The University of Texas System Police
The University of Texas of the Permian Basin
Standard Operating Procedure
|Procedure Number: 100-18a ||Effective Date: 1 December 2002 ||Page 1 of 4 |
|Title: Illegal Profiling |
|Supersedes: 100-18 ||Dated: 9/1/2001 ||Review Date: |
|Reference: Bill #TX77RRSB 1074, Code of Criminal Procedure, Chapter 2, Articles 2.131 – 2.136 |
| || || || || |
Race, ethnicity, religion, gender, or sexual orientation of an individual shall not be a factor in determining the existence of probable cause to take into custody or to arrest an individual or in 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 motor vehicle or pedestrian.
Illegal profiling - A law enforcement initiated action based on an individual's race, ethnicity, national origin, religion, gender or sexual orientation rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.
Illegal profiling does not include the reliance on race or ethnicity in combination with other identifying factors when an officer is attempting to apprehend a specific subject whose race or ethnicity are part of the description of the suspect.
A. No employee shall engage in illegal profiling.
B. The race, ethnicity, religion, gender, or sexual orientation of an individual shall not be a factor in determining the existence of probable cause to take into custody or to arrest an individual, or reasonable suspicion to justify the investigatory detention of an individual.
C. All investigatory stops of a motor vehicle or pedestrian, and all consents to search, will be documented on in-car videotapes, per Code of Criminal Procedure Article 2.132.
D. In-car videotapes will be maintained by the UTPB Police Department for a minimum of ninety (90) days and will be periodically reviewed by supervisory personnel per the Code of Criminal Procedure, Article 2.132.
E. All complaints related to illegal profiling will be handled per the UT System Police Policies and Procedures, II – 74 - 4. Corrective action including, but not limited to, training, counseling, verbal warning, written warning, written reprimand, suspension, demotion, and/or termination will be taken against an employee who, after investigation, is shown to have engaged in illegal profiling in violation of this Standard Operating Procedure.
F. The following information will be collected for all traffic stops during which a citation is issued or an arrest results:
- Race or ethnicity of the individual detained;
- university status of the individual (faculty, staff, student, or non-student) and
- whether a search was conducted and, if so, whether the person detained consented to the search.
- Prior to March 1st of each year, a report detailing this information for the previous calendar year shall be presented to the Vice President for Business Affairs with a recommendation that said report should be passed on to the President of the University.
- Public education regarding the process by which citizens may make complaints to the UTPB Police Department regarding illegal profiling as well as any other violation of law or policy shall be accomplished by news releases as deemed necessary by the Chief of Police, and by the posting of this General Order on the Department's website.