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I.        Purpose

The purpose of this policy is to inform all employees and the public of procedures for the acceptance, processing and investigation of complaints or allegations of misconduct against the University of Kansas Police Department (KUPD) or any of its employees; to ensure that the investigation of alleged misconduct is fair, impartial and complete; to safeguard the rights of the suspected or accused; and to exonerate the innocent.

II.      Policy

The department must provide a formal internal system for the processing of complaints relative to department operations, policies and procedures, and the conduct of all KUPD personnel. The character and the reputation of the department is based on an adequate program of fair and impartial investigations. All complaints against the department or its employees will be investigated and documented including anonymous complaints. Primary objectives of any complaint investigation are:

A.Protection of the Public

The public has a right to expect efficient, fair, and impartial law enforcement. Therefore, any misconduct by the department personnel must be detected, thoroughly investigated and properly adjudicated to assure the maintenance of these expectations.

B.Protection of the Department

The department is often evaluated and judged by the conduct of individual members. It is imperative that the entire organization not be subjected to public censure because of misconduct by one of its members.

C.Protection of the University

The department is a direct representative of the University. The University also needs protection from public censure because of misconduct by one of its employees.

D.Protection of the Employee

Employees must be protected against false allegations of misconduct. This can only be accomplished through a consistently thorough investigative process.

E.Correction of Procedural Problems

The department is constantly seeking to improve its efficiency and the efficiency of its personnel. Administrative investigations occasionally disclose faulty policies and procedures that would otherwise have gone undetected. These procedures can then be improved or corrected.

III.Definitions

A.      Complaint: For the purposes of this policy, a complaint shall be defined as an act of expressed dissatisfaction, which relates to the KUPD.

B.      Public Offense: A violation of local, state, or federal law with a reasonable potential for prosecution.

III.    Procedures

A.      Regulations

1.      All members of the department shall fully cooperate with any member of the agency assigned by the Chief of Police to conduct an administrative investigation.

2.      No member of the department involved in an administrative investigation who, after being given the appropriate Garrity warning (as approved by the Chief of Police) shall refuse to answer, without counsel present, questions related to the performance of his/her official duties or about his/her fitness for duty.

3.      No member of the department shall refuse to submit to medical or laboratory examination, pursuant to and in concurrence with all legal requirements after being directed by the Chief of Police to submit to said examinations.

4.      Employees who are potential witnesses in an administrative investigation shall not discuss the content of that investigation with other potential witnesses or department members prior to the conclusion of the investigation, nor shall they attempt to solicit information for or from another employee involved, or attempt to influence a witness.

5.      No member of the department, nor any complainant from within the department, nor the person accused, shall inappropriately disclose the identity of anyone who reports a suspected violation or who participates in a related investigation.

6.      No member shall refuse to receive any complaint that may be lodged against the department or any employee.

7.      Retaliation in any form against an individual who in good faith reports a violation of regulations or of law, even if the report is mistaken, or assists in the investigation of a reported violation, is itself a serious violation of this policy and of law. Any employee responsible for reprisals against anyone for reporting in good faith known or suspected violations, will be subject to disciplinary action, up to and including termination. This section, however, shall not apply to disciplinary action directed to any employee who knowingly or with reckless indifference to the truth makes a false report or provides false information.

B.      Acceptance and Referrals of Complaints (KLEAP 5.2.1)

1.      All members of the KUPD are charged with the responsibility for courteously and willingly receiving any and all complaints, including anonymous complaints that may be lodged against the department or an employee. Complaints may be made 24 hours a day, by phone, email, or in person.

2.      An online complaint form will be available on the department s website. The submitted online form is sent to a limited access department email. The Investigations/Support Services Captain shall be responsible for checking the KUPD email account for complaints.

3.      When a complaint is received, whether in person or by telephone, the officer who takes the complaint will document the information through an Officer s Report. The report shall include detailed facts, including contact information if available, pertinent to the complaint. The officer will ask clarifying questions, as needed. The completed Officer s Report will be submitted to the Chief of Police. Officers will scan the original and send the digital copy through email. The digital copy should be deleted from the scanned item file after sending. The original will be placed in the Chief s mailbox.

4.      The Chief of Police will be notified immediately by phone call or text whenever there is a complaint of misconduct or illegal behavior.

5.      Minor complaints such as, but not limited to, tardiness, inattention to duty, improper wearing or care of uniform and equipment, will be immediately brought to the attention of the on-duty supervisor.The supervisor will complete an Officer s Report detailing the complaint and any corrective actions. The Officer s Report will be scanned, and the digital copy sent through email. The digital copy should be deleted from the scanned items file after sending. The original will be placed in the Chief s mailbox.

6.      If no supervisor is on duty when a minor complaint is taken, the officer receiving the compliant will complete an Officers Report, scan the original, and send the digital copy through email. The digital copy should be deleted from the scanned items file after sending. The original will be placed in the Chief s mailbox.

7.      When a complaint is received by letter, email, or fax, that document itself will be the complaint document.

8.      Anonymous complaints will be handled in the above described manner and evaluated by the Chief of Police to determine the extent to which they should be investigated.

9.      Procedures for filing a complaint against or commend the department or one of its members shall be made available to the public by posting the procedures on the department s web site.

C.      Authority and Responsibility

1.      Upon receipt of a complaint of misconduct or illegal behavior, the Chief of Police shall do one of the following: (KLEAP 5.2.1)

a.      Assign an individual supervisory staff member or other department member to conduct the investigation,

b.      Refer the complaints to the Deputy Chief for investigation,

c.       Consider requesting an outside law enforcement agency to conduct the investigation if the matter involves possible criminal activity or has the potential for severe damage to the department s reputation, or

d.      Order no investigation when it is known the complaint is unfounded.

2.      The Chief of Police has the authority to amend, modify, reject or approve the recommendation of any investigator(s), supervisor(s) or other staff member.

3.      The final decision with regard to discipline against an employee rests with the Chief of Police.

4.      The final decision with regard to pursuing criminal charges against an employee rests with the City Attorney s Office, District Attorney s Office, or U.S. Attorney s Office, depending on the alleged violation.

5.      Department members assigned by the Chief of Police to conduct an administrative investigation shall have the authority to interview any member of the department and to review any record or report of the department relative to the assigned investigation.

6.      Members assigned to an administrative investigation will come under the direct authority of the Chief of Police, and all matters relative and pertaining to the investigation will be reported directly to the Chief of Police.

7.      Supervisors may temporarily relieve an employee from duty with pay, pending the outcome of an investigation, when a supervisor personally observes conduct that is extremely serious in nature and creates actual or potential harm to the officers or to others; when a supervisor has cause to believe that an employee is unfit for duty due to psychological or physical reasons; or when a supervisor believes it is in the immediate best interest of the KUPD or the community.

a.      If a supervisor relieves an employee from duty, the supervisor will immediately contact the Captain of the employee s division. The Captain will immediately notify the employee s chain of command, up to and including the Chief of Police. The employee shall not return to work until given further instructions by a command staff member.

b.      Officers being relieved from duty under the authority of this policy must surrender their duty weapon, badges, building keys, identification card and commission cards to their supervisor prior to ending their tour of duty.

D.     Informal Complaints

1.      If the complainant does not desire a formal complaint processing, or the complaint has been brought to departmental members, the following types of complaints may be handled by the involved employee s immediate supervisor:

a.      Complaints of demeanor,

b.      Neglect of duty,

c.       Traffic infractions, and

d.      Minor rules and regulations, or policy and procedure and violations.

2.      All informal complaint investigations shall be documented and, upon completion, forwarded to the Chief of Police for control and statistical purposes, and final discipline decisions.

E.      Formal Complaints

1.      Upon accepting a formal complaint from a citizen, the complainant will be notified that the complaint has been received and an investigation will be conducted.

2.      Department employees involved in a formal complaint shall be notified of the complaint and their rights and responsibilities in writing. The employee s supervisory chain of command shall be notified of the ensuing investigation. (KLEAP 5.3.2)

3.      Upon receipt of notification, the employee(s) may be instructed to submit a written report setting forth all the details of the incident resulting in the complaint. The report will be delivered to the department staff member assigned to conduct the investigation, as indicated in the notification, no later than 24 hours after the employee is notified. The report shall contain the following:

a.      All pertinent information pertaining to the allegation,

b.      A list of all officers and witnesses known, and

c.       Any other information that would be of assistance in the investigation.

F.       Conduct of Investigation

1.      A thorough, complete and impartial investigation will be conducted by the department members assigned by the Chief of Police.

2.      The investigation may include the taking of formal, signed statements, gathering and preservation of physical evidence and any other information relevant to the investigation.

3.      All employee interviews shall be recorded and interviews with complainants should be recorded whenever possible.

4.      Employees shall be given the Miranda or Garrity warning, whichever is applicable.

5.      Pursuant to, and in concurrence with all legal requirements, the Chief of Police may, at department expense, require an employee to submit to a medical or laboratory examination and provide a sample of blood, breath or urine, when such examination is specifically directed and narrowly related to a particular investigation (e.g. determining alcohol and/or illicit drug use by an employee).

6.      Pursuant to, and in concurrence with all legal requirements, the Chief of Police may require an employee to be fingerprinted, be photographed, to cooperate with the creation of an audio/video recordings exemplar, participate in a line-up; submit to a financial disclosure statement; and submit to a polygraph, psychological and/or physical examination, provided that such actions are material to a particular investigation and such actions are specifically directed and narrowly related to said investigation.

a.      Whenever a complaint from a citizen is the basis for the investigation, the matter is non-criminal, and no corroborating information has been discovered, officers shall not be required to submit to a polygraph examination unless the citizen also submits to a polygraph examination which is specifically directed and narrowly related to the complaint.

7.      When the search of an employee s home, auto or other premises is necessary, the employee shall be given the opportunity to sign a waiver of search form. If the employee refuses to sign the waiver, the search aspect of the investigation will be in accordance with the Kansas Criminal Code and the Kansas Code of Criminal Procedure.

8.      No statement, comment, writing, suggestion, gesture or innuendo that suggest lenience, prosecution, no prosecution or disciplinary action will be made or directed to an employee being investigated by any person assigned to the investigation.

9.      All administrative investigations should be completed within 30 days of receipt of the complaint, subject to extension as provided for in Section III(F)(6)(11), below.

10.  Status reports regarding the progress of the investigation shall be submitted to the Chief of Police at seven-day intervals until the investigation is complete.

11.  If for any reason the investigation cannot be completed within the allotted time, the investigating member shall request an extension from the Chief of Police.

12.  The Chief of Police will provide the complainant a written update if an investigation of a formal complaint from outside the department exceeds 30 days.

G.     Conduct of Investigation of a Public Offense

1.      At the outset of an investigation or at any time in the course of an investigation of a complaint of misconduct when it appears that an employee has committed a public offense, the procedure listed below will be included in the investigation process.

a.      The suspected employee shall be afforded every safeguard of his/her rights whether outlined in this policy or not.

b.      It shall not be taken for granted by investigators that the suspected employee is aware of his/her rights through police experience, nor shall the employee be expected to waive any rights because of their employment by the department.

c.       At the outset of an investigation when the employee is suspected of committing a public offense, the employee shall not be directed to submit a report as outlined earlier in the policy.

d.      When an investigation ceases to be a general inquiry and begins to focus on a particular aspect, the Miranda warning will be given before any interrogation commences.

e.      When a suspected employee does not wish the inquiry be extended to interrogation, the interrogation will cease.

f.        When a suspected employee requests his/her lawyer to be present, no interrogation will take place until the lawyer is present.

g.      The administrative investigation will not take place until the conclusion of the investigation of a public offense.

H.     Conclusion of Investigation (KLEAP 5.3.1)

1.      An objective investigation will be made into the complaint, and at its conclusion, a report will be forwarded to the Chief of Police for review.

2.      The report will include a recommendation as to the findings based on a conclusion of fact, but not to punitive action to be taken or that criminal charges are filed.

3.      The report will classify the findings, based on a conclusion of fact, as one of the following:

a.      Unfounded The investigation conclusively proved that the act complained of did not occur. This finding also applies when an individual employee named in the complaint was not involved in the act which may have occurred.

b.      Exonerated The act which provided the basis for the complaint or allegation occurred; however, the investigation revealed that the act was justified, lawful, and proper.

c.       Not Sustained The investigation failed to disclose sufficient evidence to clearly prove the allegation made in the complaint or to conclusively disprove such allegation.

d.      Sustained The investigation disclosed sufficient evidence to clearly prove the allegation made in the complaint.

e.      Sustained Against Policy the investigation revealed a faulty policy and/or procedure.

4.      The Chief of Police shall review and approve each formal investigation and may, at his/her discretion, make a new and separate finding as to appropriate action.

5.      Any investigation disapproved by the Chief of Police shall be returned to the investigating member for required action necessary for approval.

6.      The Chief of Police will notify, in writing, the complainant and the suspected employee(s) of the results of the investigation upon its conclusion.

7.      In cases where the conclusion of fact is Sustained Against Policy , the Chief of Police will issue a Special Order amending the applicable policy as necessary. The Special Order will remain in effect until the applicable policy is formally amended.

I.        Disposition of Investigation Results

1.      The Chief of Police will impose discipline as prescribed and outlined in the appropriate University of Kansas and KUPD disciplinary policies.

J.        Investigative Complaint Files

1.      The Chief of Police will maintain a comprehensive central complaint file on complaints, whether investigated by a supervisory staff member, or any other member of department.

2.      In order to maintain the confidentiality of Investigative Complaint Files, access to the files within the department will be restricted and they will be stored in a secure location as determined by the Chief of Police. Only persons with a need to know the content of the files, based on participation in the investigative or discipline process, will be allowed to examine those documents. Access shall be granted only by order of the Chief of Police. (KLEAP 5.2.2)

3.      Per the Kansas State Records Board, these personnel files will be retained in accordance with the recordkeeping plan. (Retain 62 years after termination of employment, then destroy.) (KLEAP 5.2.2)

4.      The member accused shall have the right to inspect and request copies of the Investigative Complaint File of the investigation. All records, reports, statements and information contained in the file are confidential and the accused member may only use the information in a grievance.

5.      Except per court order, or unless specifically authorized by the Chief of Police, no portion of an investigative complaint file shall be given to, or maintained by, anyone outside of the department.

6.      The Chief of the Police shall compile annual statistical summaries of complaints and administrative investigations, and provide the same to the University of Kansas Police Advisory Board. The statistical summary will be made available to the public and to employees by including it in the department s annual report and posting it on the department s web page.

I.        Purpose

The purpose of this policy is to provide additional specificity to the standards of conduct embodied in the law enforcement officer s code of ethics and this agency s statement of values so that members of this agency will better understand prohibitions and limitations pertaining to their conduct and activities both on and off duty. The rules of conduct set forth in this policy are not intended to serve as an exhaustive treatment of requirements, limitations, or prohibitions on member conduct and activities established by this agency. Rather, they are intended to (1) alert members to some of the more sensitive and often problematic matters involved in police conduct and ethics; (2) specify, where possible, actions and inactions that are contrary to and that conflict with the duties and responsibilities of members, and (3) guide members in conducting themselves in a manner that reflects standards of demeanor and professionalism as required of members. Additional guidance on matters of conduct is provided in regard to specific policies, procedures and directives disseminated by this agency and from members immediate supervisors and commanders.

II.      Policy(KLEAP 5.1.1)

Actions of members that are inconsistent, incompatible or in conflict with the values established by this agency negatively affects its reputation and that of its members. Such actions and inactions thereby detract from the agency s overall ability to effectively and efficiently protect the public, maintain peace and order, and conduct other essential business. Therefore, it is the policy of this law enforcement agency that members conduct themselves at all times in a manner that reflects the ethical standards consistent with the regulations contained in this Policy and otherwise disseminated by this agency.

III.Definitions

A.      Accountability: In the context of this policy, accountability means the duty of all members to truthfully acknowledge and explain their actions and decisions without deception or subterfuge when requested to do so by an authorized member of this agency.

B.      Social Courtesy: The practical forms, fashions, and manners observed in the society of educated and cultivated people whose purpose is to get things done pleasantly and quickly, or to eliminate friction in our daily contacts with one another. Examples of social courtesies include items of negligible value such as the offering of a beverage when someone s home, the occasional plate of cookies that are brought to the department around Christmas, or the hot dog and drink offered by the neighborhood association while attending their annual picnic.

III.    Procedures

A.      Regulations

1.      Appearance in Court/Court Testimony

a.      After having been officially notified, either verbally or in writing, members of the department shall report as directed by any supervisor, subpoena, or by any notice which dictates his/her required appearance before any hearing board or court.

b.      While testifying in court, members of the department shall avoid any show of prejudice, anger, sarcasm, or quarrelsomeness.

c.       All members appearing in court shall wear the regulation uniform of the day or be dressed in civilian dress attire, which includes a suit coat and tie or business attire.

d.      Regardless of a member s rank, assignment, special training, and/or special qualifications, he/she shall not appear as an independent operator on behalf of a defendant, for consideration or otherwise, obtain, develop, prepare, or present evidence/testimony which would prejudice the prosecution of a criminal or traffic complaint by any duly constituted law enforcement agency.

e.      No member shall authorize or recommend the reduction or dismissal of any charge, bond, or fine as set by the Municipal Court, District Court, or Federal District Court without the approval of the Chief of Police.

f.        No member shall, without prior written approval of the Chief of Police, appear or give testimony as a character witness for any defendant in a criminal inquiry or trial, unless properly subpoenaed.

2.      Conduct Unbecoming a Member Prohibited

a.      Members shall not engage in any conduct or activities on or off duty that reflect discredit on the members, tend to bring this agency into disrepute, or impair its efficient and effective operation.

b.      Members are directly accountable for their actions through the chain of command, to this agency s Chief of Police.

c.       Each member of the department shall report to a supervisor any incident which may adversely affect the efficiency or discipline of the University of Kansas Police Department (KUPD).

d.      Members shall not knowingly depart from the truth in making reports, affidavits, court documents, in giving testimony, or in connection with any official duties, except the use of deception in criminal cases as legitimate investigative technique.

e.      Members of the department shall use good judgement in all situations.

3.      Contact With Citizens

a.      Members shall conduct themselves toward the public in a civil and professional manner that connotes a service orientation and that will foster public respect and cooperation.

b.      Members shall treat citizens with respect, dignity and be courteous, guard against employing an officious or overbearing attitude or language that may belittle, ridicule, or intimidate the individual, or act in a manner that unnecessarily delays the performance of their duty.

c.       While recognizing the need to demonstrate authority and control over criminal suspects and detainees, officers shall adhere to this agency s use-of-force policy and shall observe the civil rights and protect the well-being of those in their charge.

d.      When a citizen requests the name and/or badge number of any member of the KUPD, they are required to tell the citizen their first name, last name and ID number unless they are officially working in an undercover capacity. If requested by a citizen, members will show their department issued photo identification, unless working in an undercover capacity. (KLEAP 3.2.2.a.b)

e.      Members of the department shall, when making telephone contact with citizens, identify themselves with their name, rank (if applicable) and department. Upon the request of the citizen, the officer will provide their ID number.

f.        Members of the department shall be attentive to complaints and/or requests by citizens, and shall take action on them, or refer the person to the proper agency or individual.

g.      Members shall protect, secure and properly care for property and/or evidence that has been returned to the owner or submitted into property and evidence.

4.      Conduct Toward Fellow Employees

a.      Members shall conduct themselves in a manner that will foster cooperation among members of this agency, showing respect, courtesy, and professionalism in their dealings with one another.

b.      Members shall not use language or engage in acts that demean, harass, or intimidate another person.

c.       Members of the department shall give full cooperation to representatives of all levels of government.

d.      Every department shall coordinate their individual police effort with those of this and all other criminal justice agencies/employees, regardless of the rank and/or assignment of anyone involved.

e.      No member of this agency shall fight or quarrel with any other member of the agency.

f.        Department members shall avoid any derogatory criticism, idle conversation, or gossip that would have an adverse effect on the department.

5.      Use of Alcohol and Drugs

a.      Members shall not consume any intoxicating beverage while on duty.

b.      No alcoholic beverage shall be served or consumed on police premises or in a vehicle owned by this agency.

c.       No member shall report for duty with the odor of alcoholic beverage on their breath.

d.      No member shall report to work or be on duty when their judgement or physical condition has been impaired by alcohol, medication, or other substances.

e.      Members must report the use of any substance, prior to reporting for duty, which impairs their ability to perform their assignments.

f.        Supervisors shall order a drug or alcohol screening test when they have reasonable suspicion that a safety-sensitive employee is using and/or under the influence of drugs or alcohol in accordance with the Kansas state law (K.S.A 75-4362).

g.      Safety-Sensitive employees who test positive for controlled substances after being tested in accordance with this policy, or refuse to test as a part of the aforementioned policy, will be subject to discipline, up to termination, even on a first offense.

h.      While off-duty, members of the department shall not:

(i)      Consume or purchase any beverage containing alcohol, or ingest any narcotic substances, while they are dressed in a KUPD uniform or any part thereof.

(ii)    Become intoxicated, in public view, to the point of causing embarrassment to the department.

i.        No member of the department shall smoke or use any other form of tobacco while performing a police duty at the scene of a police incident, or while making personal contact with citizens in the performance of their duty.

6.      Abuse of Law Enforcement Powers or Position

a.      Members of the department shall neither solicit nor receive any bribe for the commission or omission of any of their duties.

b.      Members of the department shall submit a written report to their supervisor detailing any offer of a bribe/gratuity for the commission or omission of their duties, or to commit an illegal act.

c.       Members shall not, under any circumstances, use their position, badge, or uniform, directly or indirectly, to solicit any gift, gratuity, loan, discount or other fee for their own personal gain where there is any connection between the solicitation and their department membership or employment.

d.      Members shall not accept gifts or gratuities that could be interpreted as capable of influencing their judgement in the discharge of their duties or that would reflect favoritism by the member or the department towards any particular person, group, or business. This is not intended to prohibit members from accepting social courtesies, singular or random acts of appreciation or recognition, or items made available to the general public.

e.      Members shall report any unsolicited gifts, gratuities, or other items of value that they receive to the Chief of Police and shall provide a full report of circumstances of their receipt if directed.

f.        Members are prohibited from buying or selling anything of value from or to any complainant, suspect, witness, defendant, prisoner, or other person involved in any case which has come to their attention or which arose out of their department employment, except as may be specifically authorized by the Chief of Police.

g.      If a member receives a monetary reward for police department related work, the money will be donated to a fund approved by the Chief of Police.

h.      Members shall not purchase, convert to their own use, or have any claim to any department surplus, found, impounded, abandoned, or recovered property, or any property held or released as evidence.

i.        During work hours, while in uniform, or otherwise serving as a representative of this agency, members shall not engage in any type of sales or solicitation without the express consent of the Chief of Police or designee.

j.        Members of the department shall obtain the approval of the Chief of Police prior to lending their names, photographs, testimonials or endorsements to any advertising effort.

k.       Members shall not, under any circumstances, use their position, badge or uniform, directly or indirectly, to influence, coerce, harass, or intimidate another outside of the scope of their assigned department duties.

l.        Members are prohibited from using information gained through their position as an employee with this agency to advance financial or other private interests of themselves or others.

m.    Members who institute or reasonably expect to benefit from any civil action that arises from acts performed under the color of authority of being a KUPD employee, shall inform the Chief of Police.

n.      An employee shall take assertive action and notify the appropriate supervisory authority if they observe or become aware of what they believe to be criminal conduct, unconstitutional behavior, unnecessary use of force, or other inappropriate activities that would discredit the agency by other employees. (KLEAP 1.2.7)

7.      Off-Duty Police Action

a.      Officers shall not use their police powers to resolve personal grievances (e.g. those involving the officer, family members, relatives, or friends) except under circumstances that would justify the use of self-defense, actions to prevent injury to another person, or when a serious offense has been committed that would justify an arrest. In all other cases, officers shall summon on-duty police personnel and a supervisor in cases where there is personal involvement that would reasonably require law enforcement intervention.

b.      Unless operating a marked police vehicle, off-duty officers shall not arrest or issue citations or warnings to traffic violators on sight, except when the violation is of such a dangerous nature that officers would reasonably be expected to take appropriate action.

c.       Department members involved in off-duty law enforcement related incidents shall use good judgement in all situations. When off-duty and witnessing a law enforcement related incident, members are strongly encouraged to be good witnesses and contact the appropriate law enforcement/911 agency immediately. Members should not intervene unless the incident is of such a dangerous nature that officers would reasonably be expected to take appropriate action.

d.      Department members involved in any off-duty related incident(s) other than minor traffic violations, that involves an outside law enforcement agency shall immediately report that contact and involvement to the Deputy Chief. Department members involved in a minor traffic violation incident(s) that involves an outside law enforcement agency shall report that contact and involvement to their immediate supervisor upon their return to work.

8.      Prohibited Associations and Establishments

a.      Members shall not knowingly commence social relations with the spouse, immediate family member, or romantic companion of persons in the custody of this agency, or with persons who are principal parties in active investigations of this department.

b.      Members shall not knowingly commence or maintain a relationship with any person who is under criminal investigation, indictment, arrest, or incarceration by this or another police or criminal justice agency, and/or who has an open and notorious criminal reputation in the community (for example, persons whom they know, should know, or have reason to believe are involved in felonious activity), except as necessary in the performance of official duties, or where unavoidable because in the performance of official duties, or where unavoidable because of familial relationships.

c.       Members shall not knowingly join or participate in any organization that advocates, incites, or supports criminal acts or criminal conspiracies.

9.      Public Statements, Appearances, and Endorsements

a.      Members shall not, under color of authority:

(i)      Make any public statement that could be reasonably interpreted as having adverse effect upon department morale, discipline, operation of the agency, or perception of the public.

(ii)    Divulge or willfully permit to have divulged, any information gained by reason of their position, for anything other than its official, authorized purpose; or

(iii)  Unless expressly authorized, make any statements, speeches, or appearances that could reasonably be considered to represent the views of this agency.

b.      Members shall be guided by state law regarding their personal participation and involvement in political activities. Where state law is silent on this issue, members shall be guided by the following examples of prohibited political activities during working hours, while in uniform, or otherwise serving as a representative of this agency:

(i)      Engage in any political activity;

(ii)    Place or affix any campaign literature on city owned property;

(iii)  Solicit political funds from any member of this agency or another governmental agency of this jurisdiction;

(iv)  Solicit contributions, signatures, or other forms of support for political candidates, parties, or ballot measures on property owned by this jurisdiction;

(v)    Use official authority to interfere with any election or interfere with the political actions of other employees or the general public;

(vi)  Favor or discriminate against any person seeking employment because of political opinions or affiliations; of

(vii)   Participate in any type of political activity while in uniform.

10.  Department Equipment

a.      Department members will properly care for department property assigned to them.

b.      Members will not allow department property to be damaged as a result of neglect or carelessness.

c.       Department members will utilize department equipment only for its intended purposes and in accordance with department policies and procedures.

d.      Department members will not intentionally damage department property.

11.  Expectation of Privacy

a.      Members shall not store information or belongings with an expectation of personal privacy in such places as lockers, desks, departmentally owned vehicles, file cabinets, computers, or similar areas that are under the control and management of this law enforcement agency. While this agency recognizes the need for members to occasionally store personal items in such areas, members should be aware that these and similar places may be inspected or otherwise entered to meet operational needs, internal investigatory requirements, or for other reasons at the discretion of the Chief of Police or designee.

b.      No member of this agency shall maintain files or duplicate copies of official agency files in either manual or electronic formats at their place of residence or in other locations outside the confines of this agency without express permission.

12.  General Duty Responsibilities

a.      No member, regardless of any specialized training or assignment, shall be relieved of his/her primary police duties.

b.      Members of the department shall keep themselves informed on departmental activities as published in special bulletins, special orders, or other written memorandums or communications.

c.       Members of the department shall not mark, alter, or deface any posted departmental notice placed on bulletin boards without permission of a supervisor. No notice of a derogatory nature will be posted at any time.

d.      Members of the department shall not mar, mark, or deface any surface on the premises of any departmental building. No material shall be affixed in any way to any wall, door, or window in any departmental building without specific authorization of a supervisor.

e.      Members shall remain on-duty as assigned until properly relieved.

f.        Members shall maintain contact with the department at all times while on duty.

g.      Reading while on-duty shall be confined to such materials that relate to official police duties.

h.      While on-duty, members shall devote their entire time and energy to their official duties.

i.        All members of the department shall remain awake while on-duty, or shall report their inability to do so to a supervisor.

j.        While on-duty, members shall take appropriate action whenever necessary, and shall make a written report of such action.

k.       Members shall limit their participation in controversial matters to such action that is clearly police action.

l.        Unless otherwise directed by proper authority, members of the department shall report for duty at the time and place specified for their current job assignment. They shall be properly attired and equipped and give careful attention to orders and instructions.

m.    Members of the department shall be punctual in reporting for duty, and shall be prompt in requesting relief from duty when emergency leave is necessary.

n.      Members of the department shall do everything possible to protect the safety of all personnel, themselves included.

o.      While on-duty, members of the department shall report to the Emergency Communications Center all hazardous conditions of which they become aware (e.g. inoperative signal light, downed street sign, manhole cover missing, icy bridges or roads, etc.) and in turn will notify the proper authority to correct the problem.

p.      Members will fulfill duties and assigned responsibilities to the best of their abilities. If they are unable, they will notify their supervisor immediately.

q.      No member shall, because of their actions or inactions, bring discredit upon themselves, the department or the University of Kansas.

r.       All department members shall intervene within their scope of authority and training and immediately report to a supervisor, any incident involving a department member or member of another law enforcement agency involved in an incident of gross misconduct, incidents adversely affecting the efficiency or discipline of the KUPD, or an incident that threatens the safety of the public or members of the department. This would include, but not be limited to, incidents involving excessive force, criminal conduct, or misuse of weapons. (KLEAP 1.2.7)

13.  Misconduct Prohibited

a.      Any course of conduct that indicates a member of the department has little or no regard for their obligations as a member of the KUPD shall be deemed misconduct, and will be cause for dismissal.

b.      Repeated violations of department regulations by a member shall be deemed misconduct, and will be cause for dismissal.

c.       Members of the department having affiliation with any organization which proves detrimental to efficiency or results in divided loyalty, shall be subject to summary dismissal from the department.

d.      A member of the department shall maintain sufficient competence to enable him/her to properly perform their duties and to adequately discharge all responsibilities associated with his/her position. A member of the department shall perform their duties in an efficient manner. Incompetence and/or unsatisfactory performance in this area may be demonstrated by:

(i)      A lack of knowledge of the law they are charged with enforcing;

(ii)    An unwillingness or inability to perform assigned tasks;

(iii)  Failure to take appropriate action in response to an incident which required such a response;

(iv)  Absence without leave, which may include employees who have exhausted sick leave and/or vacation times and are carried without pay;

(v)    Repeated, poor performance appraisals; or

(vi)  A written record of repeated violations of written directives.

e.      Members of the department shall not commit a misdemeanor crime that would affect their ability to perform their duties as a member of the department, including crimes of violence, dishonesty, and substance abuse.

f.        Members of the department shall not commit any felony offense, nor shall they be involved in any criminal conspiracy.

g.      Members of the department shall not commit traffic infractions in a manner that demonstrates a total disregard for the laws of this state and the image of the department.

I.        Purpose

The purpose of this policy is to provide guidance to members and affirms the department s commitment to policing that 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 caretaker 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. (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 to the University of Kansas Police Department or directly to the Office of the Kansas Attorney General.

a.      To file a complaint directly with the Office of the Attorney General, go to their website at www.ag.ks.gov, select File a Complaint , then chose the Law Enforcement Officer for Racial or Bias-Based Policing option and complete the form.

b.      For complaints made to an employee of the KUPD, all members are charged with the responsibility for courteously and willingly receiving any and all complaints, including anonymous complaints that may be lodged against the department or an employee. Complaints may be made 24 hours a day, by phone, email, or in person.

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 31^st 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 1^st to June 30^th.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)