1. The State of Nevada, any institution of higher education and any officer or employee thereof are immune from civil liability for damages sustained as a result of an act or omission of the State, institution, officer or employee in response to or on the basis of the public-health crisis caused by the COVID-19 pandemic which impacted the provision of educational services by an institution of higher education during the spring semester of 2020 if: (a) The act or omission was reasonably related to public health and safety and was performed in good faith; and (b) The claim arises out of or in connection with tuition or fees paid to an institution of higher education for the spring semester of 2020. The Legislature declares that the purpose of this subsection is to advance the compelling state interest in safeguarding the State Treasury, ensuring the stability and long-term sustainability of institutions of higher education and encouraging the State and its institutions of higher education to respond effectively to future health crises in alignment with federal, state and local guidance. 2. For the purposes of subsection 1, an act or omission of the State, any institution of higher education or any officer or employee thereof shall be deemed to have: (a) Impacted the provision of educational services by an institution of higher education during the spring semester of 2020 if the act or omission: (1) Caused the cessation of educational services for any period; (2) Caused the closure of a campus or facility operated by or under the control of an institution of higher education in whole or in part or otherwise limited access to any such campus or facility in whole or in part; (3) Modified the manner in which educational services were provided, including, without limitation, by authorizing or requiring a transition to online or otherwise remote instruction; or (4) Otherwise interfered with the provision of educational services. (b) Been performed in good faith if the act or omission was a good faith effort to comply with any applicable: (1) Federal, state or local law, regulation or ordinance; or (2) Written order, directive or other document published by a federal, state or local government or regulatory body. 3. The immunity granted by this section is in addition to any other immunity recognized by law, and all such immunities are cumulative, so that the application or attempted application of any one does not bar the application or attempted application of any other. 4. As used in this section: (a) Educational services means any offering, program or benefit provided by or in connection with an institution of higher education. The term includes, without limitation, educational instruction, academic support services and student services, regardless of whether such services are provided directly by the institution of higher education or by external entities as ancillary to student engagement or development. (b) Institution of higher education means a university, state college or community college which is part of the Nevada System of Higher Education. (c) Student services means any program, resource or support activity provided by or in connection with an institution of higher education for the purpose of enhancing the academic, personal or professional development of students. The term includes, without limitation, career services, health services and ancillary student activities or extracurricular programs.
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