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.
Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior.
The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision. Race, ethnicity, or national origin may be legitimate factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person's activity simply because of that individual's race, ethnicity or national origin is racial profiling.
Examples of racial profiling include but are not limited to the following:
1. Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race, ethnicity or national origin.
2. Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle.
3. Detaining an individual based upon the determination that a person of that race, ethnicity, or national origin does not belong in a specific part of town or a specific place.
Race or Ethnicity:
Of a particular descent, including Caucasian, African, Hispanic, or Native American.
An interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest.
An interaction between a peace officer and an individual who is being detained as the driver of a motor vehicle which has been stopped by the peace officer for an alleged violation of a law or ordinance regulating traffic.
Each Lone Star College System officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense, shall record and report the following information:
1. A physical description of each person detained as a result of the stop, including:
A. The person's gender
B. The person's race or ethnicity, as stated by the person or as determined by the officer to the best of his/her ability.
2. The street address or approximate location of the stop, and the suspected offense or traffic law/ordinance alleged to have been violated.
3. Whether the officer conducted a search as a result of the stop, and if so, whether the person consented to the search.
4. Whether probable cause to search existed, and if so, the fact(s) supporting the existence of that probable cause.
5. Whether any contraband was discovered in the course of the search, and if so, the type of contraband discovered.
6. Whether the officer made an arrest as a result of the stop and/or search,
and if so, a statement of the offense charged.
7. Whether the officer issued a warning or citation as a result of the stop, and if so, a statement of the offense charged.
The Executive Vice Chancellor for Education, Student, and Community Development shall submit a report to the Lone Star College System Board of Trustees containing the following information compiled from the previous calendar year:
1. A comparative analysis of the information contained in the individual reports in order to:
A. Determine the prevalence of racial profiling by officers in the Lone Star College System Police Department; and
B. Examine the disposition of traffic and pedestrian stops made by this department's officers including searches resulting from stops.
2. Information relating to each complaint filed with the Lone Star College System Police Department alleging racial profiling.
This report will not include identifying information about a peace officer who makes a stop or about an individual who is stopped or arrested by a peace officer.
1. The Lone Star College System Police Department shall accept complaints from any person who believes that 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 a complaint.
2. 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 through the appropriate channels to the District Director of Public Safety, or shall direct the individual(s) to the office of the District Director of Public Safety. Any employee shall provide to that person a copy of a complaint form or the department process for filing a complaint. All employees will report any allegation of racial profiling to their superior before the end of shift.
3. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said 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 District Director of Public Safety. When applicable, findings and/or suggestions for disciplinary action, retraining, or changes in policy shall be filed with the District Director of Public Safety.
4. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination.
5. If a departmental video or audio recording of the events is created by the officer or by any Lone Star College System employee upon which a national origin.