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Department Policy No. 403

Racial or Other Biased-Based Policing

I.        Purpose

The purpose of this policy is to provide guidance to members and affirms the department’s commitment to policing is fair and objective (K.S.A. 22-4611). This policy prohibits the practice of racial and other biased-based policing by members of the University of Kansas Police Department.  This policy applies to all employees of this agency.  Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department’s relationship with its diverse communities (e.g. cultural and ethnicity awareness training, youth programs, community group outreach, partnerships).

II.      Policy

It is the policy of this department to treat all persons having contact with this agency in a fair, equitable, and objective manner, in accordance with law, and without consideration of their race, ethnicity, national origin, gender, religious dress or other individual characteristics.  Therefore, the purpose of this policy is to prohibit the practice of racial and other biased-based policing by members of this department.  This policy applies to all employees and volunteers of this agency.

III.    Definitions

A.      Enforcement Action: Any law enforcement act, as described in K.S.A. 22-4609, and amendments thereto, during a nonconsensual contact with an individual or individuals.

B.      Law Enforcement Officer: as the meaning ascribed thereto in K.S.A. 74-5602, and amendments thereto.

C.      Racial or other biased-based policing: The unreasonable use of race, ethnicity, national origin, gender or religion by a law enforcement officer in deciding to initiate an enforcement action.  It is not racial or other biased-based policing when race, ethnicity, national origin, gender or religion is used in combination with other identifying factors as part of a specific individual description to initiate an enforcement action. (KLEAP 1.2.6)

IV.   Procedures

A.      Conduct

1.   All law enforcement officers with this department are prohibited from using racial or other biased-based policing in:

a.   Determining the existence of probable cause to take into custody or to arrest an individual; (KLEAP 1.2.6)

b.   Constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a vehicle; or (KLEAP 1.2.6)

c.   Determining the existence of probable cause to conduct a search of an individual or conveyance.

d.   Determining the usage of asset seizure and forfeiture efforts. (KLEAP 1.2.6)

2.   Acts that constitute racial or other biased-based policing include but are not limited to:

a.   Using race, ethnicity, national origin, gender, or religion as a general indicator or predictor of criminal activity.

b.   Using the race, ethnicity, national origin, gender, or religion of a person in the course of any law enforcement action unless the officer is seeking to detain, apprehend, or otherwise be on the lookout for a suspect sought in connection with a crime who has been identified or described in part by race, ethnicity, national origin, gender, or religion.

c.   Using the race, ethnicity, national origin, gender, or religion of a person in the course of any reasonable action in connection with a status offense, such as runaways, child in need of care, missing persons, and other non-criminal care taker functions unless the person is identified or described in part by race, ethnicity, national origin, gender, or religion.

d.   Using race, ethnicity, national origin, gender or religion shall not be motivating factors in making law enforcement decisions and/or actions, unless the person is identified or described in part by race, ethnicity, national origin, gender or religion.

e.   Using race, ethnicity, national origin, gender or religion as the basis for discretionary law enforcement i.e. who they will cite, arrest, warn, search, release or which person(s) to treat with respect and dignity.

3.   Any employee who witnesses or who is aware of any instance of racial or biased-based policing shall immediately report the incident to their supervisor.

4.   Law enforcement supervisors are responsible for:

a.   A working knowledge of department complaint procedures and for directing or receiving complaints appropriately.

b.   Monitoring officers for reasonableness and appropriate application of legal standards while taking enforcement actions or using discretion.

c.   Taking appropriate action including coaching and discipline to assure compliance with this policy and related state and federal statutes.

d.   Being observant for any pattern or practice of discriminatory treatment by officers or groups of officers and taking immediate steps to investigate, intervene or report the activity to superiors.

5.   Any member violating the provisions of this policy or the state or federal statutes pertaining to racial or other biased-based policing or violating the constitutional rights of any person as provided in this policy is subject to corrective action or discipline. Such discipline includes actions appropriate in response to the nature of the violation based on facts revealed in the investigation of the complaint and consistent with applicable laws, rules and regulations, labor contracts, resolutions, ordinances or policies, including but not limited to, demerits, suspension or termination of employment. Discipline may also include retraining, counseling, or any other action deemed appropriate to deter repeated violations.

B.      Training

1.      All law enforcement officers with this department are required to attend annual and, upon hire, entry level biased-based policing training. The training shall include, but is not be limited to, the recognition and rejection of racial, or other biased-based policing and the legal implications of biased based policing.  Use of distance learning technology is allowed for this training. (KLEAP 1.2.6)

C.      Public Notice

1.      This department shall engage in ongoing efforts to notify the public of the existence of this policy, the right of individuals to file a complaint with the department or the office of the Kansas Attorney General regarding incidents of alleged racial or other biased-based policing and the process for making a complaint of racial or other biased-based policing alleged to have been committed by law enforcement officers employed by the department or the department as a whole.

D.     Complaints

1.   Complaints on incidents alleging racial or other biased-based policing may be made by delivering a written statement, signed by the complaining party or parties to the Chief of Police of the University of Kansas Police Department or by utilizing the complaint process in effect for all other complaints against the department.  Complaints of racial or other biased-based policing can also be made directly to the Office of the Provost, 250 Strong Hall, 1450 Jayhawk Boulevard, Lawrence, KS 66045 or the Office of the Kanas Attorney General.

2.   No person who believes they have been subjected to racial or other biased-based policing shall be discouraged, intimidated or coerced from filing a complaint.  No person will be discriminated against or subject to retribution because they have filed such a complaint.

3.   If, upon completion of an appropriate investigation by the department, it is determined that a commissioned employee of the department has directly violated this policy prohibiting racial or other biased-based policing, the department shall initiate appropriate disciplinary action consistent with applicable laws, rules and regulations, or policies with penalties, including demerits, suspension or termination of the employment of the law enforcement officer from the department. (KLEAP 1.2.6)

E.      Annual Report

On or before July 31st of each year, the department will provide the Office of the Kansas Attorney General a report detailing any complaints of racial or biased-based policing for the period of July 1st to June 30th.  The report will be completed on forms provided by the Office of the Kansas Attorney General.

F.       Annual Administrative Review

This policy will be reviewed annually. During the review, the department will analyze agency practices, citizens’ concerns and the corrective measures taken for any problematic areas. The annual review, and its findings will be documented and retained by the Department. (KLEAP 1.2.6)