Certain applicants for employment to submit additional information regarding prior employment; action based on such information must be brought in State; penalties for providing false or incomplete information.

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1. Any applicant for employment with a private school who may have direct contact with pupils must, as a condition to employment, submit to the governing body of the private school with which the applicant seeks to obtain employment, on a form prescribed by the Department:

(a) The name, address and telephone number for the applicant’s current employer, any former employer of the applicant that was a school or school district and any other former employer with whom the applicant was employed in a position that involved direct contact with children;

(b) Any other contact information for the employer or former employer described in paragraph (a) prescribed by the governing body of the school with which the applicant seeks to obtain employment;

(c) Written authorization for the employer or former employer described in paragraph (a) to release the information prescribed in NRS 394.1607; and

(d) A written statement indicating whether the applicant has:

(1) Except as otherwise provided in this subparagraph, been the subject of an investigation concerning an alleged sexual offense conducted by an employer, licensing agency, law enforcement agency, agency which provides child welfare services, agency which provides child protective services or a similar agency. An applicant is not required to provide the information described in this subparagraph if, after investigating the alleged violation, the employer or agency determined that the allegations were false, unfounded, unsubstantiated or inconclusive.

(2) Been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation, and was found, upon conclusion of the investigation, to have committed the sexual offense.

(3) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

2. Any action brought by an applicant for employment described in subsection 1 against the governing body of a private school or an employee thereof which is based upon information obtained by the governing body of the private school with which the applicant seeks employment to determine the fitness of the applicant for employment, including, without limitation, an action for defamation, must be brought in a court in the State of Nevada and governed by the laws of this State.

3. Any applicant for employment described in subsection 1 who knowingly provides false information or willfully fails to disclose any information required by this section:

(a) Is subject to discipline, including, without limitation, termination of employment or a civil penalty pursuant to NRS 394.161; and

(b) Is guilty of a misdemeanor.

(Added to NRS by 2017, 3979)


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