6) : 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) 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.: Consent, for purposes of this Policy, means words or actions that show a knowing and voluntary agreement to engage in mutually agreed sexual activity. 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.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. Prohibited Conduct Conduct prohibited by the Policy includes:: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim.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.
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.
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.
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.