HR 3 Student Employment Policy

POLICY STATEMENT

Nevada State College recognizes the important role that Student Employment plays, not only in the operation of the College but also with the academic and professional development of students.  Student positions are intended to create a learning experience that complements a student’s academic and career goals while providing valuable work experience and helping meet the staffing needs of the College.

DEFINITIONS

At-will Employee: An employee who may resign from work or be terminated from work for any lawful reason.

Federal Work-Study: A federally funded financial aid program to provide payment for work performed by students on campus or in the community, based on the financial needs of the student and the availability of funding.

NSC Work-Study: An institutional Student Employment program funded by student fees (Access); allows for both need-based and non-need-based awards.

FICA: Federal Insurance Contributions Act. It is a federal employment tax imposed on both the employees and employers to fund Social Security and Medicare. In the State of Nevada, College employees do not pay into Social Security and, in lieu of this tax, pay into a FICA Alternative or other qualified plan.

FICA Exempt: Employee is not required to make FICA contributions, based on a minimum of half-time student enrollment.

Fiscal Year: For Nevada State College, the fiscal year runs from July 1 through June 30.

Student Employment: Part-time employment of a current Nevada State student in a position within Nevada State College, funded from either Federal Work-Study, NSC Work-Study (Access fees) or departments with self-supporting funds, generally to meet part-time, temporary, or seasonal needs.

Student Worker: A Student Worker is an At-will Employee whose major efforts are directed toward receiving a formal education and is employed part-time by Nevada State College.  Student Workers are authorized to work a maximum of 19.5 hours per week during academic periods in which they are enrolled and classes are in session.

PROCEDURES

I.    Eligibility Requirements

To be eligible for Student Employment, an individual must be enrolled at Nevada State College as an undergraduate or graduate student during the fall or spring semesters. While individual department/units may require higher standards, the minimum requirements for all Student Workers include:

  • Undergraduate enrollment in at least six (6) credits per semester.

or

  • Graduate enrollment in at least five (5) credits per semester.

and

  • Cumulative GPA of 2.0 (undergraduate) or 3.0 (graduate).

Students enrolled in their final semester at Nevada State or students whose academic program does not allow for half-time enrollment may be exempt from the minimum enrollment requirement.  Authorization for exemption is granted by HR in consultation with the supervisor prior to initiating the hire.

The supervisor is responsible for verifying enrollment. Verification will occur at the time of initial application and at the beginning of each academic term thereafter.

To be considered for employment, students must be authorized to work in the United States. If hiring an international student, departments must contact Human Resources for guidance before making an offer of employment.

Students may work during the winter and/or summer terms if they meet one of the following enrollment requirements:

  • Be enrolled in at least one (1) credit during the summer term.
  • Be enrolled for the academic term immediately preceding and following winter and/or summer terms.

Students who are working but are not enrolled in at least 6 credits (undergraduate) or 5 credits (graduate) will not be considered FICA Exempt and will be required to pay into the NSHE FICA Alternative Plan. Contributions to FICA will not be reimbursed due to late enrollment.

Students who drop below half-time status after the start of the semester will be permitted to continue working so long as they maintain enrollment at a minimum of three (3) credits. Students with a pattern of habitual course withdrawals will be subject to the termination provision.

Failure to maintain the above requirements may result in the revocation of Student Employment eligibility and immediate termination.

II.    Procedures for Requesting/Hiring a Student Worker

Departments/Units must have an operational budget available to pay the hourly wage of a Student Worker. Once funding is established, the supervisor will utilize the following process for creating and filling the student position. Student workers are not authorized to begin working prior to completing the hire and onboarding processes in Workday.

  1. Supervisor completes the Student Job Requisition Template (all student worker positions). Completed forms should be submitted electronically to NHR@nsc.edu.

The above forms can be found in the documents section of the NSC Portal, under Human Resources > HR Docs > Forms > Recruitment and Search Process

Human Resources will review the job requisition for completeness. At this time, HR will determine, in consultation with the supervisor, an appropriate salary grade and hourly rate in accordance with the Student Classification and Compensation Schedule.

  1. Supervisor initiates and submits the “Create Job Requisition” business process in Workday.

Guidance on completing the job requisition can be found using the “Workday Training Resources” worklet in Workday and searching for “create job requisition.”

Approved job requisitions will be posted on the NSC jobs portal and applications will be accepted. In addition to resume, cover letter, and references, student applicant will be required to upload a copy of their class schedule showing that they meet the minimum enrollment requirement.

  1. Supervisor will review submitted applications, conduct interviews, select applicant(s), and initiate the Workday Hire process. During the initial application review, supervisors will be responsible for verifying each applicant’s enrollment status. Students who do not meet the minimum enrollment requirements will not be considered for hire.
  2. Once the Student Worker has completed the hire and onboarding processes, including an I-9 Form, they will be notified of their completion and will be authorized to begin working.

III. Classification and Compensation Schedule

The student classification and compensation schedule is designed to establish consistent hiring and pay practices for all Student Workers. The schedule adheres to the State of Nevada minimum wage and hourly rates. Salaries must be at a wage no less than the minimum required by law and may not exceed the maximum allowable wage for the assigned wage range.

The level and salary applied to a student position is determined by the Office of Human Resources and will be based on job duties/responsibilities, supervision needed, qualifications, and level of expertise required for the job.

Positions are typically placed at the minimum of the pay range. Placement above the minimum may be warranted based on the complexity of the job duties, level of independent judgement, scope and responsibility, and skill/experience required for the position.

New student positions must be submitted to Human Resources prior to a department posting a position for recruitment or making an offer of employment.

Listed below are the classification and compensation ranges for Student Workers:

Student Worker I

Wage Range: $9.75 – $14.00

Duties at this level typically vary from routine and simple to slightly complex, requiring basic decision-making. Employees at this level receive training or are instructed how to perform assigned duties. Duties are performed under direct supervision to ensure completeness and accuracy of tasks performed.

Examples of duties: basic clerical duties, filing, answering phones, shelving books, copying, washing laboratory glassware, stocking shelves, and other manual tasks involving light physical effort.  Basic computer skills, reviewing documents for completeness, data entry, cashiering, simple hardware/software maintenance under supervision, library research requiring student to summarize materials, and situations requiring similar judgement.  Positions requiring manual skills and arduous physical work are included in this classification.

Student Worker II

Wage Range: $12.00 – $16.00

Duties at this level fall into three areas or a combination of these areas:

  1. Duties range from somewhat to moderately complex, are varied and involve a degree of responsibility and judgement.
  2. Duties are specialized or technical requiring exceptional and diversified skills.
  3. Duties include training lower level Student Worker positions and acting as a lead supervisor over other Student Workers.

Employees at this level must take initiative regularly and must be able to provide information regarding unit procedures, rules, and regulations. Employee is given general instruction and will be expected to prioritize work, use initiative, and make decisions regarding work assignments.  Employee must possess specific knowledge and skills to perform duties without detailed supervision.

Examples of duties: Tutoring students in a structured environment (e.g. ASC or Writing Center),  desktop publishing, routine hardware/software maintenance, editorial assistance, laboratory work involving research and testing, research work involving collection and interpretation of data, higher level administrative tasks, supervision, training, or overseeing a function or service area.

Student Worker III

Wage Range: $14.00- $18.00

Duties at this level are specialized or technical requiring exceptional and diversified skills.  Assignments involve: Analysis, independent judgement and knowledge of the principles, practices, and concepts of a professional field (e.g. accounting, management information systems, computer science, biology, etc.), advanced customer service or employee supervision. Employees at this level are expected to independently prioritize work, use initiative, and function with autonomy and independent decision-making.

Examples of duties: provide academic support within individual courses, provide embedded supplemental instruction support, lead workshops and/or class sessions to support academic instruction, report compilation, highly technical programming, grant writing, database development, web development, highly technical laboratory or research work. Position in this category normally involve work that is closely related to the student’s academic program.

Increases to Student Pay

Students may be eligible for a longevity increase if the following criteria have been met:

  • The Student Worker has served in their current position for a minimum of 12 months.
  • The Student Worker has not received an increase to their compensation in the previous 12 months.
  • The direct supervisor and department director/manager recommend giving the increase.

Increases to student pay are based on the availability of student funds allocated to the department.

The maximum allowable increase for a Student Worker is 50 cents per hour per fiscal year. Increases shall not cause the Student Worker’s pay to exceed the wage range maximum for the assigned classification level.

Supervisors are responsible for notifying Human Resources, in writing, of all requests to increase pay. If requests are received prior to the student worker’s anniversary date, the increase will be effective on the anniversary. If requests are received after the anniversary date, the increase will be effective on the date the request was received in Human Resources. Increases will not be retroactive.

IV.    Employment Rules Applicable to Student Workers

A.    Standard Hours and Overtime

Student positions are temporary, part-time positions and should provide flexible work schedule to accommodate the student’s class schedule and other academic responsibilities, and should not impede the student’s academic pursuits. The following restrictions apply to all student positions:

  • Student workers are authorized to work a maximum of 19.5 hours per week during academic periods in which they are enrolled and classes are in session.
  • Students may be authorized to work up to 40 hours per week during breaks when classes are not in session (e.g. spring break) or during winter break and/or summer session if they are not enrolled in classes.
    • Authorization must be granted by the appropriate campus Executive (e.g. President/Provost/Senior Vice President/Vice President).
    • Written approval must be provided to Human Resources prior to increases the student workers hours.
  • Maximum weekly hours apply to hours worked across all jobs, within NSHE, in which the student may be employed, regardless of NSHE institution.
  • Overtime shall not be authorized for Student Workers. In the unusual event that overtime is worked, the Student Worker must be compensated at one and one-half times the normal hourly rate.
  • Student workers may not exceed the department’s budgeted salary allocation for student positions.

B.    Time Tracking and Payroll

One of the most important responsibilities of a supervisor is to ensure that student payroll information is submitted and approved in a timely and accurate manner. It is the responsibility of the student and supervisor to be aware of payroll deadlines and procedures. Payroll cutoff schedules are available from the “Workday Training Resources” worklet on the Workday homepage and by searching “Payroll.”

Payroll periods are from the 1st through the 15th and the 16th through the last day of each month.  Paydays occur on the 10th and 25th of each month.

Students must clock-in and out in Workday for each shift in which they work. Students must also submit their time for approval by their supervisor by the end of each pay period (15th and last day of the month). Supervisors must approve time within one day of the end of the pay period.

If a student is eligible for work study, their primary job will display a time type for work study and they should select that option each time they clock in. If work study is not an option, the Student Worker should select the time type of “Student Hours Worked.” Supervisors and Student Workers will be notified by HR when they are awarded work study.

If a student fails to clock-in or out for a particular shift, the supervisor or timekeeper can enter the time retroactively. Retroactive time entry can be logged for two prior pay periods. Supervisors should contact Human Resources if retroactive pay is needed beyond two prior periods.

C.    Performance Evaluation

Evaluations are valuable tools in assessing a student’s progress, providing positive reinforcement, discussing areas of improvement, and for establishing goals for the individual and the department.

It is important that supervisors identify job responsibilities and expected performance standards for the Student Worker and provide ongoing and consistent evaluation of work performance. Human Resources recommends that Student Workers be evaluated at the conclusion of each semester.

A standard evaluation form assists supervisors with evaluation process. The form can be found in the documents section of the NSC Portal, under Human Resources > Forms > Performance Evaluation Forms.

D.    Breaks and Meals

Breaks: Student workers are entitled to one 15-minute rest period, with pay, for every consecutive 4-hour period in which they work. In general, rest periods should occur near the middle of each 4-hour period but should not be taken at the beginning or end of the work period.

Meals: Student workers, who work a consecutive 6-hour work period are entitled to one unpaid 30-minute meal period. Supervisors may authorize a meal period of up to 1-hour. Meal periods should occur near the middle of the shift but may not be taken at the beginning or end of the work period.  Employees may not work through or skip their scheduled meal period.

E.    Benefits

Every Student Worker is covered during their working hours by Workers’ Compensation Insurance for work-related injury/illness. The coverage provides an incapacitated worker the means of support and medical care when unable to work because of a job-related injury/illness. Employees must immediately report any job-related accident or illness to their supervisor and Human Resources.  Supervisors complete appropriate forms for the Workers’ Compensation Office.

Student Workers are not eligible to receive other employment benefits such as shift differential pay, call-back pay, paid holidays, paid vacation time, paid sick leave, retirement benefits, or permanent status.

F.    Termination

Student Employment is considered at-will and can be terminated at any time by either the employer or employee and for any lawful reason. Supervisors shall consult with Human Resources prior to terminating a student worker from their position.

A student may resign from their position. Reasonable notice for the employment separation should be communicated, in writing, to the supervisor.

Where termination occurs, the supervisor or employee should initiate the termination/resignation function within Workday when feasible following the notice of termination.

FORMS/INSTRUCTIONS

  • Student Employment Job Description
  • Student Job Requisition Template
  • Student Performance Evaluation Form

CONTACTS

SUBJECT CONTACT PHONE EMAIL
HR Director Eric Gilliland 702.992.2322 Eric.Gilliland@nsc.edu

APPROVAL

Approved by Dr. Serge Ballif, Faculty Senate Chair, June 17, 2020
Approved by Dr. Vickie Shields, Provost, June 24, 2020
Approved by President Bart Patterson, July 27, 2020

HR 2 Classified Dependent Grant-in-Aid Policy

POLICY STATEMENT

This policy provides the framework and procedures for the Nevada State College Classified Dependent Grant-in-Aid benefit.

DEFINITIONS

Spouse: Any individual lawfully married to another individual.

Domestic Partner: Any individual so registered with the Office of the Secretary of the State of Nevada.

Financially Dependent Child: A natural, adopted, or step child of a classified staff member who is not financially independent, is claimed as an exemption for federal income tax purposes under the U.S. Internal Revenue Code (26 U.S.C. § 152), and has not attained the age of 24. The classified staff member must attest to a dependency each time a grant-in-aid benefit is issued.  Financially Dependent children of a registered Domestic Partner are also eligible. For qualified dependent children who have served on active duty in the United States Armed Forces, the age limitation will be extended for a period of such active service, but not to exceed six (6) years.

Qualifying Classified Employment: Benefit-eligible Classified Staff appointment with an FTE at .50 or higher.

PROCEDURES

I. Benefit Overview

The Nevada State College Classified Dependent Grant-in-Aid program establishes a tuition assistance benefit in which qualified dependents of Nevada State College classified staff will receive reduced base registration fees for undergraduate courses.

Under this policy, qualified dependents shall refer only to Spouses or Domestic Partners and Financially Dependent Children. Classified employees must attest to dependency for each tuition reduction request and Nevada State College may at any time request proof of dependent eligibility for verification purposes.

II. Program Eligibility

Dependents of Qualifying Classified Employees must apply for the grant-in-Aaid benefit each academic term and are subject to the following limitations and requirements:

A. Limitations and Course of Study

  • The Nevada State College Classified Dependents Grant-in-Aid benefit may only be used for undergraduate state-supported courses taught at Nevada State College;
  • There are no limitations to the number of credits that will be covered for each academic term (fall, spring, summer);
  • Fees covered by this program will be equivalent to the current amount of the grant-in-aid benefit for professional employees, which pays only the State Operating Budget portion of the base registration fee as specified in Chapter 7, Section 17 of the Nevada System of Higher Education Procedures and Guidelines Manual;
  • This program does not pay for the cost of additional fees such as differential registration fees, special course fees, excess credit fees, or books;
  • If a Spouse or Financially Dependent Child does not qualify as a resident student, only the portion of the per-credit registration fee allocated to the State Operating Budget is paid by this benefit;
  • Individuals are personally responsible for, and agree to indemnify and hold Nevada State College harmless for, any and all tax liabilities that may arise from this benefit.

B. Maintenance of Award Eligibility

  • Recipients of the Nevada State College Classified Dependents Grant-in-Aid benefit must meet the Financial Aid Satisfactory Academic Progress (SAP) requirements as follows:
    • Meet the minimum required undergraduate cumulative grade point average;
    • Satisfactorily complete at least 70% of cumulative credit hours attempted;
    • Complete their degree/certificate program within the maximum time frame of credit hours allowed. Undergraduates seeking their first baccalaureate degree cannot attempt more than 180 credits.

III. Procedure for Requesting Benefit

Requests for benefit shall be processed and approved via the following process:

A. Submission of the Classified Dependent Grant-in-Aid Request Form

  • Form is located on the Nevada State College portal and can accessed via the following path: Documents > Human Resources > Forms > Benefits.
  • Must be completed and submitted for each academic term in which a benefit is being requested.
  • Completed forms must be received in Human Resources no later than two (2) weeks before the start of the academic term in which the benefit is requested. Submission after the two-week deadline may delay processing of the benefit and may require out-of-pocket payment for courses with reimbursement to follow.

B. Course Registration and Payment

  • If not already complete, finalize course registration for the selected academic term.
  • Pay for additional fees and/or credits not covered by the Classified Dependent benefit.

FORMS/INSTRUCTIONS

Classified Dependent Grant-in-Aid Request Form

APPROVALS

Approved by Kevin Butler, Senior Vice President of Finance & Administration
Approved by President Bart Patterson.

PS 8 Sexual Assault, Domestic Violence, Dating Violence, and Stalking Policy

POLICY STATEMENT

Nevada State College is a diverse community committed to creating and maintaining a safe campus where all persons who participate in College programs and activities can work and learn together in an atmosphere free of all forms of harassment, discrimination, or intimidation. Sexual harassment, sexual assault/sexual misconduct, domestic violence, dating violence, and stalking are violations of College policy.

Nevada State College will respond promptly to reports of sexual harassment, sexual assault/sexual misconduct, domestic violence, dating violence and stalking.

DEFINITIONS

Coercion: 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, or when committed with 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.

In the context of sexual misconduct, coercion is the use of pressure to compel another individual to initiate or continue sexual activity against an individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity.

Consent: An affirmative, clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual 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 sexual 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 sexual relations between the participants does not constitute consent to any other sexual act.

The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.

Affirmative consent must be ongoing throughout the sexual activity and may be withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop.

Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual 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 it is the result of any coercion, intimidation, force, or threat of harm.

Dating Violence: Nevada law does not distinguish between Dating Violence and Domestic Violence. For Clery reporting purposes crimes meeting the below definition will be reported as dating violence:

Dating violence is an act committed by a person who is or has been in a “dating relationship” with the reporting party:

    1. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context; and
    2. Dating violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the reporting party. Dating violence includes, but is not limited to, mental, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts coved under the definition of domestic violence. For the purpose of complying with 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.

 Domestic Violence: Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:

    1. A battery.
    2. An assault.
    3. Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.
    4. A sexual assault.
    5. A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:
      • Stalking.
      • Arson.
      • Trespassing.
      • Larceny.
      • Destruction of private property.
      • Carrying a concealed weapon without a permit.
      • Injuring or killing an animal.
    6. A false imprisonment.
    7. Unlawful entry of the other person’s residence, or forcible entry against the other person’s will if there is a reasonably foreseeable risk of harm to the other person from the entry.

Preponderance of the Evidence: The evidence establishes that it is more likely than not that the misconduct occurred.

Sexual Assault: A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, is guilty of sexual assault. (NRS 200.366(1))

Stalking: A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, commits the crime of stalking. (NRS 200.575(1))

PROCEDURES

I. Reporting Domestic Violence, Dating Violence, Sexual Assault, and Stalking

The College encourages all members of the college community who believe that they have experienced sexual misconduct or gender-based violence to seek immediate medical attention and take steps to preserve pertinent information and tangible materials, regardless of whether or not an individual wishes to make a report to the College or law enforcement.

How to File a College Complaint

 Individuals who believe that they are victims of dating violence, domestic violence, sexual assault, or stalking should notify the College’s Title IX Coordinator, Eric Gilliland. Contact information for Mr. Gilliland follows below. Complaint forms are also available online at https://nsc.edu/title-ix/. Lastly, employees may also notify their supervisors, department chair or director of a unit.

Title IX Coordinator

Eric Gilliland, eric.gilliland@nsc.edu, 702-992-2322.

II. Next Steps & Anticipated Timelines

Upon receipt of a report of domestic violence, dating violence, sexual assault, or stalking, the Title IX Coordinator will conduct an investigation to determine if disciplinary charges are warranted.  If, after conducting an investigation of the allegation, the Title IX Coordinator believes that there is sufficient information to support a violation of College policy, the case is referred to the appropriate administrative officer for adjudication.

For students, cases are referred to the Dean of Students and adjudicated under the Student Code of Conduct https://nsc.edu/college-policies/student-code-of-conduct/

  • Staff cases are referred to the appropriate Academic Department or Department of Human Resources.

For staff, cases are referred to the Department of Human Resources.

  • The College seeks to resolve such complaints within 60 business days from receipt of a report, excluding days classes are not in session. Circumstances may require the College to extend this overall time frame or any individual time frame discussed in this Policy. Examples of reasons why time frames may need to be extended include the complexity of the case, delays due to fall/spring/summer/holiday breaks, inclement weather, and other extenuating circumstances. Exceptions to these time frames will be communicated to the Complainant and Respondent.

III. Standard of Evidence

When an incident of domestic violence, dating violence, sexual assault, or stalking is reported to NSC, these violations are adjudicated based on standard of evidence known as “preponderance of the evidence” during any institutional conduct proceeding arising from such a report.

Evidence Preservation

Although in the immediate aftermath of an incident, an individual may not be interested in reporting the incident to the College or in pressing charges, preserving evidence immediately can be vital to a successful investigation if, in the future, an individual decides to move forward with a civil, criminal, or College conduct case, or seeks a protective order.

Here are some tips on preserving evidence:

  • Avoid any of the following before seeking medical attention: showering, bathing, douching, brushing of teeth, going to the bathroom, drinking, and/or change of clothing.
  • Similarly, any clothing, towels or bedding should remain untouched pending collection by law enforcement. Whether or not an individual has chosen how to proceed at the time of the medical examination, taking the step to gather evidence will preserve the full range of options to seek resolution through the pursuit of criminal investigation or through the College’s complaint processes.
  • If an individual has any bruising or injuries, they should take photos of the bruising with a camera and document the date and time of the photograph (cell phones automatically do this). If an individual goes to the hospital they can do this as it is deemed necessary.

Medical attention is also strongly encouraged.  If a survivor of sexual assault would prefer to remain anonymous, they can receive an evidentiary exam at no cost at an area hospital without filing a police report.  These exams are filed under a Jane/John Doe name. If a survivor chooses to file a police report, it should be noted that a police report states what happened and does not require the survivor to press charges.  The choice remains with the individual whether to press charges.

IV. Individuals or Organizations that Can Assist Victims

The following support services are available should victims want to access them:

  • Dean of Students at (702) 992-2511.
  • Title IX and the Office of Compliance at (702) 992-2322.
  • To notify and report the crime off-campus, contact the Henderson Police Department at (702) 267-5000 or the appropriate jurisdiction, or 9-1-1.
  • University Police Services at (702) 895-3669 or 9-1-1 from a campus phone.

V. Options Regarding the Involvement of Law Enforcement

  • You have the option to report to, or decline to report to the University Police Services and local law enforcement: Although the College strongly encourages prompt reporting of dating violence, domestic violence, sexual assault, or stalking individuals have the option of reporting to (a) local law enforcement; (b) the College, including University Police Services; (c) both (a) and (b); or (d) none of the above.  This means that individuals have the right to decline to notify the College or law enforcement officials.
  • If you want to notify local law enforcement, the College can assist you in notifying those authorities: If an individual wants to notify local law enforcement, then the College will, upon request, help that individual make a report to local law enforcement.  A report to local law enforcement is separate from a report to the College.
  • Process of Making a Police Report: Depending on the circumstances of an incident, University Police Services may meet you at the hospital, on campus, or at the police station. An officer will document the case with a written report. It is very important for an individual to provide the most comprehensive, accurate details of the crime to the officer. Sometimes a person may have distorted memories of the event; it is okay for a person to say “I don’t remember” or “I’m not sure,” without any penalty. A police interview can take up to a few hours, depending on the circumstances of the case. Questions often include the timeline of events, what (if anything) was said, whether there was additional physical assault or injury, if weapons were used, and any descriptive features that were noticed about the Respondent. It is likely the officer may go over the events of an assault repeatedly when writing the report; this is intended to gather as many details as possible, to make the strongest case. Information is gathered then given to a detective who will review the same information. All individuals have the right to stop a report at any time, not complete the report, or request a break, if they feel overwhelmed.
  • Contact Information: An individual who wishes to pursue criminal action in addition to, or instead of, making a report to the College for dating violence, domestic violence, sexual assault, or stalking may contact law enforcement directly by calling: 911 (for emergencies) or 702-985-3669 for University Police Services or in-person at one of the locations mentioned above.

 VI. Availability of Protective Orders

In some cases, an individual may wish to consider a Protection from Abuse Order from the local courts.  This is a civil proceeding independent of the College.  If a court order is issued the College will, to the extent possible, assist the protected person in benefiting from the restrictions imposed by the court and will also facilitate on-campus compliance with the order.

Separate from protective orders, the College can in some cases issue a “no contact” order pending the outcome of a College investigation.  Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another.

 VII. Efforts to Protect Confidentiality of Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking

The College will attempt to protect the confidentiality of victims of dating violence, domestic violence, sexual assault, or stalking the following ways:

  • In completing any publicly-available recordkeeping, including Clery Act reporting and disclosures, such as the daily crime log, the College takes all efforts to avoid the inclusion of personally identifying information about the victim, to the extent permissible by law.
  • In addition, when the College assesses or delivers protective measures and accommodations, the College will attempt to keep personally identifiable information about the victim as confidential (shared only with persons with a need to know) to the extent that maintaining such confidentiality would not impair the ability of the College to provide such support. The Title IX Officer and/or the Dean of Students will determine what, if anything must be disclosed and to whom.  This decision will depend on the facts and circumstances of the unique situation and the measure being requested.

VIII. Written Information Made Available to Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking

The College will provide the following information to students and employees:

  • Written notification is made to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services available for victims both on-campus and in the community.
  • Written notification is made to victims about options for, available assistance in, and how to request changes to academic living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

Any student or employee who reports to NSC that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee’s rights and options.

IX. Disciplinary Action in the Case of Alleged Domestic Violence, Dating Violence, or Stalking

Nevada State College is committed to creating and maintaining workplace and educational environments that are free from all forms of sexual discrimination, including sexual misconduct.  Any act involving sexual harassment, violence, coercion, and intimidation will not be tolerated.  The College prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking.  It is the practice of NSC’s Title IX Coordinator to investigate any allegations of sexual misconduct and to take immediate action by providing interim resources and accommodations to both the accused and the accuser.

About These Proceedings

  • Such proceedings provide a prompt, fair, and impartial investigation and resolution and are conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking in addition to how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
  • The accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding; including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and
  • Both the accuser and the accused shall be simultaneously informed, in writing, of:
    • The outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking.
    • The institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding.
    • Any change to the results that occurs prior to the time that such results become final, as well as when such results do become final.
  • NSC will, upon written request, disclose to the alleged victim of a crime of violence (as that term is defined in section 16 of title 18, United States Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by NSC against a student who is the alleged perpetrator of such crime or offense If the alleged victim is deceased the next of kin of such victim shall be treated as the alleged victim.
  • An institution, or an officer, employee, or agent of an institution, may not retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision in this section.

List of Potential Sanctions

Students, faculty, or staff who are found in violation of College policy by committing acts of domestic violence, dating violence, sexual assault, or stalking may be 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, the Nevada Administrative Code. Other lesser sanctions may be imposed, depending on the circumstances.  Complaints may also be filed against visitors, consultants, independent contractors, service providers and outside vendors whose conduct violates this policy, with a possible sanction of limiting access to institution facilities and other measures to protect the campus community.

For students, the following list includes all the possible sanctions that NSC may impose following the results of any institutional disciplinary proceeding from an allegation of dating violence, domestic violence, sexual assault, or stalking.  Depending upon the severity of the violation, and whether a repeat or multiple violations are involved, recommendations for sanctions may be imposed in any order or combination.  In addition to the disciplinary, educational, community, and health initiative sanctions identified below, and in the College’s sole discretion, a student/student organization may be required to perform specific restitution service, to complete counseling or other specialized treatment or support services, and/or be required to participate in an activity or program whose purpose is to redirect behavior. This is monitored by NSC’s Dean of Students.

Any violation of the Code that is motivated by race, ethnicity, religion, gender, sexual orientation, age, creed, national origin, disability, or veteran status may subject the student/student organization to the imposition of a sanction more severe than would be imposed in the absence of such motivation.

A sanction may have an accompanying administrative fee, in which case the student will be notified at the time the sanction is assigned. Payment of an administrative fee will be considered part of the successful completion of the sanction.

Failure to comply with any such sanction or requirements will constitute an additional violation of the Code, and may result in additional and increased sanctions in accordance with the procedures set forth in this Code.

Sanctions:

RESTRICTIONS, LOSS OF PRIVILEGES, AND EXCLUSION FROM ACTIVITIES.  Exclusion/restriction from participation in privileges, extracurricular activities, holding office, or represent the College.  Loss of use privileges for designated College facilities, denial of the use of a vehicle on campus, and/or other restrictions consistent with the violation committed.

CONDUCT PROBATION. The terms of probation will be determined at the time the probation is imposed. Probation may include exclusion from participation in privileges or extracurricular activities. The student/student organization placed on probation shall be notified in writing that the commission of prohibited acts will lead to additional and/or increased conduct sanctions.

DISCIPLINARY CONDUCT SUSPENSION. This is the temporary separation of the student from the College for a specified period of time and/or until specific conditions, if imposed, have been met. A disciplinary suspended student shall not participate in any College-sponsored activity and shall be barred from all College campuses and properties. The student will be notified in writing of the suspension. The official transcript of the student shall be marked “Not In Good Standing” The parent(s) or legal guardian(s) of students under the age of eighteen (18) years shall be notified of the action. After the suspension period has elapsed, the student will be placed on conduct probation for a period of time that is equal to the amount of time that the student was suspended. At the end of the probationary period, the student will be classified as being in “good standing” provided that no further Code violations have occurred.

EXPULSION OR TERMINATION. Permanent separation of the student from the College. The expelled student shall not participate in any College-sponsored activity and shall be barred from all NSHE campuses and properties. The official transcript of the student shall be marked “Conduct Expulsion Effective (date).” The parent(s) or legal guardian(s) of a student under the age of eighteen (18) years shall be notified of the action.

REQUIRED EDUCATIONAL/RESTITUTION ACTIVITIES. Mandatory participation in educational activities or programs of community restitution service on campus or in the community, as approved.

ADMINISTRATIVE CONDUCT HOLD. A status documented in the Registrar’s official file that precludes the student from registering for classes and/or accessing official transcripts until clearance from the Dean of Students.

INTAKE/ASSESSMENT/TREATMENT REFERRALS. A student may be referred to NSC’s All About You Counseling or a community mental health provider to complete an intake and assessment involving alcohol, controlled substance, or other identified issues arising from a violation. In the College’s discretion, proof of participation or completion of treatment may be required. When appropriate, a student may be referred to an off-campus provider for such services at the student’s expense.

X. Range of Protective Measures Available

These measures may include, but are not limited to:

  • the implementation of a NSC-issued no-contact order
  • academic accommodations
  • residential accommodations
  • transportation accommodations
  • employment accommodations
  • safety consultations with University Police Services
  • personal protection devices
  • on-campus escorts

XI. Resources

The College provides additional information on sexual harassment and sexual violence trainings.  New faculty, staff and student workers will be notified of sexual harassment and sexual violence prevention training during orientation.  Current faculty and staff can access training through the Law Room.  Students are assigned training through CampusClarity.

In addition, NSC’s Office of Human Resources also provides training on Title IX and Sexual Harassment and oversees the College’s web based training programs that include trainings on Campus SaVE Act and Title IX.

NSC’s LawRoom/CampusClarity Training Library includes:

  • Student training library:
    • Alcohol, Drugs, Sexual Assault harm-reduction training
    • Title IX and Campus SaVE Act training (main course)
  • Staff/faculty training library:
    • Overview of Title IX and Campus SaVE Act
    • Prevent harassment, discrimination, & retaliation
    • Family Educational Rights and Privacy Act (FERPA)

Students and staff may report an incident to the Student Conduct Office via the NSC Portal. In addition, any staff member who is concerned about the health, safety, and/or well-being of student can make a referral to the CARE Team.

CONTACTS

Edith Fernández, Office of College and Community Engagement
702-992-2358
Edith.fernandez@nsc.edu

Eric Gilliland, Title IX Coordinator
702-992-2322
Eric.gilliland@nsc.edu

Stefanie Coleman, Dean of Students
702-992-2511
Stefanie.coleman@nsc.edu

RELATED INFORMATION

  • Title IX of the Education Amendments Act of 1972

HISTORY

None

APPROVALS

Dr. Vickie Shields, Provost, September 26, 2019.
Mr. Bart Patterson, President, September 30, 2019.