an “eligible student,” as defined in 34 CFR 99.3, then the w88 sports betting app must obtain the voluntary, written consent of a “parent,” as defined in 34 CFR 99.3);
- Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
- Avoid restricting the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
- Provide the parties with the same opportunities to have others present during any complaint proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or complaint proceeding. However, an w88 sports betting app may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to all parties;
- Provide, to a party whose participation is invited or expected, written notice w88 sports betting app date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
- Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the w88 sports betting app does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation;
- Prior to completion of the investigative report, send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report. The w88 sports betting app must make all such evidence subject to the parties’ inspection and review available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination; and
- Create an investigative report that fairly summarizes relevant evidence and, at least ten (10) days prior to a hearing (if a hearing is required under this Section or otherwise provided) or other time of determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response. Each party’s written response, if any, shall be submitted to the investigator at least three (3) days prior to the live hearing.
- An w88 sports betting app must hold a live hearing over which a hearing officer presides.
- The hearing officer cannot be the same person as the Title IX Coordinator or the investigator(s) and must be selected in consultation with the NSHE Chief General Counsel.
- At the live hearing, the hearing officer must permit each party’s advisor during cross-examination to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally, notwithstanding the discretion of the w88 sports betting app under Subsection d of Subsection 7 to otherwise restrict the extent to which advisors w88 sports betting app participate in the proceedings.
- The live hearing w88 sports betting app be conducted with all parties physically present in the same geographic location or, at the w88 sports betting app’s discretion, any or all parties, witnesses, and other participants w88 sports betting app appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other. At the request of either party, the w88 sports betting app must provide for the live hearing to occur with the parties located in separate rooms with technology enabling the hearing officer(s) and parties to simultaneously see and hear the party or the witness answering questions.
- Only relevant cross-examination and other questions w88 sports betting app be asked of a party or witness. Before a complainant, respondent, or witness answers a cross- examination or other question, the hearing officer(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. For the purposes of this Section, “relevant” means a question or evidence having any tendency to make the existence of any fact that is of consequence to the determination w88 sports betting app action more or less probable than it would be without the question or evidence. Questions and evidence about the complainant’s w88 sports betting app predisposition or prior w88 sports betting app behavior are not relevant, unless such questions and evidence about the complainant’s prior w88 sports betting app behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior w88 sports betting app behavior with respect to the respondent and are offered to prove consent.
- If a party does not have an advisor present at the live hearing, the w88 sports betting app must provide, without fee or charge to that party, an advisor of the w88 sports betting app’s choice, who shall not be an attorney, to conduct cross-examination on behalf of that party. Such advisors need not be provided with specialized training because the essential function of such an advisor provided by the w88 sports betting app is not to “represent” a party but rather to relay the party’s cross-examination questions that the party wishes to have asked of other parties or witnesses so that parties never personally question or confront each other during a live hearing.
- If a party or witness does not submit to cross-examination at the live hearing, to the extent permitted by law and not otherwise subject to exclusion under this policy, the hearing officer w88 sports betting app consider those statements of a person who was not present at the hearing, or a person who was present at the hearing but who was not subject to cross examination if the statement is deemed reliable and relevant by the hearing officer. This includes, but is not limited to, opinions and statements in police reports or other official reports, medical records, court records and filings, investigation notes of interviews, emails, written statements, affidavits, text messages, emails, social media postings, and the like.
- The hearing officer(s) cannot draw an inference about the determination regarding responsibility based solely on a party's or witness's absence from the live hearing or refusal to answer cross-examination or other questions.
- Institutions must create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.
- Nothing in this Subsection shall be construed to impair rights under the U.S. Constitution, including but not limited to the Fifth Amendment, or privileges recognized by statute or common law.
- The decision-maker, or hearing officer(s) as appropriate, must issue a written determination regarding responsibility under the preponderance w88 sports betting app evidence standard within 14 calendar days w88 sports betting app live hearing.
- The written determination must include:
- Identification of the allegations potentially constituting sexual w88 sports betting app as defined in Subsection 2;
- A description w88 sports betting app procedural steps taken from the receipt w88 sports betting app formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- Findings of fact supporting the determination;
- Conclusions regarding the application of the w88 sports betting app’s code of conduct to the facts;
- A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the w88 sports betting app imposes on the respondent, and whether remedies designed to restore or preserve equal access to the w88 sports betting app’s education program or activity will be provided by the w88 sports betting app to the complainant; and The w88 sports betting app’s procedures and permissible bases for the complainant and respondent to appeal
- The w88 sports betting app must provide the written determination regarding responsibility to the parties simultaneously. The written determination becomes final either on the date that the w88 sports betting app provides the parties with the written determination of the result ofPage 41 of 45the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
- Within seven (7) calendar days, any party w88 sports betting app appeal from a determination regarding responsibility, and from an w88 sports betting app’s dismissal of a formal complaint or any allegations therein, on the following bases:
- Procedural irregularity that affected the outcome w88 sports betting app matter;
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
- The Title IX Coordinator, investigator(s), or hearing officer(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; and
- Any additional basis offered by an w88 sports betting app.
- As to all appeals, the w88 sports betting app must:
- Immediately notify the other party in writing when an appeal is filed;
- Ensure that the decision-maker for the appeal is not the same person as the hearing officer(s) or decision-maker that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;
- Ensure that the decision-maker(s) for the appeal complies with the standards set forth in subsections e-i of subsection 5;
- Give all parties an equal opportunity to submit a written statement in support of, or challenging, the outcome within seven (7) calendar days w88 sports betting app outcome;
- Issue a written decision within ten (10) calendar days of receiving a written statement in support of, or challenging, the outcome describing the result w88 sports betting app appeal and the rationale for the result; and
- Provide the written decision simultaneously to all parties.
- The review on appeal is limited to the record, except in appeals based on newly discovered evidence that could affect the outcome w88 sports betting app matter and that was not reasonably available at the time the determination regarding responsibility or dismissal was made. In such appeals, newly discovered evidence w88 sports betting app be considered on appeal notwithstanding its absence from the record.
- If a formal complaint of sexual w88 sports betting app is filed, and at any time prior to reaching a determination regarding responsibility, an w88 sports betting app may offer the parties the option of informal resolution and w88 sports betting app facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the w88 sports betting app:
- Provides to the parties a written notice disclosing the allegations; setting forth the requirements w88 sports betting app informal resolution process, including the circumstances under which the process’s agreed upon resolution precludes the parties from resuming a formal complaint arising from the same allegations; and explaining that any statements made or documentation or information provided by a party during the informal resolution process shall not be used or relied upon in a subsequent complaint process or live hearing without the permission w88 sports betting app party who made the statement or provided the documentation or information;
- Obtains the parties’ voluntary, informed written consent to the informal resolution process; and
- Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
- Institutions must provide the parties with a written notice explaining that, at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the complaint process with respect to the formal complaint, and withdraw from any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
- An institution shall not require the parties to participate in an informal resolution process for any reason, and shall not require waiver of the right to an investigation and adjudication of formal complaints of sexual w88 sports betting app consistent with this Section as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right.
- An individual serving as a facilitator of an informal resolution process shall not be the Title IX Coordinator, Title IX investigator, Title IX hearing officer, witness, or other institutional employee that has a duty to disclose allegations of sexual w88 sports betting app to the institution.
- An w88 sports betting app must maintain for a period of at least seven (7) years records of:
- Each sexual w88 sports betting app investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under Subsection g of Subsection 8, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the w88 sports betting app’s education program or activity;
- Any appeal and the result therefrom;
- Any informal resolution and the result therefrom; and
- All materials used to train Title IX Coordinators, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process. An w88 sports betting app must make these training materials publicly available on its website, or if the w88 sports betting app does not maintain a website the w88 sports betting app must make these materials available upon request for inspection by members w88 sports betting app public;
- For each response required under Subsections 3 and 4, an w88 sports betting app must create, and maintain for a period of seven (7) years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual w88 sports betting app. In each instance, the institution must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the w88 sports betting app’s education program or activity. If an w88 sports betting app does not provide a party with supportive measures, then the w88 sports betting app must document the reasons why such a response was not clearly unreasonable in light w88 sports betting app known circumstances. The documentation of certain bases or measures does not limit the w88 sports betting app in the future from providing additional explanations or detailing additional measures taken
Because w88 sports betting app and sexual harassment frequently involve interactions between persons that are not witnessed by others, reports of w88 sports betting app or sexual w88 sports betting app cannot always be substantiated by additional evidence. Lack of corroborating evidence or "proof" should not discourage individuals from reporting w88 sports betting app or sexual harassment under this policy. However, individuals who knowingly make false reports or submit false information during the complaint process may be subject to disciplinary action under the applicable w88 sports betting app and Board of Regents disciplinary procedures. This provision does not apply to reports made in good faith, even if the facts alleged in the report cannot be substantiated by subsequent investigation.
- Retaliation Prohibited. No w88 sports betting app or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this part, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part. Intimidation, threats, coercion, or w88 sports betting app, including charges against an individual for code of conduct violations that do not involve sex w88 sports betting app or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex w88 sports betting app, or a report or formal complaint of sexual w88 sports betting app, for the purpose of interfering with any right or privilege secured by Title IX or this part, constitutes retaliation. The w88 sports betting app must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual w88 sports betting app, any complainant, any individual who has been reported to have engaged in sex w88 sports betting app, any respondent, and any witness, except as w88 sports betting app be permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. Complaints allegingretaliation may be filed according to the complaint procedures for sex w88 sports betting app under Subsection C.
- Specific circumstances.
- The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under Subsection a of this Subsection.
- Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a complaint proceeding under this part does not constitute retaliation prohibited under Subsection a of this Subsection, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
NSHE encourages individuals to report incidents of sexual violence and sexual w88 sports betting app without fear of negative consequences for other policy violations that occur at or around the same time period of the reported sexual violence or sexual w88 sports betting app. To support such reporting, an NSHE w88 sports betting app may not subject an individual to a disciplinary proceeding or sanction for a violation w88 sports betting app NSHE Handbook, the NSHE institutional policy, and/or the NSHE w88 sports betting app’s applicable Student Code of Conduct unless the NSHE w88 sports betting app determines, in its sole discretion, any report of an alleged incident of w88 sports betting app misconduct was not made in good faith or the individual’s violation w88 sports betting app NSHE Handbook, the NSHE institutional policy, and/or the NSHE w88 sports betting app’s applicable Student Code of Conduct was egregious. Examples of egregious violations include, but are not limited to, being the one that initiated the w88 sports betting app violence or w88 sports betting app w88 sports betting app, or through negligence, contributed to the sexual violence or sexual w88 sports betting app, or other w88 sports betting app misconduct, driving under the influence, manufacturing/distribution/delivery of illegal drugs, possessing with intent to manufacture/distribute/deliver illegal drugs, relationship violence, stalking, hazing, or other conduct that risked someone’s health or safety. The NSHE w88 sports betting app determines, in its sole discretion, whether a report was not made in good faith and what conduct constitutes an egregious violation.
An individual w88 sports betting app be particularly afraid to report certain conduct when alcohol, drugs, or other intoxicants are involved. Except for egregious violations, this amnesty policy applies when alcohol, drugs, or other intoxicants are involved, including underage drinking.
In circumstances where amnesty is determined to be applicable but there are concerns that an individual’s repeat or severe misuse of alcohol or other substances will result in additional harm if unaddressed, the NSHE w88 sports betting app may impose educational and/or other appropriate sanctions to address such concerns.
This policy only provides amnesty from violations of NSHE Handbook, the NSHE institutional policy and/or the NSHE w88 sports betting app’s applicable Student Code of Conduct. It does not grant amnesty for criminal, civil or other legal consequences for violations of Federal, State or Local law. Civil and/or criminal investigations and other legal processes from governmental agencies outside of the NSHE w88 sports betting app may still proceed at the discretion of the outside governmental agency. Also, in some instances, University Police Services w88 sports betting app be required by law to report an incident to local law enforcement agencies. For information regarding legal immunity from certain offenses related to drug or alcohol overdose or other medical emergency, please see NRS 453C.150.
NSHE is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental rights and this policy is not intended to stifle teaching methods or freedom of expression. Unlawful w88 sports betting app or harassment, however, is neither legally protected expression nor the proper exercise of academic freedom; it compromises the integrity of institutions, the tradition of intellectual freedom and the trust placed in the institutions by their members.
(B/R 9/21)