Clery Policy

Policy

Issued: September 28, 2021
Last Revised: September 28, 2021
Last Reviewed: September 28, 2021

2. Policy Purpose

The University of Southern California (“USC” or the “University”) is committed to maintaining a safe and secure environment for its faculty, staff, students, alumni, volunteers and visitors. The requirements in this policy are designed to facilitate USC’s compliance with the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998,” (the “Clery Act”). The Clery Act requires USC to disclose specified crime report statistics on and near its campuses, to provide other safety and crime information to the campus community in an accurate, complete, and timely manner, and to maintain written policies and procedures implementing the Clery Act.  To maintain a safe and secure environment for its faculty, staff, students, and visitors, and as a recipient of federal financial aid, the University complies with the provisions of the Clery Act.   

3. Scope and Application

This Policy applies broadly to the entire University community, including students who are registered or enrolled in University classes or in one of the University’s degree or non-degree programs (Students); [1] all full-time and part-time faculty (Faculty); all non-faculty University employees, including University Staff, Keck Medicine employees, professional research staff, and post-doctoral fellows (Staff); and contractors, vendors, visitors, guests, or other individuals who are participating in or seeking to participate in the University’s education program or activities (Third Parties).

4. Definitions

TermDefinition
Campus Security Authority (CSA)Individuals at USC who, because of their function, have an obligation under the Clery Act to notify the Office of Clery Act Compliance of potential Clery Crimes that are reported to them, or potential Clery Crimes that they may personally witness. These individuals are designated as Campus Security Authorities based on their position or due to official job duties, ad hoc responsibilities, or volunteer engagements.  The obligation to report potential Clery Act crimes observed by them, or reported to them by other individuals, is based on the report itself, without regard to whether the alleged crime actually occurred. CSAs typically fall under one of the following categories:
1. A member of a campus police/security department.
2. Individuals with responsibility for campus security in some capacity (but who are not members of a campus police/security department).
3. Other individuals or offices where a University policy directs students, staff, or faculty to report criminal offenses.4. Officials with significant responsibility for student and campus activities, including but not limited to, student housing/residential education, student discipline and campus judicial proceedings.
Clery Act Crimes(Clery Crimes)Crimes designated as reportable under the Clery Act include: criminal homicide (murder and negligent/non-negligent manslaughter); sex offenses (rape, fondling, statutory rape, and incest); robbery; aggravated assault; burglary; motor vehicle theft; arson; hate crimes (criminal offenses that are motivated by specific types of bias); dating violence; domestic violence; stalking; and arrests or referrals for disciplinary action for any of the following: (a) liquor law violations, (b) drug law violations, and (c) carrying or possessing illegal weapons.
Clery Reportable Locations(Clery Geography)Property that is considered by the Clery Act to be (1) on campus, (2) public property within or immediately adjacent to campus, or (3) non-campus buildings or property that the institution owns, controls, or leases; is frequented by students; and is used in support of educational purposes.
Emergency NotificationA notification that is issued immediately upon confirmation of a significant emergency or dangerous situation occurring on or near campus that poses an immediate threat to the health or safety of members of the campus community.

Emergency Notifications can be triggered by a broad range of threats, including but not limited to the following:
– Active assailant/armed intruder
– Explosion
– Bomb threat or suspected explosive device
– Civil disturbance/riot
– Terrorist incident
– Fire
– Significant law enforcement activity
– Hazardous materials spill
– Gas leak
– Earthquake
– Approaching storm or other extreme weather conditions
– Outbreak of serious contagious illness (e.g., coronavirus, meningitis, norovirus)
Emergency Notification SystemA mechanism established for the purpose of and dedicated to enabling USC officials to quickly contact or send messages to faculty, staff, and students in the event of an emergency.  Examples include but are not limited to, fire alarms, sirens, alerts via email/text message, local TV/Radio, etc.
Timely WarningAn alert that is issued about a Clery Act Crime, occurring within a Clery Reportable Location, which represents a serious or ongoing threat (e.g., a homicide, sex offense or robbery) must be reported to the campus community.

5. Policy Details

In accordance with the requirements of the Clery Act, the University shall:

          1. Publish an Annual Security and Fire Safety Report (ASFSR)

By October 1st each year (or as otherwise required by the U.S. Department of Education), USC will publish an ASFSR documenting the prior three calendar years of Clery Act crime statistics, security policies and procedures, and information on the basic rights guaranteed to victims of sexual assault, dating violence, domestic violence and stalking.[2] All crime statistics must also be submitted to the U.S. Department of Education’s online portal.

This report must be made available to all current faculty, staff, and students.  In addition, prospective faculty, staff, and students must be notified of the ASFSR’s existence and provided a copy upon request. Paper copies of the report will be available upon request from the USC Department of Public Safety (DPS). In addition, the Office of Admissions and Human Resources will publish a link to the ASFSR with a brief description on their respective web sites.

           2. Identify, Notify, & Train Campus Security Authorities (CSAs)

USC will identify positions which meet the definition of a CSA on an ongoing basis, and notify individuals in these roles of their obligations under the Clery Act to report any and all alleged Clery Crimes that they witness, or are reported to them, which may have occurred in a Clery Reportable Location.  USC requires that all CSAs complete annual training on their responsibilities and reporting requirements under the Clery Act.  USC will provide such training on a regular basis through the TrojanLearn learning management system.

          3. Disclose Crime Report Statistics

Crime report statistics for incidents that occur in Clery Reportable Locations and are reported to Campus Security Authorities must be disclosed in a variety of formats, including the daily crime log, the ASFSR, and through the U.S. Department of Education’s online portal.

The Clery Act Compliance Coordinator is responsible for gathering crime report statistics from DPS; Office of Professionalism and Ethics (OPE); Office of Equity, Equal Opportunity and Title IX (EEO-TIX); Student Judicial Affairs and Community Standards (SJACS); Residential Education; Human Resources; Athletics; all Campus Security Authorities (CSAs); and from local, state, national and international law enforcement agencies.

Clery Crimes that would otherwise be reportable, but are reported to a licensed mental health counselor or pastoral counselor in the context of a privileged (confidential) communication, are not subject to reporting requirements under this Policy.

The Clery Act requires reporting of crimes in the following categories:

  1. Criminal Offenses:
    • Criminal Homicide
      1. Murder & Non-negligent manslaughter
      2. Negligent manslaughter
    •   Sex Offenses
      • Rape
      • Fondling
      • Statutory Rape
      • Incest
    •   Robbery
    •   Aggravated Assault
    •   Burglary
    •  Motor Vehicle Theft
    •  Arson
  2. VAWA Offenses:
    • Domestic Violence
    • Dating Violence
    • Stalking
  3. In addition, USC must gather statistics for the following categories of arrests or referrals for disciplinary action if an arrest was not made:
    • Liquor Law Violations
    • Drug Law Violations
    • Carrying or Possessing Illegal Weapons
  4. USC must also report the following Hate Crimes by category of prejudice, including race, gender, religion, sexual orientation, ethnicity, national origin, gender identity and disability. Statistics are required for the offenses listed above in addition to the four additional categories listed below, if the crime committed is classified as a Hate Crime:
    • Larceny/Theft
    • Simple Assault
    • Intimidation
    • Destruction/Damage/Vandalism of Property
  5. USC must also disclose if it has determined that any of the previously listed crimes are “Unfounded.” The Clery Act has specific guidelines for classifying a reported offense as “Unfounded,” which can only occur through the action of sworn law enforcement agencies.

          4. Issue Timely Warnings

USC must provide timely warnings about Clery Crimes, occurring within a Clery Reportable Location, which represent a serious or continuing threat to members of the campus community.  This is determined by one (or more) USC official(s) who has been pre-identified in USC’s Policy and Procedures for Issuing a Timely Warning. Because the nature of criminal threats is often not limited to a single location, timely warnings must be issued in a manner likely to reach the entire campus community. Timely warnings will not include personally-identifiable information regarding the victim or the accused.  [Refer to Policy and Procedures for Issuance of University Alerts.]

Exception: Crimes that would otherwise be reportable, but are reported to a licensed mental health counselor or pastoral counselor in the context of a privileged (confidential) communication, are not subject to the timely warning requirement.

           5. Issue Emergency Notifications

USC is required to inform the campus community about a significant emergency or dangerous situation involving an immediate threat to the health or safety of USC faculty, staff, employees, students, patients and visitors occurring at a Clery Reportable Location.  Emergency events may be localized; therefore, notifications may be tailored exclusively to the segment of the campus community at risk.

USC also must have emergency response and evacuation procedures in place specific to its on-campus facilities. A summary of these procedures must be disclosed in the ASFSR. Additionally, the emergency response procedures must be tested at least once, annually. [Refer to Policy and Procedures for Issuance of University Alerts.]

Exception: Emergencies where issuing a notification would compromise efforts to assist a victim, contain the emergency, respond to the emergency, or mitigate the emergency are not subject to the emergency notification requirement.

          6. Respond to Reports of Missing Residential Students

USC provides every student living in on-campus housing the opportunity and means to identify an individual to be contacted in an emergency, including whenever officials determine that a student is missing.

USC shall investigate all reports of missing students and will notify and cooperate with other law enforcement agencies, as necessary, to further the investigation.  [Refer to policy on Missing Student Notifications for Students Residing in On-Campus Housing.]

          7. Compile, Report and Publish Fire Data

The Office of Fire Safety and Emergency Planning will produce the information to be included in the ASFSR, which is part of the combined ASFSR.  The Office of Fire Safety and Emergency Planning must collect and disclose fire statistics for each on-campus student housing facility separately for the three most recent calendar years for which data are available in accordance with Higher Education Opportunity Act of 1998 (HEOA)  regulations. Each such facility must be identified in the statistics by name and street address, regardless of whether any fires have occurred.

Additionally, the Office of Fire Safety and Emergency Planning will provide a description of the fire safety systems in each student housing facility that is included in the ASFSR.  These descriptions should include mechanisms (e.g., fire extinguishers, fire doors, posted evacuation routes, etc.) or systems related to the detection, warning and control of a fire. The Office of Fire Safety and Emergency Planning will submit the ASFSR to the Clery Act Compliance Coordinator for inclusion in the statistics reported to the U.S. Department of Education. [Refer to ASFSR.]

​​​​​​​          8. Maintain a Public Daily Crime Log

USC must maintain a daily crime log documenting the “nature, date, time and general location of each crime” reported to DPS within the last 60 days, and the disposition, if known, of the reported crimes. Incidents must be entered into the log within two business days of receiving the report. The Daily Crime Log does not include personally-identifiable information about the victim or the accused. The Daily Crime Log is available within DPS, during normal business hours. [Refer to Crime Reports.]  Requests for public inspection of daily crime log entries beyond 60 days must be made in writing to the Records Manager within DPS and will be made available to the requestor within two business days of the request.

​​​​​​​          9. Ensure Victim Rights, Options, and Resources

Victims of sexual assault, domestic violence, dating violence, and stalking have specific rights, options, and resources required by the Clery Act.  Individuals accused of sexual assault, domestic violence, dating violence, and stalking also have specific rights required by the Clery Act.

USC must provide victims of sexual assault, domestic violence, dating violence, and stalking a written explanation of their rights. These rights include supportive measures, like the option for a relocation/change of housing, transportation, or academic course assignment. They also include access to counseling services, legal services, and assistance with making a report to law enforcement. 

All disciplinary proceedings must be conducted by individuals who are trained annually on the issues related to domestic violence, dating violence, sexual assault and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. Disciplinary proceedings are required to be prompt, fair, and impartial, and must confer certain procedural rights to both the accuser and the accused, including the right to an advisor of choice, equal and timely access to information that will be used in any disciplinary meeting or proceeding, and simultaneous written notification of the finding and sanction (and the rationale for each).  These rights are incorporated into the Policy on Prohibited Discrimination, Harassment, and Retaliation, and accompanying Resolution Processes

​​​​​​​          10. Prevention and Awareness Programs

USC is required to develop education, primary prevention and awareness programs for all incoming students and new employees, and ongoing prevention and awareness campaigns for students and faculty.These programs must definitions of prohibited conduct, safe and positive options for bystander intervention, information on risk reduction to recognize the warning signs of abuse behavior and how to avoid potential attacks, possible sanctions and protective measures, procedures for reporting to campus or external law enforcement authorities, and procedures for disciplinary action.

​​​​​​​          11. Maintain a Public Daily Fire Log

USC maintains a daily fire log documenting the nature of the fire, date the fire occurred, date and time the fire was reported and general location of each fire-related incident in an on-campus student housing facility reported to any USC official.   Incidents must be entered into the log within two business days of receiving the report and the previous 60 days of fire log entries must be available for public inspection during normal business hours.   Requests for public inspection of daily fire log entries beyond 60 days must be made in writing to the Records Manager within DPS and will be made available to the requestor within two business days of the request.

6. Procedures

Policy and Procedures for Issuance of University Alerts

7. Forms

N/A

8. Responsibilities

POSITION or OFFICERESPONSIBILITIES
The Office of Clery Act Compliance– Monitoring USC’s compliance with the Clery Act;
– Updating the requirements in this policy as necessary;
– Annually reviewing geographic categories for inclusion in the University’s Clery Geography;
– Establishing a procedure for processing instances of short-stay away trips in order to designate a CSA to disclose any Clery Crimes reported during the trip to be potentially included in the ASFSR;
– Identifying those positions with CSA responsibilities and notifying those individuals;
– Maintaining a list of CSAs;
– Developing procedures for reporting crime statistics by CSAs;
– Educating and training CSAs, and personnel within DPS and other key stakeholders as necessary;
– Annually, requesting in writing crime statistics from local law enforcement with jurisdiction over USC’s Clery geography;
– Preparing the ASFSR and disclosing statistics of Clery Crimes reported over the past three years;
– Maintaining and publishing, in cooperation with other departments, USC policies and procedures addressing campus security and safety;
– Submitting the crime and fire statistics to the U.S. Department of Education;
– Convening and chairing the Clery Act Interdisciplinary Review Team of the following offices identified by USC; and
– Overseeing the regular reconciliation of campus crime data amongst offices that house significant numbers of campus crime reports, including EEO-TIX, OPE, SJACS Residential Education, DPS and Human Resources.
Department of Public Safety (DPS)– Reporting crime statistics (as specified in the Clery Act);
– Issuing Timely Warning alerts to the campus community about Clery Crimes;
– Coordinating Emergency Notifications to the campus community when deemed necessary and appropriate;
– Compiling and providing to the Clery Act Compliance Coordinator, statistics of reports of Clery Crimes reported to DPS;
– Monitoring criminal activity at off-campus locations of student organizations officially recognized by USC;
– Investigating all reports of missing students by notifying and cooperating with other law enforcement agencies, as necessary;
– Providing paper copies of the ASFSR upon request;
– Annually, providing information related to any education or awareness programming conducted for inclusion in the ASFSR; and
– Maintaining the daily crime and fire logs.
USC Housing– Immediately reporting any alleged Clery Crime to the Office of Clery Act Compliance for a Timely Warning consideration; and
– Providing a list of all on-campus residential facilities annually for review and potential inclusion in the ASFSR.
Student Affairs(Residential Education and Student Judicial Affairs and Community Standards)– Immediately reporting any alleged Clery Crime to the Office of Clery Act Compliance for a Timely Warning consideration;
-Providing all conduct referral data to the Clery Act Compliance Coordinator for review and potential inclusion in the ASFSR;
– Annually, providing information related to any education or awareness programming conducted for review and potential inclusion in the ASFSR;
– In partnership with other University departments, ensuring the availability of Clery Act defined awareness and prevention programming for all students. Such programming will be part of USC’s awareness and prevention campaign. This programming will be identified, provided or facilitated in collaboration with campus and local subject matter experts, with guidance from the campus sexual assault climate survey, other evidence-based research, and outcomes assessments satisfying the Clery Act requirements and definitions;
– Providing the Clery Act Compliance Coordinator with a list of advisors to campus recognized groups, clubs, and organizations; and ensuring each of these advisors has completed Campus Security Authority training; and
– Ensuring all disciplinary proceedings are conducted by trained parties and proceedings are prompt, fair, and impartial, and must confer certain procedural rights to both the accuser and the accused.
Fire Safety and Emergency Management– Conducting an annual emergency alert exercise and test the emergency alert system in conjunction with the exercise.
– Collecting fire statistics relative to each on-campus student housing facility;
– Producing the ASFSR in accordance with the current legislation and updating the ASFSR language to reflect legislative updates and interpretations;
– Providing and maintaining ASFSR statistics to the Office of Clery Act Compliance; and
– Maintaining the daily fire log.
Admissions (Undergraduate and Graduate)– Notifying and providing the online location of the ASFSR and a brief description of the report to prospective or current students; and
– Providing a paper copy of the ASFSR upon request to a prospective or current student.
Academic and Faculty Affairs– Providing curricular and co-curricular travel documentation to the Clery Act Compliance Coordinator for assessment of Clery Act non-campus property reporting obligations; and
– Providing the Clery Act Compliance Coordinator with all academic locations each semester for determination of the applicability of the Clery Act at those locations.
– Providing all conduct referral data to the Clery Act Compliance Coordinator for review and potential inclusion in the ASFSR.
Human Resources (UPC-HSC)– Notifying and providing to prospective faculty and staff the online location of the ASFSR and a brief description of the report; 
– Providing a paper copy of the ASFSR upon request to a prospective or current faculty or staff member;
– Immediately reporting any alleged Clery Crime to the Office of Clery Act Compliance for a Timely Warning consideration; Annually, providing all conduct referral data to the Clery Act Compliance Coordinator for review and potential inclusion in the ASFSR;
– Annually, providing information related to any education or awareness programming conducted for review and potential inclusion in the ASFSR; and
– In partnership with other University departments, ensuring the availability of Clery Act defined awareness and prevention programming for all students. Such programming will be part of USC’s awareness and prevention campaign. This programming will be identified, provided or facilitated in collaboration with campus and local subject matter experts, with guidance from the campus sexual assault climate survey, other evidence-based research, and outcomes assessments satisfying the Clery Act requirements and definitions.
Athletics– Immediately reporting any alleged Clery Crime to the Office of Clery Act Compliance for a Timely Warning consideration;Annually, providing all conduct referral data to the Clery Act Compliance Coordinator for review and potential inclusion in the ASFSR;
– Providing travel documentation to the Clery Act Compliance Coordinator for assessment of Clery Act non-campus property reporting obligations; and
– Ensuring staff in key CSA roles are familiar with the requirements of the Clery Act;
– Providing all conduct referral data to the Clery Act Compliance Coordinator for review and potential inclusion in the ASFSR;
– Annually, providing information related to any education or awareness programming conducted for review and potential inclusion in the ASFSR; and,
– In partnership with other University departments, ensuring the availability of Clery Act defined awareness and prevention programming for all students. Such programming will be part of USC’s awareness and prevention campaign. This programming will be identified, provided or facilitated in collaboration with campus and local subject matter experts, with guidance from the campus sexual assault climate survey, other evidence-based research, and outcomes assessments satisfying the Clery Act requirements and definitions.
Office for Equity, Equal Opportunity, and Title IX– Immediately reporting any alleged Clery Crime to the Office of Clery Act Compliance for a Timely Warning consideration;
– Annually, providing aggregate Clery Act reportable data to the Clery Act Compliance Coordinator for review and potential inclusion in the ASFSR;
– Annually, providing information related to any education or awareness programming conducted for inclusion in the ASFSR;
– In partnership with other University departments, ensuring the availability of Clery Act defined awareness and prevention programming for all students. Such programming will be part of USC’s awareness and prevention campaign. This programming will be identified, provided or facilitated in collaboration with campus and local subject matter experts, with guidance from the campus sexual assault climate survey, other evidence-based research, and outcomes assessments satisfying the Clery Act requirements and definitions;
– Providing Reporting Party of sexual assault, domestic violence, dating violence, and stalking with a written explanation of their rights, including the option for a relocation/change of housing, transportation, or academic course assignment and access to counseling services, legal services, and law enforcement notification; and
– Ensuring all disciplinary proceedings are conducted by trained parties and proceedings are prompt, fair, and impartial, and must confer certain procedural rights to both the accuser and the accused.
Office of Professionalism and Ethics– Conduct an initial Clery Act classification analysis for all cases reported through the University’s Help and Hotline system or directly to OPE;
– Immediately reporting any alleged Clery Crime to the Office of Clery Act Compliance for a Timely Warning consideration; and
– Providing all conduct referral data to the Clery Act Compliance Coordinator for review and potential inclusion in the ASFSR.
USC Student Health(non-confidential resources identified as CSAs, including Relationship and Sexual Violence Services (RSVP))– Immediately reporting any alleged Clery Crime to the Office of Clery Act Compliance reported to a CSA within USC Student Health for a Timely Warning consideration;
– Annually, providing aggregate Clery Act reportable data to the Clery Act Compliance Coordinator for review and potential inclusion in the ASFSR; and
– Annually, providing information related to any education or awareness programming conducted for inclusion in the ASFSR.
– In partnership with other University departments, ensuring the availability of Clery Act defined awareness and prevention programming for all students. Such programming will be part of USC’s awareness and prevention campaign. This programming will be identified, provided or facilitated in collaboration with campus and local subject matter experts, with guidance from the campus sexual assault climate survey, other evidence-based research, and outcomes assessments satisfying the Clery Act requirements and definitions;
Campus Wellbeing & Crisis Intervention– Immediately reporting any alleged Clery Crime reported to a CSA to the Office of Clery Act Compliance for a Timely Warning consideration;
– Annually, providing aggregate Clery Act reportable data to the Clery Act Compliance Coordinator for review and potential inclusion in the ASFSR; and
– Annually, providing information related to any education or awareness programming conducted for inclusion in the ASFSR.
Risk Management (UPC-HSC)– Immediately reporting any alleged Clery Crime to the Office of Clery Act Compliance for a Timely Warning consideration; and
– Annually, providing aggregate Clery Act reportable data to the Clery Act Compliance Coordinator for review and potential inclusion in the ASFSR.
Campus Security Authorities– Understanding the requirements of the Clery Act pertaining to Clery Crimes;
– Undergoing training and education as determined by the Clery Act Compliance Coordinator; and
– Immediately reporting alleged Clery Crimes to the Office of Clery Act Compliance.

9. Related Information

  • Missing Student Notification Policy
  • Procedures for Issuance of University Alerts

10. Contacts

Please direct any questions regarding this policy to:

OFFICEPHONEEMAIL
Office of Clery Act Compliance703-203-8368Gg_795@usc.edu

11. Annual Review and Periodic Updates

This Policy reflects the University’s good faith effort to implement the Clery Act, and to conform the obligations imposed under the Clery Act with other federal laws, including Title IX, as well as state law applicable to students and employees. The University reserves the right to modify this Policy as necessary to comply with federal or state law, and such modifications may be made at any time. Given the evolving nature of the legal requirements related to the Clery Act, and the desire to provide accessible, effective, and legally-complaint policies and procedures, the Office of Clery Act Compliance will review this policy on at least an annual basis.

[1] A student is defined as one whose enrollment has begun (typically, enrollment begins on the first scheduled day of classes of a student’s program), and who (a) is currently participating in one of the University’s degree or non-degree programs; (b) has completed the immediately preceding semester and/or has registered for the next scheduled semester; (c) is officially representing the University during a period between regular academic semesters; and/or (d) is not officially registered for a particular semester but who has a continuing relationship with the University

[2] These forms of prohibited conduct are also governed by the University’s Policy on Prohibited Discrimination, Harassment, and Retaliation, and related Resolution Processes.