Records on Title IX Office Actions (University Of Nevada Reno)

Jessica Cabrera filed this request with the University Of Nevada Reno of Reno, NV.
Multi Request Records on Title IX Office Actions
Submitted March 27, 2024
Status
Rejected

Communications

From: Jessica Cabrera

Subject: Nevada Public Records Act Request: Records on Title IX Office Actions (University Of Nevada Reno)

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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

From: University Of Nevada Reno

Subject: PRR 2675 - Nevada Public Records Act Request: Records on Title IX Office Actions (University Of Nevada Reno)

Email

Good afternoon.

The extent to which supportive measures were offered and/or provided would be part of the Title IX investigative file. Such records are confidential. Title IX regulations make the identity of a complainant, a respondent, a person who has made a report of sex discrimination, a person who has been reported to be the perpetrator, and any witness, confidential unless FERPA exceptions apply. See 34 C.F.R. § 106.71(a). Title IX complaints and investigations of complaints involving employees, if any, are confidential personnel matters and are protected from public disclosure under the Board of Regents Handbook, the NSHE Code (including section 5.6.2) and the common law balancing test. Donrey v. Bradshaw, 106 Nev. 630, 636, 798 P.2d 144 (1990). The NSHE Code has the force and effect of statute. State ex rel. Richardson v. Board of Regents, 70 Nev. 144, 150 (1953). To the extent such complaints and investigations, if any, also involve students, they are confidential under the Family Educational Rights and Privacy Act ("FERPA"), which deems education records of students to be confidential. See 20 U.S.C. section 1232g(4) and 34 C.F.R. section 99.3. Such records are also confidential under the common law balancing test. Donrey v. Bradshaw, 106 Nev. 630, 636, 798 P.2d 144 (1990). Therefore, if such records exist, they would be confidential and not subject to production.

Thank you,
Jodi

Jodi Fraser
Manager, Administration
(775) 784-4031

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