STANDARD OPERATING PROCEDURE SOP #005 PROHIBITION OF DISCRIMINATORY CONDUCT AND BIASED PROFILING

Question 1

PURPOSE

Answer 1

To establish a Department prohibition regarding discriminatory conduct,
unlawful harassment and biased profiling in all actions by its employees,
to include but not be limited to traffic contacts, field contacts, asset
forfeiture efforts, investigative interviews and in the workplace; to reaffirm
the Department’s commitment to unbiased policing and to reinforce
procedures that serve to assure the community that the Department is
providing service and enforcing laws in a fair, equitable and impartial
manner.

Question 2

BIASED PROFILING

Answer 2

The selection of individuals based in whole or in part on a
common trait of a group without actionable intelligence to support consideration of that
trait. This includes but is not limited to race, sex, color, age, religion, sexual orientation,
gender orientation, national origin, ethnic background, cultural group, economic status,
otherwise qualified individuals with disabilities, any other legally protected status or any
other identifiable characteristic when deciding with whom and/or how to interact during
the exercise of law enforcement authority

Question 3

DISCRIMINATORY CONDUCT

Answer 3

Discriminatory conduct, sexual harassment or
unlawful harassment is any physical or verbal conduct or written communications based
on but not limited to race, sex, color, age, religion, sexual orientation, gender
orientation, national origin, ethnic background, cultural group, economic status,
otherwise qualified individuals with disabilities, any other legally protected status or any
other identifiable group which could reasonably be expected to be offensive, degrading,
threatening, intimidating or that otherwise interferes with another person’s lawful
actions.

Question 4

EXPLICIT BIAS

Answer 4

The attitudes and beliefs held about a person or group on a conscious
level that occur as the result of deliberate thought

Question 5

IMPLICIT BIAS

Answer 5

The attitudes or stereotypes that affect an individual’s understanding,
actions, and decisions in an unconscious manner

Question 6

STEREOTYPES

Answer 6

A fixed, over generalized, unfair and untrue belief about a particular
group or class of people

Question 7

Prevention of Biased Profiling

All investigative detentions, traffic stops, arrests, searches and seizures/forfeitures of property by officers will be based on a standard of suspicion or probable cause as required by the _____ and statutory authority.

Answer 7

Fourth Amendment of the U.S. Constitution

Question 8

Officers must
be able to _____ specific facts, circumstances and conclusions that support probable cause or reasonable suspicion for an arrest, traffic stop, investigative detention or other police action.

Answer 8

articulate

Question 9

Only when there is ____, reliable, relevant information or credible intelligence may an officer take into account the reported race, sex, color,
age, religion, sexual orientation, gender orientation, national origin, ethnic
background, cultural group, economic status, otherwise qualified individuals with disabilities, any other legally protected status or any other
identifiable characteristic in establishing either reasonable suspicion or probable cause that a specific suspect or suspects committed an offense

Answer 9

credible

Question 10

The information or intelligence must link a specific suspect or suspects to a particular ____ incident or link a specific series of crimes in an area to specific suspect or suspects

Answer 10

criminal

Question 11

Preventing Misperceptions of Biased Profiling

In an effort to prevent inappropriate perceptions of biased profiling,
employees will utilize the following strategies while interacting with
individuals and when conducting pedestrian and vehicle stops:

Answer 11

1. Employees will be courteous, polite and professional;
2. Officers will provide their name and explain to the citizen the reason
   for a stop as soon as practical, unless providing this information will
   compromise the safety of officers or other persons;
3. Officers will ensure that the length of the detention is no longer than
   necessary to take appropriate action for the known or suspected
   offense;
4. At the first reasonable opportunity, officers will answer any
   questions the citizen may have, including explaining options for the
   disposition of the traffic citation, if relevant.
5. Employees will provide their name when requested

Question 12

All employees will report instances of perceived biased profiling to their ______. In the event the employee’s immediate supervisor is perceived to have engaged in biased profiling, the employee will report his/her perception to the next highest level in the chain of command.

Answer 12

immediate supervisor

Question 13

This SOP does not prohibit any employee from accurately reporting, documenting or testifying to any conduct or communication in violation of this SOP. If the offending party is in the chain of command of the employee, then the
employee must report violations of this SOP to the next level above the offender
in the chain command or directly to the ______.

Answer 13

Director of Human Resources.

Question 14

Biased profiling training, to include legal aspects and legal updates, cultural diversity and how bias and prejudice affect decision making will be given to all new employees upon hire and to all Department personnel through in-service
training _____.

Answer 14

biennially