Racial Profiling

 I.         POLICY

Biased policing and Racial Profiling are strictly prohibited. At no time will a sworn employee rely upon an individual’s protected status in any reasonable suspicion or probable cause determination.

II.         PURPOSE

The purpose of this policy is to reaffirm the department’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 officers from unwarranted accusations of misconduct when acting within the dictates of departmental policy and the law.

III.         DEFINITIONS

A.   “Biased Policing” is defined as the application of police authority based on a protected status rather than on an individual’s behavior or on information identifying the individual as having engaged in criminal activity. 

B.    “Protected Status” includes race, ethnicity, national origin, religion, age, gender, gender identity/expression, sexual orientation, disability, or any other legally protected status.

C.    “Racial Profiling” is defined as 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.

D.   “Race or Ethnicity” is defined as a person’s particular descent, including White, Black, Hispanic or Latino, Asian or Pacifica Islander, or Alaska Native or American Indian descent.

IV.         EXAMPLES OF BIASED POLICING INCLUDE, BUT ARE NOT LIMITED TO:

A.   Initiating a traffic stop on a particular vehicle because of the protected status of the driver or of a passenger in a vehicle.

B.    Stopping or detaining the driver of a vehicle or passenger in a vehicle based on the determination that a person or that protected status is unlikely to own or possess that specific make or model of vehicle.

C.    Stopping or detaining an individual based upon the determination that a person of that protected status is unlikely to be in that place or part of town.

D.   Stopping a driver when looking for a suspect if the only commonality between the suspect and the driver or a passenger is their protected status.

E.    Singling out an individual for enforcement who is part of a group of individuals exhibiting similar behavior (for example, a group of drivers exceeding the speed limit) because of the individual’s protected status.

F.    The unlawful seizure and/or forfeiture of a person's assets based on protected status. 

V.         BIASED POLICING AND RACIAL PROFILING COMPLAINTS AND INVESTIGATIONS

 A.   The 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, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint.

B.    If an officer initiating a stop receives an allegation of racial profiling, the officer shall provide their name and ID number to the individual with information on how to contact a supervisor. Any employee contacted shall provide to that person information on the department's process for filing a complaint. All employees will report any allegation of racial profiling to their supervisor before the end of their shift.

1.     Officers shall provide information, including telephone number, mailing address, and email address for contacting Internal Affairs to any individual who inquires about reporting an incident perceived to be racially motivated, or who wishes to generate a compliment.

2.     Any supervisor/manager receiving a racial profiling complaint shall notify the Chief of Police in a timely manner of the complaint and the action taken.

3.     Supervisors shall monitor the adherence to the policies of the Duncanville ISD Police Department by all employees under their command and shall initiate an investigation into all alleged violations established under these policies.

C.    All complaints will be acknowledged in writing to the complainant who will receive information regarding the disposition of such complaint within a reasonable period of time. The investigation shall be reduced to writing and any reviewer’s comments or conclusions shall be sent through the chain of command to the Chief of Police or designee. When applicable, findings and/or recommendations for disciplinary action, retraining, or changes in policy shall be part of the recommendation to the Chief of Police or designee.

D.   Allegations of misconduct and disciplinary action shall follow the procedures as outlined in the policy manual of the Duncanville ISD Police Department. Officers shall be subject to disciplinary action up to and including indefinite suspension for engaging in racial profiling.

E.    If there is a departmental video or audio recording of the events upon which a complaint of racial profiling is based, upon commencement of an investigation 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.

VI.         TRAINING

A.   All officers will receive formal, yearly, documented training in biased policing policy, procedures, or legal aspects.

B.    Training will be included in basic and in-service classes for all sworn personnel and will include examples of biased policing.

VII.         REPORTING OF RACIAL PROFILING MOTOR VEHICLE STOP DATA

A.   Any officer conducting a traffic stop shall collect information required by Articles 2.132 and 2.133 of the Texas Code of Criminal Procedure.

B.    During all motor vehicle stops (regardless if a citation is issued or not), officers are required to record and report the following information:

1.     The gender of the individual stopped

2.     The race or ethnicity of the individual

3.     If the race or ethnicity was known prior to the stop

4.     A reason for the stop

5.     Location of the stop

6.     If a search was conducted

7.     The reason for the search

8.     If any contraband was discovered

9.     Description of discovered contraband

10.  Result of the stop

11.  If there was an arrest, what the arrest was based on

12.  If any physical force resulting in bodily injury was used

Officers shall ensure all data is gathered from every motor vehicle stop and submitted prior to the end of their shift. Supervisors shall ensure officers comply with this order.

C.    In accordance with Article 2.134 of the Texas Code of Criminal Procedure, the information collected will be compiled, analyzed, and submitted to the governing body of the Duncanville Independent School District and the Texas Commission on Law Enforcement no later than March 1 of each year.

D.   An annual administrative review of biased policing complaints, and their disposition, will be to the Chief of Police no later than March 1 of each year.

E.    Supervisors have the responsibility of monitoring the activities of subordinates to ensure that neither biased policing nor racial profiling are being practiced. Supervisors will take immediate corrective action if these practices are observed and will document the infraction accordingly.

VIII.         PUBLIC EDUCATION

 A.   The police department will inform the public of its guidelines against racial profiling and the compliment and complaint process. Methods that may be utilized to inform the public of the process are news media, radio, service or civic presentations, the Internet, as well as city council and committee meetings. With respect to each citation issued by an officer, the telephone number, mailing address, and email address for Internal Affairs shall be provided either on the citation or by other methods directed by the department (i.e. verbally, business cards, flyers, stickers, etc). Additionally, information will be made available as appropriate in languages other than English.