Rape

New College Crime Bill Deputizes Professors as Campus Security, Further Federalizes Campus Rape Investigations, and Adds Huge Fines for Schools That Don't Comply

The bipartisan Campus Accountability and Safety Act could cost colleges millions for failure to follow complex and costly new sexual-misconduct policies.

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Photo4jenifer/Flickr

Under a bipartisan bill introduced in the U.S. Senate, a vast new array of higher-education employees—including all staff and faculty at some schools—would be designated as campus security authorities. The bill would also impose new penalties on colleges and universities for failure to comply with a range of staffing, surveying, training, and outreach demands, which could cost schools millions upon an initial violation.

The bill—sponsored by Sens. Richard Blumenthal (D-Connecticut), Joni Ernst (R-Iowa), Kirsten Gillibrand (D-New York), Chuck Grassley (R-Iowa), Dean Heller (R-Nevada), Claire McCaskill (D-Missouri), Marco Rubio (R-Florida), and Mark Warner (D-Virginia)—aims to amend the Higher Education Act of 1965, specifically the section colloquially known as the Clery Act. In a press release announcing their "Campus Accountability and Safety Act" (CASA), the senators invoke the Title IX, the federal rule prohibiting sex-discrimination in education, and a need to place "higher incentives on all universities … to empower student survivors and hold perpetrators accountable."

If CASA passes, expect to see campus crime numbers—of all sorts—skyrocket. One of the more bizarre provisions of the bill stipulates that "each individual at an institution of higher education who is designated as a higher education responsible employee… shall be considered a campus security authority."

Under federal code, higher education responsible employees are those required to report sexual misconduct to campus Title IX staff, even if the victim/confessor doesn't want to report the incident. But federal law is vague about who exactly falls into this category, leaving schools to develop their own more specific—and expansive—definitions. At some schools, all faculty and staff have been given responsible-employee status; many have expanded it to include all professors, or all people working with student athletics and extracurriculars.

What does it mean if each of these folks is designated as a "campus security authority?" It's unclear how much effect it would have on day-to-day campus policy. But for purposes of an institution's annual security report, this change would be a big deal. Under federal law, colleges and universities receiving any federal funding must report annually on the numbers of sexual violence and misconduct incidents reported to campus security authorities or local police each year, along with numbers on a range of other incidents, from murder to burglary to hate crimes. CASA would expand sex-offense reporting requirements to include non-identifying details about each incident (such as whether the victim reported the incident to a Title IX coordinator, whether they sought disciplinary action against the accused, the number of accused found guilty, and whether force or weapons were involved).

But more importantly, campus incidents are currently only included on annual security reports if they were reported to local police or campus security authorities—a category which has traditionally meant the campus police department. By drastically expanding the number of people defined as campus security authorities, we drastically expand the category of incidents included in annual security reports. Now we aren't just talking about incidents in which victims wanted to get authorities involved, or in which the offense was serious enough to warrant police attention regardless; any time a student confides in a professor, coach, drama director, resident adviser, etc., about something that could potentially be an offense—a verbally abusive romantic partner, a dorm-mate who shared an offensive web video, a classmate who made a disparaging remark about trans people, a sexual encounter fuzzily remembered—the listener would be obligated to report it to campus administrators for inclusion on the annual crime report.

It's a surefire way to discourage students from talking to faculty and staff about their personal lives at all and/or artificially ramp up federal stats on campus crime data.

The 2017 CASA is a redux of a stalled 2014-2015 bill, sponsored by several of its current Congressional champions. Then, as now, the bill was touted as a way to protect and ensure justice for victims of campus sexual assault. But the only discernible way it supposedly did so was by drastically increasing the federal government's control over campus sexual misconduct policies and the scope of their demands for universities in this regard, levying heavy fines on colleges that didn't comply.

Hans Bader, an attorney with the Competitive Enterprise Institute, noted that with an initial non-compliance penalty of up to 1 percent of an institution's operating budget, "that [initial offense] would be a whopping $42 million for Harvard alone, since its budget is $4.2 billion." Slate's Emily Yoffe pointed out at the time that the "legislation would, among other things, require all colleges provide a confidential adviser to guide victims through the entire process of bringing an accusation while no guidance or assistance is mandated for the accused."

Both criticisms hold true for the 2017 bill. While it does include a few nods to the rights of students accused of sexual misconduct—most notably, a requirement that both accusers and the accused have a right to call witnesses and provide evidence during campus disciplinary proceedings—it does not provide student defendants with the same access to a special coordinator as accusers have. Under CASA, schools must designate a number of sexual assault response coordinators (the precise number depends on school size) that have "protection under State law to provide privileged communication" and can hear complaints from victims, counsel them on options, and walk them through the campus reporting and disciplinary process, including brokering any conflicts between the student and Title IX officials or other campus administrators.

And under CASA 2.0, educational institutions could—at the Secretary of the Department of Education's discretion—still be charged up to one percent of their operating budgets for failing to comply with a host of requirements, from signing official memorandums of agreement with all local law-enforcement agencies to displaying information on school websites in a certain way, subjecting staff to fed-approved training modules, and documenting all info related to sexual-misconduct investigations in the correct manner, then submitting this data (in a very particular format) to the federal government. Even if schools manage to avoid fines, the cost of complying with all the new regulations will certainly rack up administrative costs (which are then passed on to students).

In addition, penalties for failing to meet specific sub-requirements of the bill can also be imposed, including a fine of $150,000 per month that an institution fails to submit an annual survey on student sexual-assault experiences. The opt-in student survey, to be developed by the Department of Education in conjunction with the Department of Justice, would ask questions regarding student experiences with rape and sexual misconduct and use the results of this (anonymous, non-scientific) poll to publish a national report on sexual violence by school and campus.

CASA would also mandate that any faculty or staff who might receive sexual-assault reports must undergo new training—to be developed by Education Secretary Betsy DeVos and Attorney General Jeff Sessions—on the definition of various sex offenses, the definition of consent and "the affect that drugs or alcohol may have on an individual's ability to consent," "the neurobiology of trauma," "cultural awareness," and "sexual assault dynamics."

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  1. Q: If you’ve experienced a violent crime (rape, assault, etc) at school, why are you not calling the police”?

    Honest SJW: “Well we don’t really have enough evidence in some of these cases, so we do this instead”

    Q: “You mean the justice system should favor the accuser over the accused?”

    Honest SJW: “Yes, we should believe the victim… listen and believe”

    Q: “Wouldn’t someone falsely accused of a crime and denied a fair trial be considered the victim?”

    Honest SJW: “Not if they are male or higher up on our privilege pyramid”

    Q: “What about white women falsely accusing black men of rape during segregation?”

    Honest SJW: “…………….Misogynist. Rape Apologist. Derailer….”

    1. There is nothing wrong at all with deputizing campus communities as collective security forces. In New York, academic administrators have shown considerable expertise in this domain, skillfully collaborating with the police in suppressing certain prurient manifestations. Surely no one here would dare to defend the “First Amendment dissent” of a single, isolated judge in our nation’s leading criminal “satire” case? See the documentation at:

      http://raphaelgolbtrial.wordpress.com/

      1. Trump seems to have a little crime problem.

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          2. CZmacure|4.24.17 @ 10:46PM|#
            “You’re seriously spamming your blog with keywords attached?”

            Tell him you need his password; you might get it.

          3. Is that what it is? I thought his keyboard had a seizure.

    2. That’s pretty much the tone.

  2. “Bill deputizes professors as campus security”

    What Don Knotts kept secret during his tenure is jaw dropping.

  3. The photo and alt text immediately made me think of “Closer to Fine,” which might need some revisions to the last line in the relevant verse if the doctor of philosophy is now a deputized “campus security authority”:

    And I went to see the doctor of philosophy
    With a poster of Rasputin and a beard down to his knee
    He never did marry or see a B-Grade movie
    He graded my performance, he said he could see through me
    I spent four years prostrate to the higher mind
    Got my paper and I was free

  4. “Bipartisan” is Latin for “fucked from all directions.”

    1. Don’t knock it till you’ve tried it.

  5. sponsored by Sens. Richard Blumenthal (D-Connecticut), Joni Ernst (R-Iowa), Kirsten Gillibrand (D-New York), Chuck Grassley (R-Iowa), Dean Heller (R-Nevada), Claire McCaskill (D-Missouri), Marco Rubio (R-Florida), and Mark Warner (D-Virginia)

    I’ll be sure to add these names to the woodchipper rental list.

    1. I think a very fine grater would be more useful, as most of these critters are on so many woodchipper lists that running them through yet another would have very little effect.

      1. They should be grated on a curve.

    2. If every one of these names wasn’t already on the list, your list is meaningless.

    3. If every one of these names wasn’t already on the list, your list is meaningless.

  6. How bizarre! I can’t imagine what could lead these people to believe that colleges are such hotbeds (!) of criminal activity that they need such draconian special attention. I can’t even see any cynical desire for more votes as the root cause. Are parents flooding Congress with letters deploring the awful crime at colleges?

    I’d love to see this directed at Congress Critters and their pages.

    1. Democrats want to make universities a shitty place for males, in a somewhat misguided effort to appeal to unmarried women.

      From a Republican point of view, this kind of legislation is helping to push universities over the cliff… by making them a shitty place for males.

  7. Someone tell me again how the GOP is the antidote to SJWs?

    1. Someone tell me again why universities are worth saving?

  8. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

    1. This, see Canada.

  9. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

  10. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

  11. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

  12. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

  13. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

  14. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

  15. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

  16. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

  17. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

  18. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

  19. Doctors, who have long been incorporated into the war on drugs, now are responsible for our health maintenance. In that, if I the patient, refuse to cooperate with a fairly large list of health maintenance actions, such as getting a prostate exam or flu shot, the doctor will lose money. Consequently, doctors are ending relationships with any uncooperative patient. Essentially, they have been pressed into service as the “Health Police.” Now we are going to have university employees reporting on, and enforcing, and in some cases adjudicating law.

    Tell me how we are not living in a police state now. Gay marriage and legal pot were just an evil tease. The Libertarian Moment is over.

    1. Edwood, there’s nothing like repetition for emphasis…

      1. I have no idea how that happened. Only clicked once.

    2. Edwood, millions of copies sold!

      1. Plan 12 posts from cyber space!

        1. Awesome.

    3. Were any of these tests you refused to get related to diagnosing short term memory loss, by any chance?

    4. There once was a poster named Edwood,
      Doctors bad, he wants it understood,
      So proud of his comment,
      Seizing the moment,
      He clicked “submit” eleven times more than he should.

    5. Edwood: Now I want to go see that movie again!

      1. Plan 9, not 11

  20. Fourteenth amendment to the US Constitution:
    Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
    The Equal Protection Clause itself applies only to state and local governments. However, the Supreme Court held in Bolling v. Sharpe (1954) that equal protection requirements apply to the federal government through the Due Process Clause of the Fifth Amendment.
    We got how many legislators who can’t read? I live in Florida, so I will vote against Marco, you guys divvy up the rest.

    1. I’ve been voting against people like Warner for two decades. It’s had little effect.

    2. I’ve been voting against Warner..

  21. Look at all those sponsors. Cross match those names with senators needing the soccer mom vote in two years. Looks to be about half, but it never hurts to get something like this on the old resume.

    1. For Republicans, it’s a win-win proposition: it makes the lives of (mostly leftist) university professors, university administrators, and future leftist university-educated males miserable, while at the same time giving the appearance of doing something for women!

  22. On the one hand, this is a stupid bill.

    On the other hand, the colleges signed up for it by taking Federal money.

    1. On the other hand, the colleges signed up for it by taking Federal money.

      Not exactly. Plenty of these schools are private institutions that, by law, can’t turn down federally granted or loaned monies and/or are required to enroll students regardless of means and provide service equally. This, or similar, has been seen in the secondary education setting as well.

  23. I predict many lives will be ruined.

    Enlightened humanism has given way to medieval witch hunting.

  24. How about a bill that simply says “Any organization or individual receiving federal funding will lose 100% of their funding for eternity if they are found to have violated a person’s civil rights by denying due process to that individual.”

    1. “And administrators will be joint and severally liable for damages caused by denying due process.”

      Individuals should be punished for their actions when they harm others.

  25. There will be a further feminizing of colleges.

  26. ENB, good work as always. Now stop invading Robby’s beat and cover the epidemic of stealthing!

  27. This is great! I approve of anything that contributes to destroying the current, dysfunctional higher education system!

    Title IX FTW!

    1. IX IX titles of fear in the law,
      IX IX titles of fear in the law,
      Take someone down,
      Pass them around,
      IX IX IX titles of fear in the law.

  28. When social conservatives and SJWs find a common cause.

  29. Obamacare for campus rape: take a “problem” and do everything to exacerbate it and nothing to resolve it.

    Seems legit.

    1. Get congress to pass a bill no one has read, but promise it’s saving everyone money!
      Low info voters scream when there’s an attempt to repeal.

  30. Here’s what the new legal regime on campuses means. Due process, or fair hearing where you do not give accusers benefit of doubt, mean you stand to lose your federal funds, including subsidized student loans. Kangaroo hearings, where accusers receive benefit of doubt so thoroughly it’s not a hearing at all, assure the money keeps flowing. Given what we know about college officials’ integrity, what do you expect they’ll choose: federal money or fair hearings?

    Boy, does that sound like a stupid question when you put it in writing.

  31. Yeah, something that is literally sponsored by 8 of the 10 stupidest people in the Senate is sure to be a great idea.

    1. I’m waiting for Hank Johnson to co-sponsor before I throw my support behind it. I want to know for a fact that none of the universities will capsize because of the weight of the requirements.

  32. Yeah, something that is literally sponsored by 8 of the 10 stupidest people in the Senate is sure to be a great idea.

  33. I thought Betsy DeVos was going to put a crimp on all this Title IX investigative nonsense.

  34. Is anyone aware of any universities out there that have explicitly refused to go along with all this Title IX BS? Any universities that are willing to support the due process rights of its students while insisting that rapists belong in prison, not simply expelled?

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  36. This is like the worst chat room ever.

  37. “…a vast new array of higher-education employees?including all staff
    and faculty at some schools?would be designated as campus
    security authorities …”

    mace, tasers, body armor
    a chance for the meek poetry and philosophy professors to butch up

    This is a SAFE space you fucking scumbag !!!!!
    ZZZZZZTTTTT

  38. If this passes it will mean the death of the university as we know. It was dying anyway, the only reason it was still around is because people still haven’t figured out online learning.

  39. Trying to figure out what’s more legitimate: Pro Wrestlers’ Court, Title IX Hearings or Fliegendes Sonder-Standgericht. I’m going with Pro Wrestlers’ Court.

  40. Because the Feds have handled policy on sexual behavior *so well*, let’s give them more control. Sounds like a great idea.

    Heckuva job.

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