Title IX Training Completion

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 3/21/2024 and given the request number R001734-032124 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:

- Any and all records regarding members of staff, faculty, and administration's status of completion for Title IX training provided by the University of Nevada, Las Vegas for the academic year of 2023-2024.

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 03/29/2024, Request # R001734-032124.
Dear Jessica Cabrera,
Your request contains the phrase "any and all".  The use of that phrase can be intended to be very broad therefore, the University denies your request because it is not a proper request under the Nevada Public Records Act (the “Act”).
The University’s obligation is to produce public records for inspection or copying upon receipt of a request that “is sufficient to identify the record.” Nevada Revised Statutes (NRS) 239.863(c).  In addressing this issue, courts have held that “agencies are required to disclose only ‘identifiable’ governmental records not otherwise exempt;” “the request to the agency must itself be focused and specific.” Rogers v. Superior Court, 19 Cal. App.4th 469, 481 (1993). “Wholesale requests for general information to be analyzed, collected and compiled by the responding government entity are not encompassed therein.” Hodai v. City of Tucson, C20141225 (Ariz. Super. Ct. 2014) citing mag Entertainment LLC v. Div. of Alcohol Beverages Control, 868 A.2d 1067. 1076 (N.J. Sup. Ct., App. Div. 2005).  A government agency is not required to respond to an overly broad request that does not seek specific records.  Id. at 1074, citing Capitol Info. Assoc. v. Ann Arbor Police, 360 N.W.2d 262, 263 (1985).
In regards to your request for those who have completed Title IX training for the academic year of 2023-2024, the University does not maintain records as requested.  Training takes place within 6 months of hire and then every two years thereafter.  See NSHE Handbook, Title 4, Chapter 8, Section 14(A)(2)(b).
However, UNLV can report that as of March 26, 2024, 7,296 employees have completed training. If you have any questions, please contact publicrecords@unlv.edu and include the reference number in the subject line. Your request is complete and 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