Bias Based Policing
SU Policy Number: 404-300.0
ORIGINATING OFFICE
Department of Public Safety
PURPOSE
The purpose of this policy is to prohibit the practice of racial and other biased-based policing by members of the Shippensburg University Department of Public Safety (the Department or SUPD) and to affirm the Department’s commitment to providing unbiased law enforcement services and ensuring the constitutional protections of the citizens we serve.
SCOPE
Law enforcement officers have a duty and authority to investigate suspicious activities that may be associated with the violation of criminal and motor vehicle laws. This duty does not include stereotyping, but is limited to reasonable articulable factors which would likely lead any knowledgeable, reasonable officer to the same conclusion, i.e., that a violation is occurring or has occurred.
DEFINITIONS
BIASED BASED PROFILING - The arrest, detention, interdiction, or other disparate treatment of an individual on the basis of the race, ethnic background, age, gender, sexual orientation, religion, economic status, cultural group or other identifiable group of such individual, rather than upon individualized suspicion based upon articulable facts.
REASONABLE SUSPICION-refers to a standard by which police officers are judged to have authority to briefly detain a person. Reasonable suspicion is a less strict standard then probable cause, but has very limited applications.
IMPARTIAL POLICING-investigative detentions, pedestrian and vehicle stops, arrests, searches and property seizures by peace officers will be based on a standard of reasonable suspicion or probable cause in accordance with the Fourth Amendment of the United States Constitution. Peace officers must be able to articulate specific facts, circumstances and conclusions that support reasonable suspicion or probably cause for investigative detentions, pedestrian and vehicle stops, arrests, nonconsensual searches and property seizures.
INVESTIGATIVE STOP/DETENTION-An investigative detention is a forcible seizure, governed by the "reasonableness" standard of the Fourth Amendment. The level of force used to effect an investigative stop must be tailored to the facts and circumstances confronting law enforcement officers at the time the seizure occurs.
FIELD CONTACT-Any encounter in which a citizen comes into contact with police.
POLICY
The Department recognizes the legitimacy of criminal profiling. However, the selection of persons for police detention based solely on common traits of a group is unacceptable, illegal, and the Department will not tolerate such actions. Officers will have reasonable suspicion supported by specific articulable facts that any person detained has been, is, or is about to commit a violation of law or currently presents a threat to his safety or the safety of others. All enforcement actions will be based on reasonable suspicion or probable cause as required by statutes and the 4th Amendment of the U.S. Constitution. The Department will conduct investigations without regard to race, ethnicity, age, gender, sexual orientation, religion, economic status or cultural group. The Department is committed to impartial policing.
PROCEDURES
General
1. Members of the Department will not engage in Bias Based Profiling. Members will not consider the common traits of a group to establish reasonable suspicion nor probable cause EXCEPT when the reported trait of specific suspects, based on credible, reliable, and current information, links a person to a specific crime or quasi-criminal incident based on a credible report.
2. Members will clearly articulate the specific police or public safety purpose of any stop/detention whenever they submit a report.
3. Persons will not be singled out or otherwise treated differently because of their race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group or other identifiable groups, or other potentially improper criteria.
4. The detention of any individual that is not based on factors related to a violation of law, city ordinances, or any combination thereof, is prohibited. Asset forfeiture and forfeiture efforts will also be based upon the law and will not be motivated by bias based profiling.
5. Officers will, as necessary and professionally appropriate, use techniques and strategies to advance the reality of impartial policing. These techniques and strategies include, but are not limited to: a) Being courteous, polite, and professional.
b) Providing their names and Department information and explaining reasons for the stops as soon as practical unless doing so compromises the safety of officers, others, or would compromise a police investigation.
c) Ensuring the lengths of traffic stops, investigative detentions, field contacts, etc., are no longer than necessary to undertake appropriate actions.
d) Answering questions citizens may have, including any options for dispositions of related enforcement actions.
e) Explaining the credible, reliable, or locally relevant information that lead to stops or contacts when no enforcement actions were taken.
f) Requesting the presence of a supervisor to allow citizens to voice their field contact or enforcement related concerns.
g) Explaining the University's complaint process.
6. Nothing in this policy should be construed to alter the authority of a law enforcement officer to make an arrest, conduct a search or seizure, or otherwise fulfill the officer's law enforcement obligations.
Training
1. Newly sworn members will receive training in the area of bias based profiling and discrimination during their initial training.
2. Officers will receive periodic training in subjects that promote and encourage impartial policing. Applicable training subjects may include, but are not limited to laws of arrest, officer safety, courtesy, cultural diversity, search and seizure, asset seizure and forfeiture, interview techniques, interpersonal communication skills, and constitutional and case law.
3. Additional diversity and sensitivity training for members with sustained bias based profiling or other sustained discrimination complaints filed against them if warranted.
Duties of Employees
1. Any employee who believes there is, or is made aware of any violation of this Order, will immediately report the violation to a supervisor.
2. Violations of this policy, or portions thereof, will result in remedial training and/or disciplinary action as set forth in the Department’s applicable general orders.
3. Each supervisor will be responsible for continually monitoring and examining all members under their direct supervision to ensure that members’ actions and activities adhere to this policy and to discover any indications of bias based profiling or discriminatory practices. Supervisors shall take appropriate action, including but not limited to coaching and discipline, to assure compliance with this policy and related state and federal statutes.
Complaints of Racial or other Biased-Based Policing
All complaints of bias based profiling or discriminatory practices will be investigated by the Chief of Police in accordance with the procedures established by the Department.
Administrative Review
1. Annually in the first quarter of the annual year the Assistant Director of Police Operations or his designee, will conduct a review of agency activities in regard to bias based profiling, which includes the following:
2. A listing of any complaints and their status;
a) An explanation of any remedial action taken;
b) Recommendations for training needs;
c) A listing of any citizen complaints; and
d) Recommendations for policy changes.
3. This review may be in conjunction with the universities annual statistical summary of internal investigations.
4. If there are any indicators/suspicions of biased based profiling by a member of the agency, the Assistant Director of Police Operations will consult with the officer’s supervisor to develop a plan of action for remedial action/correction if warranted.
RECISSION
APPROVALS
Executive Management Team; 2/26/2020
FILENAME:
404-300.0 Bias Based Policing
DATE:
2/26/2020
DISTRIBUTION:
Public