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Effective Date: January 7, 2021

Review Cycle: Annual 

Review Dates:

H.1. POLICY

In order to protect the Department’s integrity and demonstrate its commitment to provide professional service to the University community, all complaints of employee misconduct will be investigated fairly and impartially. 

H.2. RECEIPT OF A COMPLAINT

Complaints may be made 24 hours a day, by phone, by e-mail or in person.  Complaints will be received by the employee’s supervisor (if identified and on-duty) or by the on-duty patrol shift supervisor.  All persons wishing to make a complaint should be asked to complete the Department’s complaint form in addition to any verbal discussions that occur.  Department complaint forms will be available on the department’s website and in the lobby of the Public Safety Building. Completed forms may be mailed to the Department.  Anonymous complaints will be accepted, but subsequent investigation may be hampered by lack of information or the ability to ask clarifying questions. 

H.3. COMPLAINT CLASSIFICATION

Upon receipt of a complaint, the receiving supervisor will classify the complaint in one of the following categories:

• Informal Complaint – A contact with a member of the public regarding an issue of concern of a minor nature that is immediately addressed and resolved to the satisfaction of the citizen. 
• Personnel Complaint - Any complaint that alleges inadequate service, a possible violation of department policy or a traffic infraction.
• Complaint of biased policing – See Section J "Racial Or Other Biased-Based Policing Policy" below.
• Criminal Complaint – A complaint which indicates, or seems to indicate, that an employee of the Department has committed a violation of law (excluding biased policing and traffic infractions).

Any questions by a supervisor concerning the classification of a complaint should be directed to the Director who will make the determination of the proper classification of any complaint.

H.4. AUTHORITY OF PROCEDURE

Department supervisors have the authority to receive and investigate informal complaints and personnel complaints concerning their employees and to propose disciplinary action, if appropriate.  They also have the responsibility to fill out a department complaint form, if one is not completed by the complainant.  The completed form will be provided to department administration on the next business day.

Department supervisors who receive a criminal complaint or a complaint of biased policing will ask the complainant to complete a department complaint form and immediately notify the Director. The Director will evaluate the complaint and will take appropriate action as befits the situation.

H.5. NOTIFICATION TO EMPLOYEE

  Employees who are the focus of an informal complaint or a personnel complaint will be advised of the complaint by the investigating supervisor. 

  Employees who are the focus of a complaint of biased policing will be notified of the complaint by the investigating supervisor.  The investigating supervisor will keep the Director informed on the progress of the investigation and the Director may choose to reclassify the complaint as a criminal complaint.

  If an employee is the subject of a criminal complaint, the employee will be notified, at the onset of the investigation, that an investigation has been initiated, the nature of the complaint, and the identity of the two investigators who will be assigned – one in charge of the criminal complaint investigation and the other in charge of the investigation of any violation of personnel regulations.  The Director may place the employee in an “Administrative Leave” status pending completion of the investigations.  Paperwork to support that leave will be forwarded to Human Resources on the next business day.  All criminal complaint investigations will be kept separate from any investigation of a violation of personnel regulations.

  Upon completion of any complaint investigation, the supervisor will also notify the employee of the outcome. 

H.6. DISPOSITION

Upon the completion of a complaint investigation, the investigating supervisor will provide a written report to the Director that details the investigation.  The report will include recommendations for discipline or re-training, if appropriate, as well as the investigator’s recommended final disposition for each charge in the complaint.  The dispositions are:

• Sustained – Evidence is sufficient to prove allegations
• Not sustained – Insufficient evidence exists to either prove or disprove allegations
• Exonerated – The incident occurred but was lawful and within policy
• Unfounded – The allegation is false or not factual or the employee was not involved
• Withdrawn – The complainant withdrew the complaint during the course of the investigation
• Multiple – Different charges within the complaint fit two or more dispositions

All completed investigations of criminal complaints will also be presented to the appropriate prosecutor for determination of prosecution.  All written documentation of investigations of criminal complaints will be maintained by the Director and, excepting a court order, will not be released unless specifically authorized by the Director.

Upon final approval of the disposition by the Director, a written response will be sent to the complainant of personnel complaints, complaints of biased policing and criminal complaints, if contact information is available.

Effective Date: May 21, 2021 

Review Cycle: Annual

Review Dates:

D.1. CONDUCT

D.1.1 POLICY

In the performance of law enforcement duties, the law enforcement officer, mindful of the responsibility to the whole community, will deal with individuals of the community in a manner calculated to instill respect for its laws and its police service. 

It is the policy of this department that the principles of Procedural Justice will guide public interactions, policy, training and supervisory oversight for all department employees.  The four principles are:

1. Treating people with dignity and respect
2. Giving individuals “voice” during encounters
3. Being neutral and transparent in decision making, and
4. Conveying trustworthy motives

Law enforcement officers shall conduct their official life in a manner that which will inspire confidence and trust.  Officers will give service where they can and require compliance with the law.  They will do neither from personal preference nor prejudice, but rather as a duly appointed officer of the law, discharging their sworn obligation.

D.1.2.  OBEDIENCE TO LAWS AND ORDER

Employees shall obey the laws of the United States and the State of Kansas and other applicable jurisdictions, the Board of Regents rules and regulations, local city ordinances, departmental orders, policies and instructions, and the lawful orders of the courts.

Any employee who becomes a suspect in a misdemeanor or felony criminal investigation by a law enforcement agency of any jurisdiction shall notify the Director/Chief or appropriate Deputy Chief or Assistant Director within 24 hours of knowledge of that investigation.  Any employee who is the subject of a protection from abuse, stalking, or similar order shall notify the Director/Chief or appropriate Deputy Chief or Assistant Director within 24 hours of knowledge of such order.

D.1.3.  OBEDIENCE TO A LAWFUL ORDER

Employees shall obey the lawful verbal or written orders of their supervisors.  Should an order conflict with a previous order, policy, direction, or instruction, whether issued by another supervisor or as a departmental order, the employee may respectfully bring such conflict to the attention of the supervisor issuing the conflicting order.  If the supervisor does not alter the order to eliminate the conflict, the order shall stand and the employee shall obey it.

After complying with the order, the employee may request that a higher-ranked supervisor review the conflict for a resolution.  No supervisor shall deny an employee review by the higher supervisor.  An employee’s disagreement with a lawful order, where no conflict exists, does not warrant a request for review on face value.  The merits of the request will be judged by the reviewing supervisor.

D.1.4.  VIOLATIONS OF DIRECT ORDERS

Confirmed violations of any policy, procedure, rule, regulations, or order or the failure to carry out a reasonable and valid order given by a supervisor or person placed in charge may be cause for disciplinary action.

D.1.5.  DISCRETION

Employees with the University of Kansas Public Safety Office are often called upon to make difficult decisions in the performance of their duties.  They must exercise discretion in situations where their rights and liabilities and those of the Department hinge upon their conduct and judgment.  In the discharge of their duties, they must not allow personal prejudice or motive to govern their decisions or conduct.

D.1.6.  INTEGRITY

Since the conduct of an employee, on or off duty, may reflect directly upon the Department, all employees must conduct themselves in a manner that which does not bring discredit to themselves, the Department, or the University.

D.1.7.  COURTESY

Employees shall be courteous and civil to the public and to one another at all times.

D.1.8.  CRIMINAL ASSOCIATIONS

Only during the performance of their duties will employees knowingly associate or have dealings with criminals or other persons engaged in unlawful activity.  Furthermore, employees will not operate, own, or knowingly frequent places of illegal activity, either on or off duty, except when necessary in the performance of their duties.

Effective Date: April 12, 2021

Review Cycle: Annual 

Review Dates:

J.1. 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.

J.2. DEFINITIONS

A.  “Racial or other biased-based policing” means 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.

B.  “Enforcement Action” means any law enforcement act, as described in K.S.A. 22-4609, and amendments there to, during a nonconsensual contact with an individual or individuals. 

C.  “Law Enforcement Officer” has the meaning ascribed thereto in K.S.A. 74-5602, and amendments thereto.

J.3. CONDUCT

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

1. determining the existence of probable cause to take into custody or to arrest an individual;
2. 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
3. determining the existence of probable cause to conduct a search of an individual or conveyance. 

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

1. Using race, ethnicity, national origin, gender, or religion as a general indicator or predictor of criminal activity.
2. 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.
3. 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.
4. 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.
5. 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.

C. 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.

D. Law enforcement supervisors are responsible for:

1. a working knowledge of department complaint procedures and for directing or receiving complaints appropriately
2. monitoring officers for reasonableness and appropriate application of legal standards while taking enforcement actions or using discretion
3. taking appropriate action including coaching and discipline to assure compliance with this policy and related state and federal statutes.
4. 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.

E. 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.

J.4. TRAINING

All law enforcement officers with this department are required to attend annual education training which shall include, but not be limited to, training relevant to racial or other biased-based policing. Use of distance learning technology is allowed for this training.

J.5. PUBLIC NOTICE

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.

J.6. 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 the KU Public Safety Office or by utilizing the complaint process in effect for all other complaints against the department found in Sec. H of this manual.  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 Kansas 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, suspensions or termination of the employment of the law enforcement officer from the department.

J.7. ANNUAL REPORT

On or before July 31 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.