[Rev. 12/21/2019 12:37:58 PM--2019]

CHAPTER 398 - INTERCOLLEGIATE ATHLETICS

GENERAL PROVISIONS

NRS 398.005           Definitions.

NRS 398.045           “Institution” defined.

NRS 398.055           “National collegiate athletic association” defined.

NRS 398.061           “Proceeding” defined.

IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

NRS 398.155           Proceedings: General requirements.

NRS 398.165           Proceedings: Record.

NRS 398.175           Proceedings: Transcription of oral statements.

NRS 398.185           Proceedings: Evidence.

NRS 398.195           Proceedings: Person presiding.

NRS 398.205           Proceedings: Decision and findings.

NRS 398.215           Proceedings: Judicial review.

NRS 398.225           National collegiate athletic associations: Compliance with procedural standards; basis of findings; nature of penalties and sanctions.

NRS 398.235           National collegiate athletic associations: Prohibited activities.

NRS 398.245           Enforcement of provisions: Injunctions and other relief.

NRS 398.255           Remedies cumulative.

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GENERAL PROVISIONS

      NRS 398.005  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 398.045, 398.055 and 398.061 have the meanings ascribed to them in those sections.

      (Added to NRS by 1989, 811; A 1991, 112; 2001, 1304)

      NRS 398.045  “Institution” defined.  “Institution” means a public or private institution that offers educational services beyond the secondary level. The term includes:

      1.  A postsecondary educational institution as defined in NRS 394.099.

      2.  A university as defined in NRS 396.838.

      (Added to NRS by 1989, 811)

      NRS 398.055  “National collegiate athletic association” defined.  “National collegiate athletic association” means a group of institutions in 40 or more states who are governed by the rules of the association relating to athletic competition.

      (Added to NRS by 1989, 811)

      NRS 398.061  “Proceeding” defined.  “Proceeding” means a proceeding by a national collegiate athletic association or an institution involving an institution located in this state or persons associated with an institution located in this state that may result in the imposition of a sanction for a violation of a rule of a national collegiate athletic association, including any related investigative action.

      (Added to NRS by 1991, 110)

IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

      NRS 398.155  Proceedings: General requirements.

      1.  In any proceeding, all parties against whom a sanction may be imposed must be afforded an opportunity for a hearing after reasonable notice. The notice must include:

      (a) A statement of the time, place and nature of the proceeding;

      (b) A reference to the particular rules governing the proceeding; and

      (c) A short and plain statement of the violations alleged and the facts underlying the allegations.

      2.  A party to a proceeding may be represented by counsel, is entitled to confront and respond to all witnesses and evidence related to the allegations against the party and may call witnesses on his or her own behalf.

      3.  At least 30 days before any proceeding, all parties to a proceeding shall provide to all other parties all affidavits or other evidence to be introduced at the proceeding.

      4.  All written statements introduced as evidence at a proceeding must be notarized and signed under oath by the person making the statement.

      5.  Informal disposition may be made of any proceeding by stipulation, settlement or default. If an informal disposition is made, the parties to the proceeding may waive the requirements of findings of fact and a decision.

      (Added to NRS by 1991, 111)

      NRS 398.165  Proceedings: Record.  A record must be kept of all proceedings. The record must include:

      1.  All pleadings, motions and rulings;

      2.  All evidence received or considered;

      3.  All matters officially noticed;

      4.  Questions, offers of proof, objections and rulings thereon;

      5.  Findings of fact and exceptions thereto; and

      6.  The decision rendered in the proceeding.

      (Added to NRS by 1991, 111)

      NRS 398.175  Proceedings: Transcription of oral statements.  At the request of any party to a proceeding, oral statements made at the proceeding must be transcribed.

      (Added to NRS by 1991, 111)

      NRS 398.185  Proceedings: Evidence.

      1.  Irrelevant, immaterial or unduly repetitious evidence must be excluded from a proceeding. Evidence may be admitted if it is of the type commonly relied upon by reasonable, prudent persons in the conduct of their affairs.

      2.  The laws of this state relating to privilege must be observed in all proceedings.

      3.  Objections to evidentiary matters may be made and must be noted in the record of a proceeding.

      4.  Evidence may be received in written form if it will result in an expedited proceeding and will not substantially prejudice a party.

      (Added to NRS by 1991, 111; A 1997, 1614)

      NRS 398.195  Proceedings: Person presiding.  A person presiding over a proceeding must be impartial and shall not communicate with a party to the proceeding concerning any issue of fact or law except upon notice and opportunity to participate by all parties.

      (Added to NRS by 1991, 111)

      NRS 398.205  Proceedings: Decision and findings.  A decision must be rendered a reasonable time after the conclusion of a proceeding. The decision and the findings of fact must be based on substantial evidence in the record, and must be supported by a preponderance of such evidence.

      (Added to NRS by 1991, 111)

      NRS 398.215  Proceedings: Judicial review.  Parties aggrieved by the decision in a proceeding are entitled to judicial review in district court in the same manner that decisions of state agencies are reviewed pursuant to chapter 233B of NRS.

      (Added to NRS by 1991, 112)

      NRS 398.225  National collegiate athletic associations: Compliance with procedural standards; basis of findings; nature of penalties and sanctions.

      1.  A national collegiate athletic association shall not impose a sanction on any institution located in this state, its employees, student athletes, students or boosters, for a violation of the rules of the association, or impose a sanction on an institution located in this state or its athletic conference for failure of the institution to impose sanctions on its employees, student athletes, students or boosters, unless the association complies with the minimum procedural standards set forth in NRS 398.155 to 398.255, inclusive.

      2.  Any finding of a violation by a national collegiate athletic association must be based upon and supported by a preponderance of evidence that:

      (a) Is of the type commonly relied upon by reasonable and prudent persons in the conduct of their affairs; and

      (b) Has been submitted and received in a hearing held and conducted in conformance with the provisions of NRS 398.155 to 398.255, inclusive.

      3.  Any penalty or sanction imposed by a national collegiate athletic association must be reasonable in light of the nature and gravity of the violation and must be consistent with penalties and sanctions previously imposed by the national collegiate athletic association upon other member institutions for violations of similar nature and gravity.

      (Added to NRS by 1991, 111; A 1997, 1614)

      NRS 398.235  National collegiate athletic associations: Prohibited activities.  A national collegiate athletic association shall not:

      1.  Prevent an institution located in this state, its athletic conference or its student athletes, from athletic competition, free from sanctions, against other institutions, unless the minimum procedural standards required by NRS 398.155 to 398.255, inclusive, are observed.

      2.  Threaten with sanctions an institution that seeks redress under the provisions of NRS 398.155 to 398.255, inclusive.

      3.  Impair the rights or privileges of membership of any institution as a consequence of any rights granted under the provisions of NRS 398.155 to 398.255, inclusive.

      (Added to NRS by 1991, 112)

      NRS 398.245  Enforcement of provisions: Injunctions and other relief.

      1.  A district court may enjoin a national collegiate athletic association or institution from violating the provisions of NRS 398.155 to 398.255, inclusive. In addition to any other relief granted, a party who brings an action for injunctive relief must be awarded costs and reasonable attorney’s fees if successful in the action.

      2.  In addition to costs and reasonable attorney’s fees, a national collegiate athletic association is liable to the aggrieved institution for an amount equal to 100 percent of the monetary loss per year or portion of a year which is suffered during the period that any monetary loss occurs as a result of a penalty imposed in violation of the provisions of NRS 398.155 to 398.255, inclusive. To calculate monetary loss for the purposes of this subsection, “100 percent of the monetary loss per year” shall be deemed to be equal to the gross amount realized by the affected athletic program during the immediately preceding calendar year.

      (Added to NRS by 1991, 112)

      NRS 398.255  Remedies cumulative.  The remedies provided in NRS 398.155 to 398.255, inclusive, are cumulative and in addition to any other remedies provided by law.

      (Added to NRS by 1991, 112)