Bias-Based Policing Policy

Wichita State University Police Department
Policy Manual

Bias-Based Policing

401.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Wichita State University Police Department's commitment to policing that is fair and objective (K.S.A. § 22-4606 through K.S.A. § 22-4611).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).

401.1.1 DEFINITIONS

Definitions related to this policy include (K.S.A. § 22-4609):

Enforcement action - Any law enforcement act during a nonconsensual contact with an individual in:

(a) Determining the existence of probable cause to take into custody or to arrest an individual.

(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.

Racial or bias-based policing - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement.

401.2 POLICY
The Wichita State University Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group.

401.3 RACIAL/BIAS-BASED POLICING PROHIBITED
Racial or bias-based policing is strictly prohibited.
This includes but is not limited to using the race, ethnicity, national origin, gender, or religion of a person (K.S.A. § 22-4610):

(a) As a general indicator or predictor of criminal activity.

(b) In the course of any law enforcement action unless an 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) 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) As a motivating factor in making law enforcement decisions or actions unless the person is identified or described in part by race, ethnicity, national origin, gender, or religion.

(e) As the basis for discretionary law enforcement (e.g., citation, arrest, warning, search, release, or treating a person with respect and dignity).

(f) As the basis for any decision related to asset seizure or forfeiture efforts.

401.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any bias-based actions by another member.

401.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual.

To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable.

Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting.

401.4.2 REPORTING TRAFFIC STOPS
Each time an officer makes a traffic stop, the officer shall report any information as required in the Traffic and Parking Citations Policy.

401.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy.

(a) Supervisors should discuss any issues with the involved officer and his/her supervisor
in a timely manner.

1. Supervisors should document these discussions, in the prescribed manner.

(b) Supervisors should periodically review Mobile Audio/Video (MAV) recordings, portable audio/video recordings, Mobile Computer Terminal (MCT) data and any other available resource used to document contact between officers and the public to ensure compliance with this policy.

1. Supervisors should document these periodic reviews.

2. Recordings or data that capture a potential instance of racial or bias-based policing should be appropriately retained for administrative investigation purposes.

(d) Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning racial or bias-based policing.

401.6 STATE REPORTING
The Records Section shall submit an annual report to the Attorney General on or before July 31 for the preceding period of July 1 to June 30. The report shall consist of the number of racial or other biased-based policing complaints received and additional information as required by K.S.A. § 22-4610(d).

401.7 ADMINISTRATION
The Operations Captain should review the efforts of the Department to provide fair and objective policing and submit an annual report, including public concerns and complaints, to the Chief of Police. The annual report should not contain any identifying information about any specific complaint, member of the public or officer. It should be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service.

Supervisors should review the racial or bias-based policing report submitted to the Attorney General and the annual Department report and discuss the results with those they are assigned to supervise.

This policy and the department's data collection procedures shall be available for public inspection during normal business hours (K.S.A. § 22-4610(b)).

401.7.1 COMPLAINTS OF RACIAL OR OTHER BIASED-BASED POLICING
The Department shall conduct ongoing community outreach and communication efforts to inform the public of a person’s right to file a complaint with this department and/or the Office of the Attorney General that includes the procedure for filing the complaint and the complaint process (K.S.A. § 22-4610(c)).

Any person who believes that he/she is the subject of racial or other bias-based policing may file a complaint in accordance with the Personnel Complaints Policy.

401.8 TRAINING
Annual training on racial or bias-based policing and review of this policy should be conducted as directed by the Support Captain (K.S.A. § 22-4610(c)).

401.8.1 INITIAL TRAINING
Newly hired officers shall receive training in biased policing issues, including legal aspects.