Bill > S3243

Introduced Session

This bill directs the Secretary of Higher Education to appoint a special auditor to investigate claims of abuse of public funds at public institutions of higher education. Any person would be able to file a complaint alleging abuse of public funds to the special auditor. Upon receipt of a complaint, the special auditor would be required to serve a copy of the complaint on each individual named therein and provide each named individual with the opportunity to submit a written statement under oath. The special auditor would subsequently decide whether probable cause exists to credit the allegations in the complaint. If the special auditor determines that probable cause exists, the special auditor would conduct an investigation into the allegation of abuse of public funds. In making a determination regarding an alleged abuse of public funds, the burden of proof would be on the accusing party to establish an abuse of public funds. Upon completion of the investigation, the special auditor would determine whether the conduct complained of constitutes an abuse of public funds or whether the complaint should be dismissed, and state in writing their findings. The special auditor would be required to issue a decision regarding the complaint within 90 days of receiving the complaint. If an entity of a public institution of higher education is found to have abused public funds, the entity would be required to repay to the State the total amount of funds deemed to have been misused. The institution would also be fined an amount equal to the total cost of the investigation multiplied by 1.25. The Office of the Secretary of Higher Education would use funds received as a result of any fines issued to fund future investigations. A governing board of a public institution of higher education, or any employee of the board, would be prohibited from taking any retaliatory action against an employee or a student at the public institution of higher education because the individual: (1) submits a complaint of abuse of public funds to the special auditor; or (2) provides information to, or testifies before, the special auditor conducting an investigation into an allegation of abuse of public funds.

AI Summary

Committee Categories

Edward Durr (R)*,  Declan O'Scanlon (R)*, 

Introduced in the Senate, Referred to Senate Higher Education Committee (on 10/27/2022)

Official Document