It is the policy of the Eastfield College Police Department to police in a proactive manner and to aggressively investigate suspected violations of law. Officers shall actively enforce 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.
Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and shall not be condoned.
This policy shall not preclude 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.
Each department shall accept written or verbal 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 written complaint, nor discriminated against because he or she filed such a complaint.
Each department shall reduce to writing any verbal complaint, as soon as practicable after receipt, and request the initiator to sign the complaint. Each department shall investigate all verbal complaints whether or not they are signed, but disciplinary action shall not be taken against any officer, if warranted, until the complaint is signed and given to a supervisor. Verbal complaints shall be investigated in the same manner as written complaints.
Any employee who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person’s name, address and telephone number, and forward the complaint to a supervisor. Any employee contacted regarding a complaint shall refer that person to a supervisor. All employees shall report any allegation of racial profiling to their superior immediately.
Investigation of a written complaint shall be conducted in a thorough and timely manner. All written complaints shall be acknowledged in writing to the initiator who shall receive disposition regarding the 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 Director and Chief of College Police or his designee. When applicable, findings and/or suggestions for disciplinary action, retraining, or changes in policy shall be referred to the departments Disciplinary Procedures General Order.
If a racial profiling complaint is sustained against an officer, it shall result in appropriate corrective and/or disciplinary action, up to and including termination.
If there is a departmental audio/video recording of the events upon which a written complaint of racial profiling is based, upon commencement of an investigation by the department into the complaint and written request of the officer made the subject of the complaint, the department shall promptly provide a copy of the recording to that officer.