The Campus Accountability and Safety Act (CASA), S. 2692, seeks to change how publicly funded universities investigate allegations of sexual assault. . . The act contains some alarming provisions.
On Aug. 7, Hans Bader, a senior attorney at the Competitive Enterprise Institute, reported on one. CASA regulates how universities must approach sexual assault, including producing an annual survey of students' experiences, which will be published online. The penalties for non-compliance are massive: an initial penalty of up to 1 percent of the institution's operating budget and a potential $150,000 fine for each additional violation or misrepresentation — $150,000 per month if surveys are not completed to the standard required. Bader observed, "that [initial offense] would be a whopping $42 million for Harvard alone, since its budget is $4.2 billion."
Even worse, "a provision ... lets the money be kept by the agency imposing the fine, the Education Department's (DOE) Office for Civil Rights (OCR)." This creates a huge incentive for OCR to be aggressively punitive or to accuse innocent universities of misrepresentation or substandard compliance. Even an inability to comply would not exempt institutions from fines. For example, they are required to enter into a "memorandum of understanding" with local law enforcement. If the latter refuses, then "[t]he Secretary of Education will then have the discretion to grant the waiver." Not the obligation but the discretion.