[Rev. 3/31/2020 5:58:56 PM]
[NAC-388C Revised Date: 3-20]
CHAPTER 388C - UNIVERSITY SCHOOLS FOR PROFOUNDLY GIFTED PUPILS
388C.100 “Crime involving moral turpitude” defined.
388C.150 Circumstances under which volunteer deemed to have regular contact with pupils for purposes of background investigation; exceptions.
NAC 388C.100 “Crime involving moral turpitude” defined. (NRS 385.200, 388C.110, 388C.200)
1. As used in NRS 388C.100 and 388C.200, the Superintendent of Public Instruction will consider a person to have been convicted of a crime involving moral turpitude or an offense involving moral turpitude, as applicable, if the person has been convicted of:
(a) An offense of a sexual nature in violation of NRS 200.364 to 200.373, inclusive, 200.378, 200.700 to 200.790, inclusive, 201.160 to 201.190, inclusive, 201.210, 201.220, 201.230, 201.235 to 201.254, inclusive, 201.256 to 201.2655, inclusive, 201.295 to 201.450, inclusive, or 201.470 to 201.560, inclusive.
(b) An offense involving involuntary servitude or trafficking in persons in violation of NRS 200.463 to 200.469, inclusive.
(c) An offense of a violent nature in violation of NRS 200.010 to 200.300, inclusive, 200.380 to 200.450, inclusive, or 200.471 to 200.490, inclusive, but not including a first violation of NRS 200.481 or 200.485 if that violation is punishable as a misdemeanor.
(d) Unlawful possession or use of a firearm, explosive or other weapon in violation of NRS 202.255 to 202.440, inclusive, or 202.750 to 202.840, inclusive.
(e) Terrorism in violation of NRS 202.441 to 202.449, inclusive.
(f) Abuse, neglect or endangerment of a child or abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person in violation of NRS 200.508 to 200.5085, inclusive, 200.5099, 200.50995 or 201.110.
(g) Arson in violation of NRS 205.010 to 205.055, inclusive.
(h) Burglary or receipt of stolen property in violation of NRS 205.060 to 205.080, inclusive, 205.273, 205.2745 or 205.275.
(i) Kidnapping or false imprisonment in violation of NRS 200.310 to 200.359, inclusive, or 200.460.
(j) Aiding another person in the commission of an offense punishable as a felony or gross misdemeanor or rescuing a prisoner from lawful custody in violation of NRS 195.030 or 199.100.
(k) Identity theft in violation of NRS 205.461 to 205.4651, inclusive.
(l) An offense committed under color of authority in violation of NRS 197.200.
(m) Bribery, extortion or coercion in violation of NRS 197.010 to 197.110, inclusive, 201.570, 205.320, 205.322 or 207.190.
(n) Manufacturing, cultivation or distribution of a controlled substance in violation of NRS 453.316 to 453.348, inclusive.
(o) Cruelty to animals in violation of NRS 574.100 to 574.120, inclusive.
(p) Attempt, conspiracy or solicitation to commit any offense listed in paragraphs (a) to (o), inclusive.
(q) Any offense that is substantially similar to an offense listed in paragraphs (a) to (o), inclusive, whether committed in this State or another jurisdiction.
(r) If the person was convicted within the immediately preceding 10 years:
(1) Possession of a controlled substance in violation of NRS 453.336 but excluding any conviction for possession of an amount of marijuana deemed to be for personal use in the jurisdiction where the conviction occurred.
(2) Contributing to the delinquency of a minor in violation of NRS 201.110.
(3) Fraud in violation of NRS 205.2747, 205.330 to 205.460, inclusive, 205.46513 to 205.4657, inclusive, 205.506, 205.520 to 205.810, inclusive, 205.880, 205.900, 205.920, 205.940, 205.950 or 205.960.
(4) Embezzlement in violation of NRS 205.300 to 205.312, inclusive.
(5) Forgery or counterfeiting in violation of NRS 205.085 to 205.217, inclusive, 205.2705, 205.481, 205.492 or 205.965.
(6) Grand larceny in violation of NRS 205.220 to 205.230, inclusive.
(7) Theft or facilitating theft in violation of NRS 205.0821 to 205.0835, inclusive, 205.267, 205.270, 205.2707, 205.2715, 205.860, 205.910, 205.930 or 205.970.
(8) Driving under the influence of alcohol or a prohibited substance in violation of NRS 484C.110, 484C.120, 484C.130 or 488.400 to 488.520, inclusive, if the offense is a second or subsequent offense or is punishable as a felony.
(9) Petit larceny in violation of NRS 205.240, if the offense is a second or subsequent offense.
(10) Attempt, conspiracy or solicitation to commit any offense listed in subparagraphs (1) to (9), inclusive.
(11) Any offense that is substantially similar to an offense listed in subparagraphs (1) to (9), inclusive, whether committed in this State or another jurisdiction.
2. A conviction of a crime punishable as a felony in this State that is not listed in subsection 1:
(a) Will not be considered a conviction of a crime involving moral turpitude or offense involving moral turpitude; and
(b) May be deemed by the Superintendent to be related to a position with the university school for profoundly gifted pupils for which an applicant has applied pursuant to NRS 388C.200.
(Added to NAC Sup’t of Public Instruction by R136-15, eff. 12-19-2017)
NAC 388C.150 Circumstances under which volunteer deemed to have regular contact with pupils for purposes of background investigation; exceptions. (NRS 385.080, 388C.200)
1. For the purposes of NRS 388C.200:
(a) A volunteer at a university school for profoundly gifted pupils, including, without limitation, a parent or guardian of a pupil, student teacher, unpaid coach, adviser, tutor or mentor, shall be deemed to have regular contact with pupils if the volunteer interacts with pupils at the same university school for profoundly gifted pupils:
(1) At least four times in 1 month; or
(2) At least once each week for 4 or more consecutive weeks.
(b) A student who is enrolled at an institution of higher education shall not be deemed to be a volunteer if the student is:
(1) Taking a course which requires the student to be present in the classroom of the university school for profoundly gifted pupils on a limited basis to observe and to be observed in the classroom; and
(2) Under direct supervision of a teacher or his or her professor at all times while in the classroom.
2. The governing body of a university school for profoundly gifted pupils is not required to forward fingerprints submitted by a volunteer pursuant to NRS 388C.200 to the Central Repository for Nevada Records of Criminal History if the volunteer submits sufficient evidence to the governing body or the governing body otherwise determines that:
(a) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, a federal, state or local governmental entity or nonprofit entity conducted an investigation into the criminal background of the volunteer that included the submission of fingerprints to the Federal Bureau of Investigation for the purpose of interacting with pupils at school as a volunteer; and
(b) The person was determined eligible to interact with pupils as a volunteer after the investigation.
3. In addition to the exception described in subsection 2, the governing body of a university school for profoundly gifted pupils is not required to forward fingerprints submitted by a volunteer pursuant to NRS 388C.200 to the Central Repository for Nevada Records of Criminal History if the volunteer submits sufficient evidence or the governing body otherwise determines that:
(a) The volunteer is employed by a federal, state or local governmental entity which conducted an investigation into the criminal background of the volunteer that included the submission of fingerprints to the Federal Bureau of Investigation; and
(b) The employer subsequently determined that the person is eligible to have unrestricted interaction with children as part of his or her official duties, which may include an unsupervised meeting with a pupil at a school.
(Added to NAC by Bd. of Education by R016-18, eff. 10-25-2018)