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Racial Profiling Policy

I. PURPOSE

The purpose of the policy is to reaffirm the Sam Houston State University Police Department's commitment to unbiased policing in all its encounters between officer and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of departmental policy and the law.

II. POLICY

It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from engaging in racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians.

Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned.

This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person.

III. DEFINITIONS

Racial Profiling - A law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.

Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts.

The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision. Race, ethnicity or national origin may be legitimate factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person's activities simply because of that individual's race, ethnicity or national origin is racial profiling. Examples of racial profiling include but are not limited to the following:

1. Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race, ethnicity or national origin.

2. Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle.

3. Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place.

A law enforcement agency can derive at two principles from the adoption of this definition of racial profiling:

1. Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect.

2. Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses, etc.

Race or Ethnicity - Of a particular decent, including Caucasian, African, Hispanic, Asian, or Native American.

Pedestrian Stop - An interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest.

Traffic Stop - A peace officer that stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic.

Informing the Public on the Process of Filing a Complaint with The Sam Houston State University Police Department

(I) Educational Campaign:

In accordance to Senate Bill 1704, the Sam Houston State University Police Department has made significant efforts to launch an educational campaign aimed at informing the public on issues relevant to the complaint process. Special emphasis has been placed on informing community members on filing a complaint relevant to racial profiling practices.

(II) Filing a Complaint Based on Violations of the Texas Law on Racial Profiling

The following information has been distributed to faculty, staff, and students of Sam Houston State University :

UNDERSTANDING THE PROCESS

Once an individual has filed a complaint regarding racial profiling, he/she should expect the following process to commence:

THE INTERVIEW

A police supervisor will interview the individual filing the complaint. They will ask the alleged victim questions about what happened.

  • Usually, the alleged victim will be interviewed at the Sam Houston State University Police Department Building . It is possible that he/she may be videotaped during the interview.
  • The individual filing the complaint may bring a lawyer, family member or friend to the interview.
  • The police supervisor will ask the individual filing a complaint for the names of witnesses and other police officers that may know facts about the complaint.
  • The police supervisor may take pictures of any injuries that the alleged victim think are related to the complaint.

THE INVESTIGATION

After the interview, the Sam Houston State University Police Department will investigate the alleged misconduct. Supervisors will talk to witnesses and visit the site of the incident.

  • All officers will be interviewed and witnesses whom the alleged victim has named will be contacted and interviewed, if they agree.
  • The alleged victim will receive a letter regarding the progress of the investigation. Although it is impossible to estimate how long the investigation will take, the alleged victim will receive periodic reports on its status.
  • A report will then be prepared.

THE REVIEW PROCESS

The Director and Assistant Director will review every complaint after the investigation is completed and a report is written. The Director will make the final decision on all complaints.

THE FINDINGS

The results of your complaint are called "findings". There are four possible findings:

  • Sustained - The complaint has been supported: The officer(s) involved acted improperly and may be disciplined.
  • Unfounded - The investigation found no basis to the complaint filed.
  • Exonerated - The police officer(s) involved acted properly and will not be disciplined; or
  • Not provable - There was not enough evidence to prove the complaint true or false so no further action will be taken.

The Director will decide on a finding after the complaint has been reviewed. Further, he will inform the alleged victim through an official letter of the final decision.

(III) A COMMITMENT TO REPOND TO THE NEEDS OF THE COMMUNITY

The Sam Houston State University Police Department has made a commitment to its university community regarding the following:

1. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial, ethnic or national origin profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint.

2. Any employee who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channel or direct the individual(s). Any employee contacted shall provide to that person a copy of a complaint form or the department process for filing a complaint. All employees will report any allegation of racial profiling to their superior before the end of their shift.

3. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable period of time. The investigation shall be reduced to writing and any reviewer's comments or conclusions shall be filed with the chief. When applicable, findings and/or suggestions for disciplinary action, retraining, or changes in policy shall be filed with the chief.

4. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination.

5. If there is a departmental video or audio recording of the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and written request of the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer.