Racial Profiling Policy
Purpose
Through its voluntary adoption of this policy, the Baylor University Police Department ("Baylor Police Department") reaffirms it's commitment to unbiased policing in all its encounters between an 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.Policy
It is the policy of the Baylor University Police Department to provide police services in a proactive manner and to aggressively investigate suspected violations of law. Officers shall actively enforce local, 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.Baylor Police officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Racial profiling is an unacceptable patrol tactic and will not be condoned.
This policy does not preclude Baylor Police 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.
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 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 are 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 assumption 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 assumption that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. |
Race or Ethnicity - Of a particular descent, including, but not limited to, Caucasian, African, Hispanic, Asian, or Native American.
Pedestrian Stop - An interaction between a Baylor Police 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 Baylor Police officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic.
Training
Baylor Police officers are responsible to adhere to all Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements.All Baylor Police officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A Baylor Police officer who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at least two years, shall complete a TCLEOSE training and education program on racial profiling not later than September 1, 2003.
The Chief of the Baylor University Police Department, as part of the initial training and continuing education for such appointment, shall attend the LEMIT program on racial profiling.
Complaint Investigation
| 1. | The Baylor Police 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 from, intimidated by or coerced into filing a complaint, nor discriminated against because he or she filed such a complaint. |
| 2. | Any employee of Baylor University who receives an allegation of racial profiling, including the Baylor Police Department officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channel. Any employee contacted shall provide to that person a copy of a complaint form or the department process for filing a complaint. Employees of Baylor Police Department will report any allegation of racial profiling to his or her superior before the end of his or her 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 of Police at the Baylor Police Department. When applicable, findings and/or suggestions for disciplinary action, retraining, or changes in policy shall be filed with the director of the Baylor Police Department. |
| 4. | If a racial profiling complaint is sustained against an officer of the Baylor Police Department, it will result in appropriate corrective and/or disciplinary action, up to and including termination. |
| 5. | If there is a Baylor Police 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. |
Public Education
The Chief of the Baylor Police Department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service or civic presentations, and the Internet. Additionally, information will be made available as appropriate in languages other than English.Citation Data Collection & Reporting
An officer is required to collect information relating to traffic stops in which a citation is issued or an arrest is made of anyone inside the vehicle. On the citation officers must include:| 1. | the violator's race or ethnicity; |
| 2. | whether a search was conducted; |
| 3. | whether or not the search was consensual; and |
| 4. | whether or not arrest was made for the cited violation or any other violation. |
By March 1 of each year, the Baylor Police Department shall submit a report to the Vice President of Finance and Administration that includes the information gathered by the citations. The report will include:
| 1. | a breakdown of citations by race or ethnicity; |
| 2. | number of citations that resulted in a search; |
| 3. | number of searches that were consensual; and |
| 4. | number of citations that resulted in custodial arrest for this cited violation or any other violation. |
The Baylor Police shall compile and analyze the information contained in these individual reports. Not later than March 1st of each year, the Baylor Police Department shall submit a report to the Vice President of Finance and Administration containing the information compiled from the preceding calendar year in a manner they approve. This report must include:
| 1. | A comparative analysis of the information contained in the individual reports in order to: a) Determine the existence, if any, of racial profiling by Baylor Police officers; and b) Examine the disposition of traffic and pedestrian stops made by Baylor Police officers including searches resulting from stops. |
| 2. | Information relating to each complaint filed with the Baylor Police Department alleging racial profiling. This report will not include identifying information about a Baylor Police Department officer who makes a stop or about an individual who is stopped or arrested by a Baylor Police officer. |
| 3. | The office manager is responsible for analyzing this data and prepares any reports required for review. |
