Records on Title IX Office Actions (University of Nevada, Las Vegas)

Dear Jessica Cabrera:

Thank you for your interest in public records from the University of Nevada, Las Vegas.  Your request was received in the Office of Public Affairs on 3/31/2024 and given the request number R001748-033124 to track its progress, receive updates, and access any records released to you.
You requested: "To Whom It May Concern:

Pursuant to the Nevada Public Records Act, I hereby request the following records:

- "Records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment" from the academic years of 2021-2022, 2022-2023, 2023-2024.
- According to the Board of Regents Handbook, Title 4, Chapter 8, Section 14, records may include:
In each instance, the institution must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the institution’s education program or activity. If an institution does not provide a party with supportive measures, then the institution must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the institution in the future from providing additional explanations or detailing additional measures taken.
(https://nshe.nevada.edu/wp-content/uploads/file/BoardOfRegents/Handbook/title4//T4-CH08%20Student%20Recruitment%20and%20Retention%20Policy%20Equal%20Employment%20Opportunity%20Policy%20and%20Affirmative%20Action%20Program%20for%20NSHE.pdf)

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Jessica Cabrera

Upload documents directly: https://www.muckrock.com/

Your request is being processed in accordance with the Nevada Public Records Act (NPRA), Nevada Revised Statutes (NRS) Chapter 239, and the Nevada System of Higher Education (NSHE) Board of Regents Handbook and Policies. Pursuant to NRS 239.0107(1)(c) within five (5) business days from the day after receiving this request for public record, the UNLV Office of Public Affairs will provide records or notify the requester of of the following: one

* Provide readily available record(s) to the requester for inspection or copying
* Give notice that the University is not the custodian of the record(s) and, if known, refer the requester to the appropriate state agency to request the record(s)
* Give notice that the record(s) will not be available within the five-day period and provide an estimated date when the record will be available for release.
* Provide notice that the request for release is denied, in part or in whole, and state the legal basis for its decision. If we release records, you can download them for a limited period of 60 days.
PLEASE NOTE: Nevada Administrative Code (NAC 239.867) provides no requirement for state agencies to create a public record that does not exist. Requests for information, legal research, or answers to general questions are not subject to the Nevada Public Records Act and will be handled accordingly.
Regularly monitor the progress of your request in My Request Center

Sincerely,

Office of Public Affairs
University of Nevada, Las Vegas

--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST updated 04/03/2024, Request # R001748-033124.
Dear Jessica Cabrera,
The University of Nevada, Las Vegas (UNLV) denies your request for documents relating to Title IX investigations, including consequences, as such records, if any, are deemed confidential and exempt from disclosure.  See Nevada System of Higher Education (NSHE) Handbook, Title 4, Chapter 8, Section 14(C)(3)(b)(vi) and NSHE Code, Title 2, Chapter 5, Section 5.6.2; Nevada Administrative Code (NAC) 284.718; Family Educational Rights and Privacy Act (FERPA) 20 U.S.C. §1232g, 34 CFR Part 99, Nev. Rev. Stat. (NRS) 396.535; and Donrey v. Bradshaw, 106 Nev. 630 (1990) (privacy, safety, and the release of such records could chill the reporting of such incidents).
UNLV relies, in good faith, on this claim of confidentiality to refuse to disclose the requested documents, if any. NRS 239.0107(d)(2); NRS 239.012. Your request is now closed. Please do not reply to this message, as closed requests are not actively monitored.

Sincerely,
Office of Public Affairs
University of Nevada, Las Vegas