NRS 391.895
Certain employers to provide additional information and records concerning former employee

  • exception
  • immunity from liability
  • penalties for willful failure to disclose information.

1.

If a statement provided pursuant to paragraph (d) of subsection 1 of NRS 391.885 or subparagraph (2) of paragraph (a) of subsection 2 of NRS 391.890 indicates that the applicant meets any of the criteria prescribed in that paragraph or subparagraph, as applicable, the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor who receives the statement shall request the employer that conducted the investigation concerning an alleged sexual offense, discharged, disciplined or dismissed the employee or asked the employee to resign from employment to provide additional information concerning the matter and all records related to the matter, including, without limitation, any documents relating to a disciplinary action taken against the employee, disciplinary records or documents used in the decision made by the employer concerning the investigation.

2.

An employer contacted by the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor pursuant to subsection 1:

(a)

Except as otherwise provided in this subsection, shall provide the information requested not later than 60 days after the date on which the board of trustees, governing body or independent contractor contacts the employer.

(b)

Is not required to disclose any information or records held by the school police of the school district, if the school district has school police officers.

(c)

Is immune from civil and criminal liability to the same extent provided in paragraph (b) of subsection 2 of NRS 391.890.

3.

Except as otherwise prohibited by federal or state law, an employer who willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to NRS 391.930.

4.

In addition to the penalty set forth in subsection 3, a private school that willfully fails to disclose any information required by subsection 1 is subject to discipline, which may include, without limitation, being placed on a plan of corrective action by the Department.

Source: Section 391.895 — Certain employers to provide additional information and records concerning former employee; exception; immunity from liability; penalties for willful failure to disclose information., https://www.­leg.­state.­nv.­us/NRS/NRS-391.­html#NRS391Sec895.

Last Updated

Feb. 5, 2021

§ 391.895’s source at nv​.us