In an effort to maintain integrity and safety within academic environments, Nevada law has established clear regulations prohibiting sexual relations under specific circumstances between university or college employees and students. The legislation, encapsulated in statute NRS 201.550, targets situations where there is a clear imbalance of power due to the position of authority held by the employee over the student. This law not only underscores the importance of professional boundaries in educational settings but also aims to protect students from potential exploitation. Understanding this law is vital for college employees, students, and the legal community as we collectively strive to foster a secure and respectful academic landscape.
What Does Nevada’s NRS 201.550 Statute Entail Regarding Sexual Relations Between College Employees and Students?
In the State of Nevada, the statute coded as NRS 201.550 enacts a legal prohibition against certain types of sexual engagement between staff members of higher education institutions and their students. This law comes into effect when all of the following conditions are met:
- The staff member, such as a teacher, professor or administrator, is aged 21 or older.
- The student is 16 years of age or above yet has not been awarded a high school diploma, GED or its equivalent.
- The student is actively enrolled at or is attending the same institution at which the staff member is employed.
Simply put, this legislation forbids those in positions of power within colleges or universities from entering into a sexual relationship with a student who attends the institution, is aged 16 or over, and has not completed their high school education. The goal of this law is to prevent the misuse of power by educational authoritative figures over students. The scope of the term ‘sexual conduct’ here includes:
- Any form of sexual intercourse,
- Oral-genital contact,
- Direct contact with genitals or the pubic area for arousal,
- Insertion of an object for sexual arousal,
- Masturbation in the presence of another,
- Exposing one’s genitals in an indecent manner,
- Acts involving a sadomasochistic nature,
- Any other action deemed sexually indecent towards another individual.
Both public and private academic institutions fall under the jurisdiction of NRS 201.550, which includes renowned schools like the University of Nevada, Las Vegas (UNLV), and Nevada State College. It is crucial to note that this statute does not apply where a marital relationship exists between the student and employee during the sexual activity in question.
When a student is under the age of sixteen—the age of consent in Nevada—a different set of legal charges may be pursued, including statutory sexual seduction or lewdness with a minor, detailed under NRS 200.368 and NRS 201.230 respectively.
Penalties in High School Contexts
Parallel restrictions and penalties apply within the context of high school education. Sexual conduct between certain high school employees or volunteers and students is also prohibited, echoing the principles and penal consequences set forth by NRS 201.550. For a more comprehensive understanding of laws pertaining to sexual conduct between high school staff and students, one can refer to Nevada’s NRS 201.540.
What Are the Consequences for University Staff Involved in Prohibited Relationships with Students in Nevada?
In Nevada, university or college staff members who partake in sexual activities with students, in contravention of NRS 201.550, face severe legal repercussions. The infringing act is classified as a Category C felony. Offenders are subject to:
- Incarceration ranging from one to five years,
- Fines of up to $10,000, based on the discretion of the presiding judge,
- Registration as a Tier II sex offender.
Being designated as a Tier II sex offender entails mandatory registration every six months for a duration of 25 years. Additionally, the details of these individuals are accessible on the Nevada Sex Offender Database, making this information public.
Moreover, a conviction under this statute leads to lifetime supervision, as mandated by NRS 176.0931. However, there is a provision that allows individuals to petition for relief from lifetime supervision after a period of ten years, subject to legal review and approval.
Could Non-Citizens Face Deportation for Sexual Misconduct with Students at Nevada Universities?
The clarity on whether an offense under NRS 201.550 constitutes a crime involving moral turpitude is somewhat ambiguous. Such crimes typically put non-citizens at risk of deportation. Due to the potential for these violations to affect immigration status, it is crucial for non-citizens charged with these offenses to seek the assistance of skilled attorneys.
Can Charges of Sexual Misconduct Between College Employees and Students in Nevada Be Contested?
Overcoming accusations under Nevada’s NRS 201.550, which targets sexual conduct between college employees and students, depends on establishing specifics that fall outside the law’s prohibitions. Defense strategies in these cases may revolve around several key points:
- Demonstrating the student possessed a high school diploma or its equivalent;
- Proving the college employee did not hold a position of authority;
- Establishing that no sexual conduct took place;
It is important to note that consent is not considered a viable defense in these situations.
1. Proof of High School Graduation or Equivalent
Given that a majority of students at Nevada’s colleges likely have either a high school diploma or an equivalent certificate, producing evidence of such can lead to a swift dismissal of charges. If a defense lawyer can verify the academic qualifications of the student involved, the basis for the legal action is negated.
2. The Employee’s Position Was Not Authoritative
Not all university staff members have direct authority or influence over students’ academic performances or campus life. Many occupy roles that are either administrative or support-based, without any control over student assessments or disciplinary matters. If a defense attorney demonstrates that the accused was not in a recognized position of authority, this could prompt immediate dismissal of allegations by the prosecuting attorney.
3. Absence of Sexual Conduct
In situations where the interaction was benign (such as a social hug) or if the accusations are unfounded, proving the absence of sexual conduct becomes critical. Often, concrete evidence like video footage does not exist, and allegations may rely on testimonial accounts. If the prosecution cannot substantively prove the occurrence of prohibited behavior beyond a reasonable doubt, the charges generally cannot be sustained.
Is It Possible to Seal Criminal Records for Sexual Misconduct Between University Staff and Students in Nevada?
In Nevada, a conviction under NRS 201.550, related to sexual conduct between university staff and students, cannot be sealed. However, if the charges are dismissed, the individual can seek to seal their criminal records right away. For guidance on this process, one should consult an expert familiar with the Nevada record seal process.
At ATAC LAW, we are dedicated to providing robust legal representation and informative resources on pressing legal matters. Understanding the implications of statute NRS 201.550 is critical for all parties in the academia sector. Should you find yourself in need of legal guidance regarding such issues in Nevada, our team of experienced defense attorneys is here to assist you navigate through the complexities of the law.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.