Bias-Based_Policing

Policy 401CSU Police Department Systemwide Policy Manual Copyright Lexipol, LLC 2025/08/10, All Rights Reserved. Published with permission by CSU Police DepartmentBias-Based Policing - 1Bias-Based Policing 401.1 PURPOSE AND SCOPE This policy provides guidance to department members that affirms the CSU Police Department's commitment to policing that is fair and objective. 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: Bias-based policing or improper profiling - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin (including limited English proficiency), 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 (Penal Code § 13519.4). This includes explicit and implicit biases (i.e., conscious and unconscious beliefs or attitudes towards certain groups). 401.2 POLICY The CSU 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 BIAS-BASED POLICING PROHIBITED Bias-based policing is strictly prohibited. In addition, all complaints of bias-based enforcement will be investigated. CSU Police sworn personnel shall comply with California Penal Code Section 13519.4(f), which states that, "a law enforcement officer shall not engage in racial profiling." However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes. 401.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT Members shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (Government Code § 8310.3). Members shall not assist federal government authorities (Government Code § 8310.3): CSU Police Department Systemwide Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2025/08/10, All Rights Reserved. Published with permission by CSU Police DepartmentBias-Based Policing - 2(a)In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity. (b)By investigating, enforcing or assisting with the investigation or enforcement of any requirement that a person register with the federal government based on religious belief, practice, or affiliation, or national origin or ethnicity. 401.4 MEMBER RESPONSIBILITIES Members of this department shall perform their 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 biased-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 OF STOPS Unless an exception applies under 11 CCR 999.227, an officer conducting a stop of a person shall collect the data elements required by Government Code § 12525.5 and 11 CCR 999.226 for every person stopped and prepare a stop data report, with the exception of 999.226(a)(23), 'Race or Ethnicity of Officer', as this provision is the subject of an injunction. When multiple officers conduct a stop, the officer with the highest level of engagement with the person shall collect the data elements and prepare the report (11 CCR 999.227). If multiple agencies are involved in a stop and the CSU Police Department is the primary agency, the CSU Police Department officer shall collect the data elements and prepare the stop data report (11 CCR 999.227). The stop data report should be completed by the end of the officer's shift or as soon as practicable (11 CCR 999.227). 401.4.3 DISCLOSURE AND DOCUMENTATION OF TRAFFIC OR PEDESTRIAN STOP An officer conducting a traffic or pedestrian stop shall state the reason for the stop prior to questioning the individual related to a criminal investigation or traffic violation unless the officer reasonably believes that withholding the reason for the stop is necessary to protect life or property from imminent threat, including but not limited to cases of terrorism or kidnapping (Vehicle Code § 2806.5). Officers shall document the reason for the stop on any citation or report (Vehicle Code § 2806.5). CSU Police Department Systemwide Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2025/08/10, All Rights Reserved. Published