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

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Affirmative consent must be ongoing throughout the sexual activity and may be withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop.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

Substance Abuse Policy (PS 5)

POLICY STATEMENT

The unlawful possession, use, sale, or distribution of alcohol by students or employees on NSC premises or as part of any College activity is prohibited.  The legal age for drinking alcohol in Nevada is 21. Any student or employee who violates underage drinking laws on campus may be subject to citation, arrest and/or referral for disciplinary action.

NSC is a drug free campus and the unlawful possession, use, sale, manufacture, or distribution of illegal drugs or other controlled substances on the College premises or as part of any College activity is illegal and is strictly prohibited. Any student or employee who violates federal or state law or College policy regarding the manufacture, use or possession of illegal drugs may be subject to citation, arrest, and/or referral for disciplinary action.

PROCEDURES

I. Drug Free Schools and Communities

Nevada State College has joined other colleges and universities across the nation in encouraging the elimination of alcohol and other drug abuse on our campus and in our community. This policy supports the belief that the unlawful possession or use of drugs, including alcohol, and the abuse of alcohol and any drug by students constitutes a grave threat to their physical and mental well-being, and significantly impedes the processes of learning and personal development. While the majority of adults who drink alcohol do so in an acceptable and responsible manner, there is a substantial number who misuse and abuse alcohol, with resulting problems in health, academic, and vocational performance, social and personal relationships, and financial and legal areas.

 II. Alcoholic Beverages

  1. In compliance with state law, no student may possess or consume alcohol if under 21 years of age; neither may a student offer alcoholic beverages to a minor (under 21 years).
  2. The President has the authority to designate the time and place for special events where alcoholic beverages may be served on the college campus (for student groups as well as the entire college community and guests). Students who are of legal age may consume alcohol at these events.
  3. Except as provided above, the storage, possession, or use of alcoholic beverages shall not be permitted on college-owned or college-supervised property. In addition, any student who exhibits offensive behavior on college-owned or college-supervised property, or while attending a college-sponsored event while under the influence of alcoholic beverages, shall be subject to college disciplinary action.

III. Other Substances

The use or possession of illegal and/or unauthorized drugs and drug paraphernalia is strictly prohibited.

IV. Campus Disciplinary Sanctions for Violations of Alcohol and Illegal Substance Policies

A student involved in violations of college standards of conduct will be required (unless expelled from the college) to participate in an education and assessment process as a condition of continued association with the institution. The following sanctions are presented as guidelines, indicating the range and progression of sanctions–from educational programs through expulsion. These sanctions are applied on a case by case basis, depending on the specific nature of the alcohol and drug violation. Each student’s case is evaluated in terms of that student’s level of risk posed (health or danger to self and others) by his or her substance abuse.

For violations involving alcohol, sanctions might include:

  • three-hour education seminar.
  • counseling and assessment
  • campus disciplinary probation
  • extended probation with counseling
  • suspension
  • expulsion

For violations involving the possession or use of drugs, sanctions might include:

  • disciplinary probation and referral to assessment/treatment
  • suspension
  • expulsion

For violations involving the sale of drugs, sanctions might include:

  • suspension
  • expulsion

V. Legal Standards

In addition to college student conduct standards, a student will be subjected to all local, state, and federal laws related to substance abuse or the possession/use of alcohol. The following state laws are presented which apply to any student conduct on or in the vicinity of the campus. In these instances, the student is being regarded as a resident of the state of Nevada:

  • NRS 202.020 – Purchase, consumption or possession of alcoholic beverage by a minor. Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.
  • NRS 202.040 – False representation by a minor to obtain intoxicating liquor. Every minor who shall falsely represent himself to be 21 years of age in order to obtain any intoxicating liquor shall be guilty of a misdemeanor.
  • NRS 202.055 – Sale or furnishing of alcoholic beverage to a minor; aiding a minor to purchase or procure alcoholic beverage. Every person who knowingly sells, gives, or otherwise furnishes an alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor.
  • NRS 205.460 – Preparation, transfer, or use of false identification regarding persons under 21 years of age; (1) Every person who counterfeits, forges, alters, erases, or obliterates, or… (3) Every person under the age of 21 years who uses or attempts to use or proffers any counterfeited, forged, erased or obliterated card, writing paper, document, or any photocopy print, Photostat, or other replica thereof for the purpose and with the intention of purchasing alcoholic liquor or being served alcoholic liquor entering gambling establishments shall be guilty of a misdemeanor.

VI. Legal Sanctions

Legal action provides for sanctions ranging from the imposition of fines to incarceration. These sanctions are imposed after due process is pursued. Legal sanctions are governed by the Nevada Revised Statutes (NRS). Such sanctions result from the referral of an alcohol or other drug violation which comes to the attention of the college Police Department and is referred to the District Attorney’s Office. Legal action may take place concurrently with campus disciplinary action.

VIII. Resources

For students: NSC provides a variety of free services and assistance through on-campus appointments: All About You Counseling (AAU), 702-754-0807.

NSC’s Case Manager: Laura Hinojosa, 702-992-2514.

For NSC employees, ComPsych is available for counseling services 24 hours a day, 7 days a week, at no cost:

  • Telephone: (833) 475-1008
  • TTY/TTD: (800) 697-0353
  • guidanceresources.com and register using Organization Web ID: NSCEAP

Other resources:

  • Federal Substance Abuse and Mental Health Services Administration’s Treatment Routing Services: 1-800-662-4357
  • Al-Anon: 1-800-344-2666
  • Cocaine Hotline (24/7 drug helpline): 1-866-236-1651
  • Las Vegas Recovery Center: 702-515-1373
  • Salvation Army Adult Rehabilitation Program: 702-399-2769
  • WestCare Detox: 702-383-4044
  • Alcoholics Anonymous Las Vegas Central Office: 702-595-1888, www.lvcentraloffice.org
  • Region 51 Narcotics Anonymous: 888-495-3222, www.region51na.org
  • Valley View Family Counseling Service: 702-320-3180
  • Community Counseling Center: 702-369-8700, www.cccofsn.org

RELATED INFORMATION

  • Notice to Students and Employees Regarding Illicit Drugs and Alcohol

APPROVALS

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

Administrative Faculty Merit Pay (HR 6)

POLICY STATEMENT

The Nevada State College (NSC) Administrative Faculty Merit Pay Policy supports the College’s commitment to reward excellence. Merit Pay is awarded to recognize and retain high-performing Administrative Faculty who make significant contributions to the mission and goals of NSC.

This policy defines a College-wide framework for Administrative Faculty Merit Pay determination, in compliance with Chapter 6, Section 10 of the NSC Bylaws. The policy is pursuant to the preservation of transparency in Merit Pay awards.

DEFINITIONS

Academic Faculty: Generally consists of those professional staff members who specifically create and disseminate scholarly information through teaching, or providing counseling or library services closely and directly supportive of teaching and research. (See NSHE Board of Regents Handbook, Title 4, Chapter 3, Section 2(1)(b) and NSC Bylaws Chapter 3, Section 2 (b) and, Chapter 3, Section 3(a)).

Administrative Faculty: A subset of the category of administrators defined in section 1.1.b of the NSHE Code and Title 4, Chapter 3, Section 2(1)(d) of the NSHE Board of Regents Handbook. (NSHE Code, Chapter 7, section 7.2.1.; NSC Bylaws, Chapter 3, Section 2(c) and 3(b) ).

Eligible Administrative Faculty: Administrative Faculty who have a start date at NSC no later than September 30 of the Fiscal Year.

Fiscal Year: Period beginning July 1 of one year and extending through June 30 of the next year.

Institutional Base Salary (IBS): The annual compensation paid by the College for an individual’s appointment, whether that individual’s time is spent on research, instruction, administration, or other activities. IBS excludes any income that an individual earns outside of duties stipulated in the employee’s basic appointment.

Merit Pay: Addition to Institutional Base Salary earned by eligible Administrative Faculty for high levels of performance as documented in the annual evaluation report.

Merit Pool: Total funds allocated as a designated percentage of NSC’s annual budget.

Share: Portion of the Merit Pool available to Administrative Faculty based on “excellent” and “commendable” ratings in their annual evaluations.

PROCEDURES

I. Introduction

NSHE institutions are authorized to develop written policies and criteria for Merit Pay recommendation. The award of Merit Pay is intended to recognize, reward, and reinforce exemplary performance. Merit Pay must be earned each year.

Merit Pay is awarded to Administrative Faculty members based on their contributions, accomplishments, and ongoing high levels of performance. The ability to earn Merit Pay serves as an incentive to perform well. A fundamental premise of an equitable Merit Pay system is that it is built upon a sound and valid performance management system, one that is perceived as being fair, measurable, and objective.

Merit Pay is added to Institutional Base Salary (IBS) when calculating the IBS for the new Fiscal Year; any Cost of Living Adjustment (COLA) is added to IBS after Merit Pay is calculated.

II. Criteria for Administrative Faculty Eligible for Merit Pay

The annual evaluation report provides the basis for consideration of annual Merit Pay increases. Merit Pay is awarded to Administrative Faculty who receive an overall rating of “commendable” or “excellent” on their annual evaluation reviews. All annual evaluation reports should provide sufficient information to allow for full and fair evaluation of Administrative Faculty in compliance with Chapter 5, Section 8 of the NSC bylaws.

Because annual evaluation reports are the basis for Merit Pay increases, those records are considered confidential and not a matter of public record. Once awarded, the amount of the Merit Pay increase is a matter of public record.

A. Ineligibility: Administrative Faculty members are not be eligible for Merit Pay if they receive a rating of “satisfactory” or below in their annual evaluation review. In addition, Administrative Faculty who would otherwise be considered for Merit Pay will be ineligible if they fall into any of the following categories:

  1. Newly-hired Administrative Faculty who begin employment at NSC on or after October 1 of the Fiscal Year;
  2. Administrative Faculty who received a promotion on or after October 1, unless Merit Pay eligibility is specifically included in the negotiated contract;
  3. Administrative Faculty who are in a temporary appointment. Academic faculty on a temporary Administrative Faculty appointment are eligible for merit pay under the Academic Faculty Merit Pay Policy.

B. Exclusions: The Administrative Faculty Merit Pay Policy does not apply to:

  1. Academic Faculty;
  2. Part-time instructors;
  3. Classified Staff;
  4. Casual labor;
  5. Student workers;
  6. Employees on multi-year contracts;
  7. The President.

III. Award Process for Administrative Faculty Merit Pay

Merit Pay salary increases will be awarded once annually. Merit Pay increases go into effect July 1 and first appear on August paychecks. This policy, the available Merit Pool, the number of shares to be distributed, and the value per share will be provided no later than July 1 of each year.

The annual performance evaluation will provide the basis for consideration of the annual Merit Pay increase. While specific policies may differ by unit, all Annual Evaluation Reports should provide sufficient information to allow for full and fair evaluation of faculty, pursuant of Chapter 5, section 8 of the NSC bylaws.

If an Administrative Faculty member fails to submit self-assessment materials for evaluation, the faculty member is ineligible for Merit Pay based on that year’s evaluation. If a supervisor fails to complete an annual evaluation, the Administrative Faculty member may submit their self-assessment to the supervisor’s direct supervisor for evaluation; that evaluation rating will then be used to determine eligibility for Merit Pay.

The Senior Vice President of Finance and Business Operations and/or Director of Human Resources is responsible for calculating the amount of Merit Pay awarded per Share. This amount is calculated by adding up the total number of Shares, then dividing the Merit Pool by the number of Shares.

The calculation will include both self-supporting and state-supported positions. Grant, contract, and other self-supporting funding sources should be used to pay their  Share of professional merit pay and the associated fringe costs. If grant, contract, or other self-supporting funding does not support a budget revision to include the merit increase, a merit increase will not be provided to associated positions.

A. Determining the Administrative Faculty Merit Pool:

  1. The Merit Pool is calculated using Institutional Base Salaries (prorated for FTE) for all eligible Administrative Faculty position classifications filled as of October 1st of the prior year.
  2. The Office of Human Resources will generate a report from Workday as of September 30th that provides necessary salary information and collaborate with the Office of Budget and Finance to calculate the merit pool by October 31st of each year.
  3. The Administrative Faculty Merit Pool will be one percent (1%) of the total of all eligible Institutional Base Salaries. See Appendix for an example.
  4. Fringe costs are not included in Merit Pool calculation.

B. Distribution of Merit Shares: Administrative Faculty Merit Pool funds are awarded based on annual evaluation ratings. Administrative Faculty who receive an overall rating of “commendable” or “excellent” are automatically eligible for a Share of the Merit Pool:

“Excellent”:                   2 Shares
“Commendable”:          1 Share

See Appendix for an example.

IV. Notice of Merit Pay

When an Administrative Faculty member has been awarded Merit Pay, the pay adjustment will be visible in Workday.

The official date of notification of Merit Pay awards for the purpose of review and grievance shall be (a) the first day of the fall semester or (b) the day the merit list is released to campus, whichever date is later. The Merit Pay list is considered a public record subject to disclosure.

V. Availability and Use of Merit Pool Funds

The provisions of this policy may be suspended for NSC or NSHE as a whole. Requests for suspension of the provisions of this section must be presented to the Board with justification and require approval of the Board. NSC will report annually to the Board on how the provisions of this section have been met (NSHE Handbook, Title 4, Chapter 3, Section 50).

VI. Review of Merit Pay Increase

Pursuant to Title 2, Chapter 5, Section 5.16 of NSHE Code, Administrative Faculty members who are in disagreement with their particular award of Merit Pay may seek review in accordance with the grievance process adopted in the NSC Bylaws.

RELATED INFORMATION

  • NSHE Code, Chapter 5, Section 5.12 Evaluation, 5.16 Review of Evaluations and/or Denials of Salary lncrease
  • NSHE Handbook, Title 4, Chapter 3, Section 50 Annual Professional Performance Pay Awards
  • NSC Bylaws, Chapter 6, Section 8 Evaluations; Chapter 6, Section 10 Merit Determinations; Chapter 6, Section 3-4 Grievance Procedures for Faculty

HISTORY

Replaces AD 1, adopted 12/31/2014.

APPROVALS

Approved by Dr. Sam Jewell, Faculty Senate Chair, 1/13/2022.
Approved by Dr. Vickie Shields, Provost, 1/14/2022.
Approved by Dr. DeRionne Pollard, President, 1/14/2022.

APPENDIX: SAMPLE CALCULATIONS

I. Example of Merit Pool Calculation

 If 50 Administrative Faculty made $70,000, the total Institutional Base Salary pool would be $3,500,000.

The total Administrative Faculty Merit Pool would be calculated as follows:

$3,500,000 x 1% = $35,000

 II. Example of Merit Share Distribution

 Each Faculty member is assigned shares for the ratings in the annual evaluation report.

Excellent = 2 shares
Commendable =  1 share

The value of one Merit Pay share is calculated by dividing the Merit Pool by the sum of Total Evaluation Shares.

Share Value = Merit Pool / Total Evaluation Shares

In a hypothetical year, the annual review ratings are as follows:

20 Administrative Faculty with Excellent = 40 Shares
30 Administrative Faculty with Commendable = 30 Shares
Total Evaluation Shares = 70

Example Merit Pay would be calculated as follows:

$35,000 Administrative Faculty Merit Pool / 70 Shares = $500 per Share

III. Example Administrative Faculty Merit Pay

Evaluation Rating

Initial Evaluation Shares

Merit Pay

Excellent 2 $1,000
Commendable 1 $500