391.271 - School district to provide for legal defense of employee charged with certain crimes committed within scope of employment; exceptions. - Nevada Statutes

391.271  School district to provide for legal defense of employee charged with certain crimes committed within scope of employment; exceptions.

      1.  If a person who is or was employed by a school district is charged by criminal complaint with assault, battery or a similar crime as a result of the employee’s actions in attempting to maintain a safe or peaceful school environment, the school district shall, as soon as practicable, provide for the legal defense of the employee in that case. The school district shall not require a waiver of the attorney-client privilege as a condition of providing the defense.

      2.  In any case in which the school district is required to provide for an employee’s legal defense pursuant to subsection 1, the court shall include in its judgment a finding as to whether the conduct of the defendant which was alleged to be criminal was within the scope of his or her employment and whether the conduct was malicious or wanton.

      3.  If the court finds that the conduct of the defendant was not within the scope of his or her employment or was wanton or malicious, the employee or former employee is liable to the school district for the amount expended by the school district for his or her defense.

      (Added to NRS by 1989, 1991)