Policy Prohibiting Sexual and Gender-Based Discrimination, Harassment, and Misconduct

This Policy supersedes all other student and employee policies with respect to discrimination on the basis of sex or gender identity, sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, and stalking.  In the event that a set of facts involves an allegation of misconduct covered by this Policy and conduct covered by other school policies, this Policy controls.

I. Introduction 

The Pennsylvania Academy of Fine Arts (PAFA) is committed to maintaining a safe learning and work environment that is free of sexual and gender-based discrimination and harassment, including sexual assault, sexual exploitation, domestic violence, dating violence, stalking, and related retaliation. These policies are intended to ensure compliance with Title IX of the Education Amendments of 1972 (Title IX), the Violence Against Women Act (VAWA), and related state- and federal-law. Title IX prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. VAWA, as amended, explicitly prohibits sexual assault, dating violence, domestic violence, and stalking that occurs at or adjacent to certain areas on campus.

PAFA encourages students, faculty and staff to familiarize themselves with the following procedures. We invite you to ask questions, make recommendations and do your part to ensure that all forms of sexual and gender-based discrimination and harassment, including sexual assault, sexual exploitation, domestic violence, dating violence, and stalking are eradicated from our community.

II. Policy Scope and Jurisdiction

PAFA will not tolerate any conduct prohibited by Title IX or VAWA. In addition to being prohibited by law, such conduct is contrary to the policies and values of the PAFA community. The following procedures have been adopted to receive, investigate, and resolve complaints of conduct that could violate Title IX or VAWA or related state or federal laws. These procedures are designed to provide a supportive process for individuals who report misconduct and to ensure a fair process for individuals who are accused of discriminatory or harassing conduct.

These policies apply to the conduct of all members of the PAFA community (students, faculty, and staff), regardless of sexual orientation or gender identity, as well as to conduct by third parties (i.e., individuals who are neither students nor employees, including but not limited to guests, contractors and consultants) directed toward PAFA students, faculty, or staff members, whenever the act occurs on PAFA’s campus, on non-campus property owned or controlled by PAFA, or at PAFA-sponsored events. This Policy may also apply to off-campus incidents or conduct that adversely affects PAFA’s community and/or the pursuit of its objectives.

III. Definitions

A. Prohibited Conduct

Conduct prohibited by the Policy includes:

  1. Dating Violence
  2. Domestic Violence
  3. Intimidation
  4. Retaliation
  5. Sex-Based Discrimination and Sex-Based Harassment
  6. Sexual Assault
  7. Sexual Exploitation
  8. Sexual Harassment
  9. Stalking

Definitions of the conduct prohibited by the Policy are as follows: 

1) Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim.  The existence of such a relationship will be determined based on the reporting party’s statement, taking into consideration the following factors: a) the length of the relationship, b) the type of relationship, and c) the frequency of interaction between the persons involved in the relationship.  Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.  Dating violence, for purposes of this Policy, does not include emotional abuse.

2) Domestic Violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the alleged victim, by a person with whom the alleged victim shares a child in common, by a person who is cohabitating with or who has cohabitated with the alleged victim as a spouse, by a person similarly situated to a spouse of the alleged victim under the domestic or family laws of the Commonwealth of Pennsylvania, by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the Commonwealth of Pennsylvania. 

  • a. While there is no distinct definition of “Domestic Violence” under the Pennsylvania Crimes Code, it should be noted that if a criminal complaint is made to law enforcement outside of PAFA, the following standard of probable cause will apply (this is different than the procedures which apply to on-campus disciplinary matters, as set forth later in the Policy): 
  • § 2711.  Probable cause arrests in domestic violence cases.
  •  (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony whenever he has probable cause to believe the defendant has violated section 2504 (relating to involuntary manslaughter), 2701 (relating to simple assault), 2702(a)(3), (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering another person), 2706 (relating to terroristic threats) or 2709.1 (relating to stalking) against a family or household member although the offense did not take place in the presence of the police officer. A police officer may not arrest a person pursuant to this section without first observing recent physical injury to the victim or other corroborative evidence. For the purposes of this subsection, the term "family or household member" has the meaning given that term in 23 Pa.C.S. § 6102 (relating to definitions).
  • Link:http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=27&sctn=11&subsctn=0

3) Intimidation: Any act to deter an individual from making a report of an alleged violation of this Policy by imposing fear through threats of physical or emotional harm to the Reporter or his/her associates.

4) Retaliation: Any act or attempt to retaliate against or seek retribution from any individual or group of individuals involved in the investigation and/or resolution of an allegation of misconduct under this Policy. Retaliation can take many forms, including continued abuse or violence, threats, and intimidation. Any individual or group of individuals, not just a Complainant or Respondent, can engage in retaliation.

5) Sex-Based Discrimination or Sex-Based Harassment: Behavior or action that denies or limits a person’s ability to benefit from, fully participate in educational programs or activities or employment opportunities because of a person’s sex, gender identity, or gender expression.  Sex-Based Discrimination and Sex-Based Harassment includes Sexual Harassment, which is further defined below, and non-sexual harassment based on stereotypical notions of what is female/feminine v. male/masculine or a failure to conform to those gender stereotypes. 

6) Sexual Assault: Having sexual intercourse or sexual contact with another individual by the use of threat of force or coercion, without consent, or where the individual is incapacitated. 

  • Sexual Assault is also prohibited by federal and Pennsylvania law. For purposes of this Policy, prohibited Sexual Assault includes:  Rape, Statutory Sexual Assault, Sexual Assault, Indecent Assault, Fondling, Incest as defined by the FBI’s Uniform Crime Reporting Program (available at http://www.fbi.gov/about-us/cjis/ucr/nibrs/nibrs-user-manual), or the Pennsylvania Criminal Code. Applicable definitions from the Pennsylvania Criminal Code are provided in Appendix A.
  • For purposes of this Policy, Sexual Assault also includes: Non-consensual sexual contact. Non-consensual sexual contact means any sexual touching, with any object, by a person upon another person without consent, or forcing any person touch you or themselves in a sexual manner. It is defined as engaging in any sexual contact other than intercourse with another person without that person’s consent and/or cognizance. It includes any non-consensual sexual contact, including any improper touching of intimate body parts. It also includes the non-consensual removal of another’s clothing, indecent contact (i.e., the unwanted touching of intimate body parts including, but not limited to, genitals, buttocks, groin, or breasts) or causing another to have indecent contact with those intimate body parts.
  • For purposes of this Policy, Sexual Assault also includes: Non-consensual sexual intercourse. Non-consensual sexual intercourse means any sexual intercourse (anal, oral or vaginal), with any object, by a person upon another person without that person’s consent. Non-consensual intercourse may be accomplished by expressly or implicitly forcing or coercing another person to have intercourse against that person’s will, including the use or threat of physical force, or any behavior that is designed to intimidate and induce fear in another person. Non-consensual intercourse can also occur when another person is incapable of denying or giving consent.

7) Sexual Exploitation: Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute Sexual Assault, Dating Violence, Domestic Violence, or Stalking. Examples of Sexual Exploitation include, but are not limited to: non‐consensual observation of individuals who are undressed or engaging in sexual acts; non-consensual video or audio‐taping of sexual activity; prostituting another person; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); or knowingly transmitting an STD or HIV to another.

8) Sexual Harassment: Sexual Harassment means unwelcome conduct of a sexual nature that the complainant reasonably perceives to be harassing; however, only certain Sexual Harassment violates this Policy. 

  • Sexual Harassment violates this Policy when it creates a hostile environment, as defined in Section III.A.8.b below.
  • Hostile Environment Caused by Sexual Harassment: Sexual Harassment violates this Policy when it includes unwelcome verbal or physical conduct of a sexual nature that (a) is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from an education program or creates a hostile or abusive educational environment, or (b) explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive environment. 
  • Important Notice:  Please do not wait to report conduct of concern until harassment becomes sufficiently serious (i.e., severe, pervasive, or persistent) to create a hostile environment. The Title IX Coordinator and his/her designees can take proactive steps to prevent harassment from continuing and perhaps escalating and to protect or otherwise assist the person harassed.  For example, PAFA can arrange for no-contact orders, counseling and changes in class schedules, living arrangements, class requirements, and testing schedules as needed. The Title IX Coordinator and his/her designees can also provide expertise and advice to help identify conduct that might be a warning sign of or constitute sexual harassment or hostile environment harassment prohibited by this Policy and address any concerns or complaints appropriately.

9) Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer severe emotional distress. One engages in an impermissible course of stalking conduct if one engages in two or more acts that include, but are not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person in a way prohibited as described above, or interferes with a person’s property.

  • Although the focus of this Policy is on gender-based stalking, the Policy prohibits stalking of any type.
  • Stalking is also prohibited by Pennsylvania law. The applicable definition from the Pennsylvania Criminal Code, Title 18, is provided in Appendix B.

B. Related Definitions

Related definitions for this Policy include:

  1. Complainant
  2. Consensual Relationships
  3. Consent
  4. Incapacitation
  5. Inquiry
  6. Investigation
  7. Reporter
  8. Respondent
  9. Responsible Employee
  10. Witness

Definitions are as follows: 

1) Complainant: The person(s) alleged to have been subjected to conduct in violation of this Policy.

2) Consensual Relationships: While PAFA encourages amicable relationships between supervisors and staff, it recognizes that involvement in a romantic relationship may compromise or create a perception that compromises a supervisor’s ability to perform his or her job.  Any involvement of a romantic nature between a supervisor and anyone he or she supervises, either directly or indirectly, is strongly discouraged. 

  • In order to fairly and effectively deal with situations that could arise, if an intimate, romantic, or dating relationship develops between supervisor and a subordinate, the supervisor involved in the relationship must report it to his or her supervisor and the Vice President of Human Resources. Once the relationship is reported, PAFA may attempt to modify the work relationship, through transfer within the organization or by other appropriate options. Because of the sensitivity of this type of situation, each situation will be dealt with on an individual basis with all areas of resolution considered.
  • Faculty, administrators, and staff who evaluate academic performance place themselves at risk by entering into romantic or close social relationships with students. Faculty and staff who choose to engage in such relationships should be sensitive to the constant possibility that they may unexpectedly be placed in a position of responsibility for the student’s instruction evaluation.
  • Faculty, administrators, and staff should be aware that romantic or close social involvement with any student could be subject to formal action if a complaint of inappropriate behavior is initiated. Even when both parties have consented to the development of such relationships, they can raise serious concerns about the validity of the consent, conflicts of interest, and unfair treatment of others; a faculty member, administrator, or staff member will be held accountable for unprofessional behavior.

3) Consent: Consent, for purposes of this Policy, means words or actions that show a knowing and voluntary agreement to engage in mutually agreed sexual activity. Consent is active, not passive. An affirmative statement or action does not constitute consent if it is given by a person who is unable to make a reasonable judgment concerning the nature or harmfulness of the activity because of his or her incapacitation due to intoxication, unconsciousness, mental disability, or if the consent is the product of threat or coercion.  In whatever way consent is communicated, it must be mutually understandable. Silence, in and of itself, or the absence of resistance, cannot be interpreted as consent. It is the responsibility of the initiator of sexual contact to make sure that s/he understands fully what the person with whom s/he is involved wants and does not want sexually. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. A previous relationship or consent does not imply consent to future sexual acts. And, consent can be withdrawn at any time.

4) Incapacitation: Incapacitation is the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. Incapacitation may result from the use of alcohol and/or drugs. Incapacitation is a state beyond drunkenness or intoxication. The impact of alcohol and other drugs varies from person to person; however, warning signs that a person may be approaching incapacitation may include slurred speech, vomiting, unsteady gait, odor of alcohol, combativeness, or emotional volatility. Evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects an individual’s decision-making ability; awareness of consequences; ability to make informed judgments; or capacity to appreciate the nature and the quality of the act.  Evaluating incapacitation also requires an assessment of whether a Respondent should have been aware of the Complainant’s incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the Respondent’s position.

5) Inquiry: A request from a member of the PAFA community for information about the Policy or the procedures for resolving a situation that involves conducted prohibited by this Policy.  An inquiry may also refer to an informal notification that such conduct may have occurred and/or request for information about where or how to bring a complaint. 

6) Investigation: A fact finding inquiry conducted by the Title IX Coordinator or his/her designee(s) that attempts to determine whether behavior in violation of this Policy occurred, and to make recommendations for resolution of the prohibited conduct and resulting conditions.

7) Reporter(s): An individual(s) reporting alleged conducted prohibited by this Policy. The Reporter may be the Complainant or any other third-party.

8) Respondent(s): Person or persons who are accused of violating this Policy. 

9) Responsible Employee: A PAFA employee who has the authority to redress conduct prohibited by this Policy, who has the duty to report such incidents, or who a student could reasonably believe has this authority or duty. 

  • Responsible Employees at PAFA include: All employees, including student employees acting in leadership employment roles, such as floor leaders, orientation leaders, etc.
  • When a Reporter tells a Responsible Employee about an incident of conduct prohibited by this Policy, PAFA will take immediate and appropriate steps to investigate what happened and resolve the matter promptly and equitably. 
  • A Responsible Employee must report to the Title IX Coordinator all relevant details about the alleged incident including the names of the Reporter, the Complainant (if different), the alleged Respondent(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident. (Responsible Employees may also be Campus Security Authorities, and therefore may have a concurrent duty to report this information to the Security Department for statistical purposes under the Clery Act.) 
  • A Responsible Employee must report to the Title IX Coordinator as soon as possible, but in no case within more than 48 hours after observing or receiving a report of such behavior. 
  • If the Reporter discloses an incident to a Responsible Employee, but the Reporter (or Complainant, if different) would like to remain anonymous and does not consent to the disclosure of his or her name or other identifiable information to the Respondent, or does not wish for an Investigation to proceed, see Section V.B. of this Policy for how PAFA will weigh, and respond to, that request.  

10) Witnesses: Persons who have factual information about alleged violation(s) of this Policy.

IV. Title IX Coordinator

Pursuant to Title IX, PAFA’s Title IX Coordinator is the designated agent of the PAFA with primary responsibility for coordinating Title IX compliance efforts. The Title IX Coordinator’s responsibilities are critical to the development, implementation, and monitoring of meaningful efforts to comply with Title IX and VAWA legislation, regulation, and case law.  In broad terms, the Title IX Coordinator oversees monitoring of this Policy in relation to Title IX and VAWA developments; implementation of grievance procedures, including notification, investigation and disposition of complaints; provision of educational materials and training for the campus community; conducting and/or coordinating investigations of complaints received pursuant to Title IX and VAWA; ensuring a fair and neutral process for all parties; and monitoring all other aspects of the University’s Title IX and VAWA compliance.

The Title IX Coordinator is designated to oversee and/or conduct formal investigations of violations under this Policy, and to coordinate response(s) to complaints of the same. The Title IX Coordinator may conduct the investigation himself, authorize someone with appropriate training within PAFA to do so, or retain an outside investigator with knowledge of Title IX and VAWA to do so.  Ultimate oversight, however, remains with the Title IX Coordinator to coordinate and ensure PAFA’s compliance with Title IX and VAWA.

To assure Institutional-wide compliance with this Policy and with federal and state law, the Title IX Coordinator must be advised of all reported incidents of gender-based and sexual discrimination and harassment, including, but not limited to, Sexual Assault, Dating Violence, Domestic Violence, and Stalking, and their resolution, regardless of where the complaint is brought, investigated, or resolved.

A. Identification

PAFA’s Title IX Coordinator is Anne Stassen, Dean of Students.

Anne Stassen
Dean of Students
128 N. Broad St.
Philadelphia, PA 19102
Office: (215) 972-2039
astassen@pafa.org

B. Roles of the Title IX Coordinator  

The Title IX Coordinator’s roles include, but are not limited to:

1. Notification and Education

a. Oversees the preparation and dissemination of educational materials, including brochures, posters, and web-based materials that inform members of the campus community of Title IX and VAWA rights and responsibilities;

b. Oversees training for students about their rights under Title IX and VAWA and grievance procedures; coordinates training for employees/faculty concerning this Policy.

2. Inquiry/Complaint Intake

a. Receives and processes inquiries and/or complaints from students, faculty, staff, and third parties regarding behavior in alleged violation of this Policy;

b. Refers inquiries that are not appropriate for investigation to other resources;

c. Offers and advises regarding interim measures and accommodations that may be available.

3. Investigation and Disposition

The Title IX Coordinator:

a. Notifies the Complainant(s), Respondent(s), and, if a Respondent is a PAFA employee, the supervisor of Respondent, that a complaint has been received/made;

b. Notifies PAFA’s President;

c. Investigates conduct alleged to violate this Policy;

d. Issues findings of fact and recommendations for disposition of complaints and notifies all parties regarding disposition. Recommendations may include specific corrective measures to stop, remediate, and prevent conduct prohibited by this Policy, such as training, counseling and/or discipline, when appropriate;

e. Refers any recommendation for (a) student discipline to the Dean of Students; (b) faculty discipline to the Dean of the School; and (c) for staff discipline to the staff member’s immediate supervisor or department head.

f. Notifies the Complainant(s) of his or her right to pursue remedies outside of PAFA’s grievance process; follows-up with parties regarding implementation of recommendations contained in disposition; seeks assistance from parties’ supervisors or advisors, if necessary to implement recommendations;

g. Oversees implementation of corrective measures, which may include follow-up to ensure that appropriate action was taken to complete the recommended actions;

h. Monitors compliance of all requirements and time-lines specified in the complaint/grievance procedures.

4. Institutional Monitoring and Compliance Assurance

a. Oversees training of staff responsible for implementing grievance procedures;

b. Organizes and maintains grievance files, disposition reports, and other compiled records regarding complaints of behaviors in violation of this Policy, including annual descriptive reports of number and nature of filed complaints and disposition of complaints;

c. Remains knowledgeable of current state and federal laws and regulations and trends in the field of education related to harassment and other discriminatory practices that violate Title IX or VAWA;

d. Monitors this Policy to ensure compliance with state and federal law and regulations; serves as a liaison officer to state and federal government compliance or investigation officers.

5. Advising President and Other School Officials

a. Provides ongoing consultation regarding Title IX and VAWA requirements, grievance issues, and compliance programs to the President and other school leadership;

b. Reports directly to President and assists in resolution of complex harassment and discrimination cases.

6. Annual Report to PAFA’s President.

a. The Title IX Coordinator will prepare annual reports for the campus community. No information that identifies individuals will be reported in the annual statistical reports. Annual reporting shall be made to the President and the Board of Trustees.

V. Confidentiality

A. Confidentiality v. Privacy

PAFA is committed to protecting the privacy of all individuals involved in a report of misconduct under this Policy consistent with the need for a thorough review PAFA of the allegation.  Privacy and confidentiality have distinct meanings under this Policy.

1. Privacy: Privacy generally means that information related to a report of misconduct will only be shared with a limited circle of individuals. The use of this information is limited to those individuals who “need to know” in order to assist in the active review, investigation or resolution of the report. While not bound by confidentiality, these individuals will be instructed by PAFA to be discreet and respect the privacy of all individuals involved in the process.

2. Confidentiality: Confidentiality means that information related to a report of misconduct cannot be revealed to any other individual without the permission of the Reporter or the Complainant, if different. There are no confidential reporting sources on campus, but there are such resources available to the PAFA community. Specifically:

a. Individuals who wish to seek confidential assistance may report to the off-campus licensed mental health professionals in the employee assistance program and student health services provided by Penn Behavioral Health (888-321-4433).  Such discussions are confidential (unless excepted by state law). Please note that such discussions do not serve as notice to PAFA to address the alleged conduct. 

b. Student Services can provide a list of other off-campus organizations to which inquiries may be made confidentially. 

B. Requesting Anonymity for Reports Made to a Non-Confidential Individual/Responsible Employee

When a report is made to a Responsible Employee, but the Complainant simultaneously or subsequently requests that his/her identity remain anonymous from the Respondent or that PAFA not pursue an investigation, PAFA must balance this request in the context of its responsibility to provide a safe and non-discriminatory environment for all community members. 

PAFA will take all reasonable steps to investigate and respond to the complaint consistent with the request for anonymity or request not to pursue an investigation, but its ability to investigate may be limited by the request for confidentiality. Under these circumstances, PAFA will weigh the request for confidentiality against the following factors: the seriousness of the alleged conduct, any potential threats to community safety, the respective ages and positions of the Complainant and the Respondent, whether there have been other complaints against the Respondent, and the Respondent’s right to receive information under applicable law. 

All reported details must be report to the Title IX Coordinator. The Title IX Coordinator will make the final determination on whether anonymity can be provided, and whether an Investigation must be conducted.  At all times, PAFA will seek to respect the request of the Complainant, and where it has determined that it cannot do so, PAFA will consult with the Complainant and keep him/her/them informed about the chosen course of action.

VI. Reporting Conduct Prohibited by this Policy

PAFA encourages all members of the PAFA community who believe that they have witnessed, experienced, or are aware of conduct that constitutes a violation of this Policy to report the violation, seek immediate medical attention, and take steps to preserve pertinent information and tangible materials. If you wish to speak with someone for confidential support, please see Section V.A.2.a.

A. Immediate Steps

1. Medical Attention

The Complainant is urged to be medically examined as soon as possible following an assault. Treatment for injuries, sexually transmitted infections (STI) and HIV medication are all options, in addition to a forensic exam. A forensic exam, completed by a medical practitioner, is the process through which physical evidence is collected. Physical evidence can include photo documentation of injuries, collection of fluids (blood, semen, urine, saliva) and other identifiable objects (hair, clothing with potential DNA). If evidence is to be collected, the Complainant is encouraged to not eat, drink, smoke, shower or change clothes if possible.

2. Preservation of Information and Tangible Materials

Preservation of information and tangible material is essential for both law enforcement investigations and campus disciplinary processes. Therefore, potential information and materials, including, but not limited to, clothing, drinks, glasses, bed linens, electronic communications (e.g., emails and text messages), and photographs should be preserved.

B. Reporting Sources

1. Law Enforcement

Any individual who believes that he or she has been subjected to or witness to, or are otherwise aware of, behaviors that violate this Policy is strongly urged (but not required) to report such conduct immediately to PAFA’s Security Department at (215) 972-2083 and/or the local police (911). If the Complainant so desires, the Security Department will assist him/her in contacting the local police.

2. On-Campus Reporting Sources

a. Title IX Coordinator

Individuals who believe that they have been subjected to or witnesses to, or are otherwise aware of, behaviors that violate this Policy are encouraged to seek the advice of PAFA’s Title IX Coordinator, Anne Stassen. 

Anne Stassen
Dean of Students
128 N. Broad St.
Philadelphia, PA 19102
 (215) 972-2039
astassen@pafa.org

b. President

Individuals who believe that they have been subjected to or witnesses to, or are otherwise aware of, behaviors committed by the Title IX Coordinator or other staff member of the Office of Human Resources, shall report the complaint to PAFA’s President.

David R. Brigham Ph.D.
President and Chief Executive Officer
128 N. Broad Street
Philadelphia, PA  19102-1424
(215) 972-2016
dbrigham@pafa.org

c. Responsible Employees

PAFA recognizes that a student or employee may report conduct prohibited by this Policy to PAFA employees, such as a department chair, a resident assistant, a faculty member, or any other employee. Reporters should be aware that these individuals constitute Responsible Employees, as defined in Section III.9. 

Responsible Employees have a duty to report behaviors observed, or reported to them that may violate this Policy. Responsible Employees are required to report to the Title IX Coordinator as soon as possible, but in no case within more than 48 hours after observing or receiving a report of such behavior. Responsible employees are required to report all details, including names to the Title IX Coordinator.

Individuals making reports to Responsible Employees under this Policy, and the Complainant, if different, will be contacted by the Title IX Coordinator and informed of their options for resolving the potential violation of the Policy. These options, depending on the circumstances, may include informal dispute resolution, referral to other offices or programs, formal investigation by the Office of Human Resources, and availability of resources outside PAFA’s process. Complainants will also be informed about the range of possible outcomes of the process, including interim protections, remedies for the individual harmed, and disciplinary actions that might be taken against the Respondent as a result of the report, including information about the procedures leading to such outcomes.

d. Anonymous Reporting

PAFA encourages all community members to report conduct prohibited by this Policy in order to achieve a campus environment that maximizes its community members’ academic pursuits and positive feelings of community. PAFA will respond to any information it receives, whether from an identified Reporter or anonymously.

Anonymous reports may be made by contacting PAFA’s Ethics hotline at (888) 475-8272.

An individual may report the incident to the Ethics Hotline without disclosing one’s name, identifying the Respondent, or requesting any action. However, please understand that the level of information available about the incident or the individuals involved may impact PAFA’s ability to respond or take further action.

3. Off-Campus Support Resources

The following are off-campus resources.  Inquiries regarding the level of confidentiality, if any, that each location can provide must be address with the particular resource.  These resources may also provide other advocacy, legal, or counseling assistance.

a. National Sexual Violence Resource Center http://www.nsvrc.org/
Phone: 717-909-0710 Toll Free: 877-739-3895

b. Pennsylvania Coalition Against Rape http://www.pcar.org/
Toll Free Hotline: 888-772-7227

c. Women Organized Against Rape http://www.woar.org/
Phone: 215-985-3315 Hotline: 215-985-3333

d. Domestic Abuse Hotline
Toll Free: 800-799-7233

e. Pennsylvania Coalition Against Domestic Violence http://www.pcadv.org/ Phone: 717-545-6400 Toll Free: 800-932-4632

f. Women Against Abuse http://www.womenagainstabuse.org/
Hotline: 866-723-3014

g. Family Law Unit of Philadelphia Legal Aid http://www.philalegal.org/ and http://www.philalegal.org/node/149 Phone: 215-981-3800

h. The U.S. Department of Education, Office for Civil Rights
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Telephone: 215-656-8541
Facsimile: 215-656-8605
Email: OCR.Philadelphia@ed.gov

i. Complainant/Reporter is at all times free to pursue a complaint with the Equal Employment Opportunity Commission, the Pennsylvania Civil Rights Commission, the United States Department of Education (Office for Civil Rights), the United States Department of Labor (Office of Federal Contract Compliance Programs), or by consulting an attorney at her or his own expense.

C. Related Considerations 

1. No Time Limit for Reporting

Reporters are encouraged to report conduct prohibited by this Policy as soon as possible in order to maximize PAFA’s ability to respond promptly and effectively. PAFA does not, however, limit the timeframe for reporting. If the Respondent is no longer a student or employee, PAFA may not be able to take judicial action against the Respondent, but it will still take steps to end the harassment, prevent its recurrence, and address its effects. PAFA is unlikely to be able to pursue disciplinary action against an individual who is no longer affiliated with the institution.  Under those circumstances, when appropriate, PAFA will still conduct an investigation. 

2. Coordination with Law Enforcement

PAFA encourages Complainants to pursue criminal action for violations of this Policy that may also be crimes under Pennsylvania law. PAFA will assist a Complainant in making a criminal report and will cooperate with law enforcement agencies if a Complainant decides to pursue the criminal process to the extent permitted by law. However, a Complainant may also choose not to pursue criminal action. A Complainant may seek resolution through PAFA’s process, may pursue criminal action, may choose one but not the other, or may choose both.  Neither law enforcement’s determination whether or not to prosecute a Respondent, nor the outcome of any criminal prosecution, are determinative of whether misconduct under this Policy has occurred.  Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

3. Amnesty for Students who Report Conduct Prohibited by this Policy

PAFA seeks to remove any barriers to reporting. PAFA recognizes, however, that a student who has been drinking or using drugs at the time of the incident may be hesitant to make a report because of potential consequences for his/her own conduct. A student who reports conduct in violation of this Policy will not be subject to disciplinary action by the PAFA related to the personal ingestion of alcohol or other drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. PAFA may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.

4. Statement Against Retaliation

Retaliation is a violation of this Policy. Retaliation against any Reporter or Complainant, or anyone who participates in the report or investigation process, or anyone who otherwise provides information regarding allegations of misconduct, is prohibited by this Policy and will not be tolerated. Anyone found to have engaged in Retaliation shall be subject to discipline, including potential dismissal from employment or expulsion.

5. False Reporting

No person shall make an allegation that he or she knows to be untrue or knowingly provide false information during the course of an investigation. Making a false complaint or giving false information is a violation of this Policy and may be a basis for discipline, including expulsion or termination.

VII. Interim & Remedial Measures

Should an individual come forward with a complaint of conduct that violates this Policy, PAFA will make every effort to provide interim and ongoing, remedial support to the Complainant(s), Respondent(s), Reporter(s), or Witness(es).  A Complainant(s), Respondent(s), Reporter(s), or Witness(es) may request such measures, or PAFA may choose to impose interim/remedial measures at its discretion to ensure the safety of all parties, the broader community, and/or the integrity of the investigative and/or resolution process.  Interim and remedial measures will be considered in every case, and may be instituted if the Title IX Coordinator determines such measure(s) to be necessary or if requested and reasonably available (e.g., the ability to move residences, change work schedules, alter academic schedules, withdraw from/retake a class without penalty, access academic support, obtain modification or relief regarding financial aid, obtain on-campus escort services).

All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim and remedial measure. PAFA will take immediate and responsive action to enforce a previously implemented measure.

VIII. Investigation and Resolution of Complaints under this Policy

A. Coordination

The Title IX Coordinator has primary responsibility for coordinating efforts for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace related to violations of this Policy, but he or she may coordinate with other PAFA administrators to investigate complaints and implement and monitor corrective measures.    

1. For allegations involving an employee-Respondent, the Title IX Coordinator will investigate allegations in consultation with the Respondent’s supervisor, provided the supervisor is not an alleged perpetrator.  Supervisors have a duty to monitor the Respondent’s behavior and discuss with the Title IX Coordinator appropriate disciplinary action if he or she continues to violate PAFA’s Policy including further acts of discrimination and/or acts of retaliation.

2. For allegations involving a student-Respondent, the Title IX Coordinator will investigate allegations in consultation with the Dean of Students. 

B. Initial Intake & Assessment

In every report of misconduct under this Policy, the Title IX Coordinator will:

1. Make a prompt assessment of whether the alleged behavior, if true, would constitute a Policy violation.   

2. Assuming the alleged behavior, if true, would constitute a Policy violation, the Title IX Coordinator will determine whether informal resolution is option (which will be used only with the parties’ consent) or whether formal resolution is required given the type or severity of the alleged violation. For example, mediation, a form of informal resolution, is inappropriate for allegations of Sexual Assault.

3. Assess the existence of any risk of harm to individuals or to the campus community and will take steps necessary to address those risks. These steps may include interim protective measures to provide for the safety of individuals and the campus community.  

C. Informal Resolution

PAFA encourages informal resolution options when the parties desire to resolve the situation cooperatively, or when inappropriate behavior does not rise to the level of violation of Policy as determined by the Title IX Coordinator, but nonetheless is adversely affecting the educational or workplace environment. Informal resolution may include an inquiry into the facts, but typically does not rise to the level of an investigation.

Informal resolution includes but is not limited to options such as mediation, separation of the parties, referral of the parties to counseling programs, or conducting targeted educational and training programs. Mediation, even if voluntary, may not be used in cases involving Sexual Assault.

Other potential “informal” remedies include targeted or broad-based educational programming or training, direct communication with the Respondent by the Complainant, communication with the Respondent by the Title IX Coordinator or a PAFA administrator, or other forms of restorative justice. Depending on form of remedies-based resolution used, it may be possible for a Complainant to maintain anonymity. Participation in remedies-based resolution is voluntary, and a Complainant can request to end remedies-based resolution at any time. Situations that are resolved through informal resolution are usually subject to follow-up after a period of time to assure that resolution has been implemented effectively.

Some alleged violations of this Policy may not be appropriate for informal resolution, but may require formal resolution at the discretion of the Title IX Coordinator. PAFA will not compel a complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of “informal,” or remedies-based, resolution.

Remedies-based resolution will typically be completed within thirty (30) business days.

D. Formal Resolution Process

In response to reports of misconduct under this Policy in cases where the Complainant does not wish to engage in informal resolution, where informal resolution is not appropriate, or in cases where attempts at informal resolution are unsuccessful, PAFA may engage in a formal resolution process.

In such cases, the Reporter shall be encouraged to file a written complaint. In cases where there is no written complaint, the Title IX Coordinator may initiate an investigation after making a preliminary inquiry into the facts, and will inform the person(s) who were allegedly harmed by the misconduct of the decision to initiate an investigation.  

1. Investigation Phase

a. The Title IX Coordinator is designated to oversee and/or conduct investigations of violations under this Policy, and to coordinate response(s) to complaints of the same. The Title IX Coordinator may conduct the investigation himself, authorize someone with appropriate training within PAFA to do so, or retain an outside investigator with knowledge of Title IX and VAWA to do so.

b. The Respondent shall be provided a copy of the written complaint or otherwise informed of the substance of the allegations. If the Respondent(s) cannot be located, attempts at notification shall be documented.

c. For matters involving Sexual Assault, Dating Violence, Domestic Violence, or Stalking, both the Complainant and Respondent may have an advisor of their choice at any disciplinary meeting or proceeding conducted pursuant to the formal resolution process. That advisor may include an attorney. The role of the advisor is solely to provide emotional support and guidance.  The advisor is not to actively participate in the proceedings, ask questions, interrupt, or otherwise disrupt the process. Any advisor who does so shall be removed from the process.  

d. The investigation generally shall include interviews with the parties if available, interviews with other Witnesses as needed and a review of relevant documents as appropriate. The parties shall be able to recommend others that should be interview and present evidence. Disclosure of facts to Witnesses shall be limited to what is reasonably necessary to conduct a fair and thorough investigation, and consistent with FERPA. Participants in an investigation shall be advised that maintaining privacy is essential to protect the integrity of the investigation and will be advised to refrain from discussing the pending investigation with anyone other than the investigator, Title IX Coordinator, their advisor, and, when appropriate, PAFA’s President or personal servicing as support in a professional capacity (i.e., counselor, therapist).

e. At any time during the investigation, the investigator or the Title IX Coordinator may recommend that interim protections or remedies for the Complainant, Witnesses, or the Respondent be provided by appropriate school officials. These protections or remedies may include separating the parties, placing limitations on contact between the parties, making alternative workplace or student housing arrangements, or evaluating financial aid relief.  Failure to comply with the terms of interim protections may be considered a separate violation of this Policy.

f. The investigation shall be completed as promptly as possible and in most cases within 60 working days of the date the written complaint was received. In the event that an investigation cannot be completed within 60 days, the parties shall be notified in writing.

2.Determination Phase

a. Generally, an investigation during the formal resolution process will result in a written report that, at a minimum, includes a statement of the allegations and issues, a summary of the information considered, findings of fact, a determination by the investigator as to whether this Policy has been violated, and an explanation of sanctions, if any.  

i. Determinations of Policy violations are decided under a “preponderance of the information” standard, which means the investigator must find, in light of all information made available and considered, the violation is more likely to have occurred than not.  Under this standard, one of three determinations shall be included in the investigator’s report:

(a) Responsible: It is more likely than not that the Respondent engaged in a Policy violation(s).

(b) Not Responsible: It is more likely than not that the Respondent did not engage in a Policy violation(s). A finding of Not Responsible, itself, does not indicate that the underlying complaint was improper or knowingly false.

(c) Undetermined: It is not possible, based on the information gathered, to determine whether it is more likely than not the Respondent engaged in a Policy violation(s). 

ii. For a determination of Responsible, the process will proceed to the Sanctioning Phase outlined in Section

III. D.3.  For an Outcome of Not Responsible or Undetermined, the Respondent and the Complainant will be notified in writing of the outcome and the rationale. 

b. The report also may contain recommendations for other proactive actions, including but not limited to educational programs, counseling/coaching, remedies for the Complainant, and a referral to disciplinary procedures, as appropriate.  

c. The report may be used as evidence in other related procedures, such as subsequent complaints, grievances and/or disciplinary actions.

d. Complainant and Respondent(s) may request a copy of the investigative report pursuant to PAFA policy governing privacy and access to personal information and FERPA.

e. Copies of the relevant sections of the investigative report will be provided to those school administrators, academic leaders, and supervisors who are directly responsible for implementing measures to correct and prevent discriminatory or harassing conditions.

3. Sanctioning Phase

a. Sanctions for Student Respondents will be determined by the Dean of Students in consultation with the Title IX Coordinator. Sanctions for Employee Respondents will be determined by the supervisor or department head in consultation with the Title IX Coordinator and Human Resources. The Title IX Coordinator is responsible for assessing if the sanction is suitable for the situation and will assist in eliminating future occurrences.

b. Possible Sanctions

i. Student Respondents: Sanctions imposed upon students can include a range of sanctions including, but not limited to, warning, censure, education, counseling, disciplinary probation, loss of privileges, suspension or expulsion from PAFA’s campus, and/or suspension or expulsion from PAFA’s academic programs.  

ii. Employee Respondents: Sanctions imposed on employees can include a range of sanctions including, but not limited to, warning, censure, education, counseling, disciplinary probation, paid or unpaid suspension of employment, demotion, or termination of employment.

4. Notification to Parties

PAFA will notify the Complainant and the Respondent in writing of the outcome of the formal investigation process, the rationale, and any sanctions.  The Respondent will be informed of the date by which any sanction must be satisfied, and the consequences of failure to satisfy the requirements.

IX.Understanding PAFA’s Clery Act Timely Warning Obligations

In compliance with federal law, PAFA will provide timely notice to the campus community regarding certain crimes covered by the Clery Act considered to be a serious or on-going threat to the safety of or health of students and employees which are reported to “Campus Security Authorities” as defined under the Clery Act.

A list of designated Campus Security Authorities is available at: http://www.pafa.edu/students/Safety-and-Security/1051/ (click on Annual Security Report 2014-15, page 13)

The Safety & Security Office has responsibility to provide timely warnings about reported crimes to the campus community in a manner that will aid in the prevention of similar crimes. The manner of notification depends upon the particular circumstances of the crime. PAFA will make every effort not to release personally identifying information while still providing enough detail for community members to make safety decisions in light of the danger.

X. Education and Prevention

PAFA aims to eliminate gender-based and sexual discrimination and harassment, including sexual assault, sexual exploitation, dating violence, domestic violence and stalking through education, training, clear policies, and serious consequences for violations of these policies. PAFA’s Title IX Coordinator has responsibility for ensuring compliance with the institution’s policies in this regard. 

Throughout the year PAFA will provide mandatory training and special workshops to bring awareness to our policies and what each community member can do to play their part. We encourage you to read these materials carefully and to participate in on-site events. 

Additional material and resources are available through the Student Services office. If you have questions about any of these policies you are encouraged to talk to PAFA’s Title IX Coordinator or to reach out to a member of the Student Services team. 

Appendix A

Sexual Assault under Pennsylvania Crimes Code

In addition to the definitions identified above in Section III, the following definitions are applicable to this Policy. The conduct described in each definition below is prohibited by this Policy as a form of Sexual Assault. 

Each definition is pulled directly from Title 18 of the Pennsylvania Crimes Code; the section number (e.g., § 3121, § 3122, etc.) is also pulled directly from the Pennsylvania Crimes Code.  The pertinent definitions are:

§ 3121.  Rape.

(a) Offense defined.--A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:

(1) By forcible compulsion.

(2) By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.

(3) Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.

(4) Where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.

(5) Who suffers from a mental disability which renders the complainant incapable of consent.

(c)  Rape of a child.--A person commits the offense of rape of a child, a felony of the first degree, when the person engages in sexual intercourse with a complainant who is less than 13 years of age.

(d)  Rape of a child with serious bodily injury.--A person commits the offense of rape of a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense.

Link: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=31&sctn=21&subsctn=0

§ 3122.1.  Statutory sexual assault.

 (a)  Felony of the second degree.--Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and that person is either:

(1) four years older but less than eight years older than the complainant; or

(2) eight years older but less than 11 years older than the complainant.

(b)  Felony of the first degree.--A person commits a felony of the first degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other.

Link: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=31&sctn=22&subsctn=1

§ 3123.  Involuntary deviate sexual intercourse.

 (a) Offense defined.--A person commits a felony of the first degree when the person engages in deviate sexual intercourse with a complainant:

(1) by forcible compulsion;

(2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(3) who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;

(4) where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(5)  who suffers from a mental disability which renders him or her incapable of consent; or

(6)  (Deleted by amendment).

(7) who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.

(b) Involuntary deviate sexual intercourse with a child.--A person commits involuntary deviate sexual intercourse with a child, a felony of the first degree, when the person engages in deviate sexual intercourse with a complainant who is less than 13 years of age.

(c) Involuntary deviate sexual intercourse with a child with serious bodily injury.--A person commits an offense under this section with a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.

Link: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=31&sctn=23&subsctn=0

§ 3124.1.  Sexual assault.

Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent.

Link: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=31&sctn=24&subsctn=1

§ 3125.  Aggravated indecent assault.

 (a)  Offenses defined.--Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault if:

(1)  the person does so without the complainant's consent;

(2)  the person does so by forcible compulsion;

(3)  the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(4)  the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;

(5)  the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(6)  the complainant suffers from a mental disability which renders him or her incapable of consent;

(7)  the complainant is less than 13 years of age; or

(8)  the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

(b)  Aggravated indecent assault of a child.--A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.

Link: http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.031..HTM

§ 3126.  Indecent assault.

(a)  Offense defined.--A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and:

(1) the person does so without the complainant's consent;

(2) the person does so by forcible compulsion;

(3) the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(4) the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring;

(5) the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(6) the complainant suffers from a mental disability which renders the complainant incapable of consent;

(7) the complainant is less than 13 years of age; or

(8) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

Link: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=31&sctn=26&subsctn=0

§ 4302.  Incest.

 (a)  General rule.--Except as provided under subsection (b), a person is guilty of incest, a felony of the second degree, if that person knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood.

(b) Incest of a minor.--A person is guilty of incest of a minor, a felony of the second degree, if that person knowingly marries, cohabits with or has sexual intercourse with a complainant who is an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood and:

(1) is under the age of 13 years; or

(2)  is 13 to 18 years of age and the person is four or more years older than the complainant.

(c) Relationships.--The relationships referred to in this section include blood relationships without regard to legitimacy, and relationship of parent and child by adoption.

Link: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=43&sctn=2&subsctn=0

Appendix B

Stalking under Pennsylvania Crimes Code

In addition to the definitions identified above in Section III, the following definitions are applicable to this Policy. The conduct described below is prohibited by this Policy as a form of Stalking.

This definition is pulled directly from Title 18 of the Pennsylvania Crimes Code, section 2709.1.

§ 2709.1. Stalking.

(a) Offense defined.--A person commits the crime of stalking when the person either:

(1) engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or

(2) engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.

(b) Venue.—

(1) An offense committed under this section may be deemed to have been committed at either the place at which the communication or communications were made or at the place where the communication or communications were received.

(2) Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Communicates." To convey a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission.

"Course of conduct." A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

"Emotional distress." A temporary or permanent state of mental anguish.

"Family or household member." Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.

Link: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=27&sctn=9&subsctn=1