University of South Alabama Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking Policy I.
II.
Statement of Policy The University of South Alabama is committed to establishing and maintaining an environment in which students, faculty, staff, and guests are free from sexual harassment, including sexual violence, sexual assault, domestic violence, dating violence and stalking. ​
Sexual harassment is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of​
1964 and Title IX of the of the Educational Amendments of 1972, as well as the University’s Nondiscrimination Policy. Sex discrimination, consequently, encompasses both sexual harassment and sexual violence​
, which seriously undermine the atmosphere of trust and respect that is essential to a healthy work and academic environment and will not be tolerated by the University. All members of the University community (including faculty, staff, students, and visitors) must abide by this policy. University jurisdiction and discipline attaches to conduct which occurs on University premises, or at University related or sponsored activities, whether on or off of University premises, or which adversely affects the University community and the pursuit of the objectives of the University. Persons found to be in violation of this policy will be subject to disciplinary actions by the University – including, but not limited to – warning/reprimand, demotion, transfer, suspension, expulsion, dismissal, or termination. Under certain circumstances, moreover, acts of sexual harassment and sexual violence may result in criminal and/or civil sanctions. All members of the University community are expected, and in some cases required, to report incidents of sexual harassment or sexual violence. Definitions A. Sexual Harassment The term “sexual harassment” includes, but is not limited to, verbal or non­verbal conduct that a reasonable person would find intimidating, demeaning, hostile, or offensive with an inappropriate focus on sex, sexual history, individual gender­based characteristics, or sexual orientation; unwelcome verbal or physical advances; attempts to subject a person to unwanted sexual attention or to coerce a person into sexual relations; and/or retaliation for a refusal to comply with sexual demands. 1
Said conduct must be unwelcome and must be so severe and pervasive that it has the purpose or effect of interfering with an individual’s educational experience or creating an intimidating, hostile, or offensive learning environment. Sexual harassment is a form of sex discrimination. Examples of sexual harassment include, but are not limited to: ● Sexually degrading words or gestures used to describe an individual; ● Unnecessary touching, patting, pinching, or brushing of another’s body or clothing; ● Repeated offensive sexual flirtation, leering, or ogling; ● Stalking; telephone (including texting), computer/digital harassment (including use of social media); or any other unsolicited, unwanted methods of communications; ● Display of sexually demeaning objects, pictures, or cartoons in hallways, outdoor areas, offices, and rooms publicly accessible to members of the University community; ● Direct or implied threats or insinuations that an individual’s refusal to submit to sexual advances will affect adversely the individual’s status, evaluation, wages, advancement, duties, or career development. Evaluative Factors for Sexual Harassment Allegations Conduct alleged to be sexual harassment that does not involve violence will be evaluated by considering the totality of the circumstances including, but not limited to, the nature, frequency, intensity, and duration of the questioned behavior. Unwelcomed conduct of a sexual nature can form the basis of a sexual harassment claim if a reasonable person, similarly situated, would consider it so unreasonable, severe, or pervasive as to interfere with academic, educational, or employment performance or participation in a University program or activity or residential environment. B. Sexual Assault, Domestic Violence, Dating Violence and Stalking (These definitions overlap with Alabama criminal statutes in some cases and provide greater protection in other instances. The Alabama Criminal statutes may be found in Appendix A.) Sexual Assault, Domestic Violence, Dating Violence and Stalking Sexual Assault, Domestic Violence, Dating Violence and Stalking are forms of Sexual or Gender­based Harassment​
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that involve having or attempting to have 2
Sexual Contact with another individual without Consent. i.
Sexual Assault:​
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offenses classified as a forcible or non­forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. a. Forcible​
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is defined as any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will when the victim is incapable of giving consent. All forcible sex offenses must be committed under the following circumstances: ● Forcibly and/or against that person’s will ● Not forcibly or against the person’s will where the victim is incapable of giving consent because: o Of his/her temporary or permanent mental incapacity o Of his/her temporary or permanent physical incapacity o Of his/her youth. Sexual acts which fall under this classification are: Forcible Rape: ​
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the carnal knowledge of a person under any of the above circumstances. Forcible Sodomy:​
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oral or anal sexual intercourse with another person under any of the above circumstances Sexual Assault with an Object: ​
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the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person under any of the above circumstances. Forcible Fondling: ​
the touching of the private body parts of another ​
person for the purpose of sexual gratification under any of the above circumstances b. Non­forcible ​
is defined as unlawful, non­forcible sexual intercourse. ​
There are only two types of Non­forcible Sex Offenses: Incest: ​
non­forcible sexual intercourse between persons who are related ​
to each other within the degrees wherein marriage is prohibited by law. Statutory Rape​
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non­forcible sexual intercourse with a person who is under the statutory age of consent. The victim is over 12 and under 16 3
years of age; however, the perpetrator must be at least two years older. ii.
iii.
iv.
Domestic Violence ​
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any felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies or 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 jurisdiction. Dating Violence​
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violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: ● The length of the relationship ● The type of relationship ● The frequency of interaction between the persons involved in the relationship Stalking​
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a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of others, or suffer substantial emotional distress. Note: For the purposes of this definition: ●
Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or other means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. ●
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. ●
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. ●
Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. C. Consent While current state law does not define consent, it does define a lack of consent. 4
Under state law a lack of consent exists under any of the following circumstances: ●
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Forcible Compulsion – physical force was used to overcome resistance or the victim was placed in fear of immediate death or serious physical injury Incapacity to consent. This means that the victim is one of the following: ● Physically helpless, generally unconscious or unable to communicate ● Mentally incapacitated as the result of a narcotic or intoxicating substance which was administered without their consent (covers Date Rape Drugs) ● Mentally defective, namely, the person suffers from a mental defect or disease ● Less than 16 years old III.
Non Retaliation The university is firmly committed to a policy that encourages timely disclosure of sexual misconduct. It is unlawful and against University policy to retaliate against or punish an individual for his/her undertaking the legal activity of making a good faith report of sexual misconduct or participating in the investigation of such a report. Retaliation includes any action by an individual or a group that would discourage a reasonable person from such protected activities, including but not limited to suspension or discharge from an educational opportunity or employment. IV.
Confidentiality Provisions V.
The University will do everything consistent with the enforcement of this policy to protect the privacy of the individuals involved and to ensure that the complainant and the accused are treated fairly. Information about individual complaints and their disposition is considered confidential and will be shared only as determined​
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to be appropriate in the University’s discretion. To the extent possible, the confidentiality of all parties involved in a complaint investigation and proceedings under this section will be observed, provided it does not interfere with the University’s ability to investigate the allegations, take corrective action, or comply with federal, state or local laws. Consequently, the University cannot ensure confidentiality but will evaluate any request for confidentiality in the context of its responsibility to provide a safe and nondiscriminatory environment for all members of the University community. Academic Freedom, the First Amendment, and Sexual Harassment 5
In cases of alleged sexual harassment, the protections of the First Amendment must be considered if issues of free speech are involved. Free speech rights apply in the classroom and in all other educational programs and activities of public institutions, and First Amendment rights apply to the speech of students and teachers. Speech or conduct of a sexual or hostile nature which occurs in the context of educational instruction may exceed the protections of academic freedom and constitute prohibited sexual harassment if it meets the definition of sexual harassment as noted above and (1) is reasonably regarded as non­professorial (i.e., advances a personal interest of the faculty member as opposed to furthering the learning process or legitimate objective of the course), or (2) lacks pedagogical purpose or is not germane to the academic subject matter. VI.
Responding to Sexual Harassment and Sexual Violence A. The University strongly encourages any victim of sexual harassment or sexual violence to report the event. Reporting is the only way that action can be taken against the alleged perpetrator or that the University community can be protected from future incidents of that nature. If sexual harassment or sexual violence occurs, the complainant/victim should take the following actions, as applicable: a. Go to a safe place as soon as possible. b. Try to preserve all physical evidence of any incidence of sexual violence—avoid bathing, using the toilet, rinsing one’s mouth or changing clothes. If it is necessary, put all clothing that was worn at the time of the incident in a paper bag, not a plastic one. c. Contact University police by calling 511 if the incident occurred on campus or the local police by calling 911 if the incident occurred off campus. d. Get medical attention ­ all medical injuries are not immediately apparent. This is also necessary to collect evidence in case the victim decides to press charges. USA Medical Center Emergency Room and USA Children’s & Women’s Hospital have the evidence collection kits necessary for criminal prosecution if that option is selected. e. Contact someone the victim trusts such as a friend, family member, or Resident Advisor for support. f. Call the Assault Hotline at (251) 460­7151, 24 hours a day, seven days a week. A certified Victim’s Advocate will contact the victim to offer assistance to make recovery as smooth as possible. 6
g. Talk with a counselor who will help explain options, give information, and provide emotional support. h. Contact the appropriate campus official to make a report. i. Explore University complaint/grievance procedures and legal avenues for either criminal or civil action. VII.
Reporting Incidents of Sexual Harassment or Sexual Violence A. It is the complainant/victim’s choice as to whether he/she will personally contact the Title IX Coordinator and/or the University Police. B. If a report of sexual harassment or sexual violence is received by anyone in the University Community, that individual should refer the complainant/victim to, as well as make personal contact with, the appropriate Deputy Title IX Coordinator and the University Police. C. Victims of sexual harassment or sexual violence will have their reports of such events taken seriously and will be treated non­judgmentally and with dignity and respect. D. University complaint/grievance procedures will proceed pursuant to University policy, as applicable. The University will use the preponderance of the evidence standard to determine violations. E. The University will take the steps necessary to prevent the recurrence of the sexual harassment or sexual violence and correct its effects. Action may be taken in order to prevent unnecessary or unwanted contact or proximity of the complainant with the accused when reasonably possible. F. Reporting Options Reports of sexual misconduct, including sexual assault, domestic violence, dating violence and stalking may be made to: Title IX Coordinator Duties and Responsibilities: The Title IX Coordinator oversees monitoring of University policy in relation to Title IX law 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 7
pursuant to Title IX; ensuring a fair and neutral process for all parties; and monitoring all other aspects of the University's Title IX compliance related to sexual harassment and sexual violence. See more at: http://www.southalabama.edu/departments/studentaffairs/titlenine/index.html#sth
ash.XjwrfjEc.dpuf Dr. Krista Harrell​
Associate Dean of Students Student Center, Room 116 Mobile, AL 36688 251­460­6452 kristaharrell@southalabama.edu Title IX Deputy Coordinators Duties and Responsibilities: Deputy Coordinators are responsible for Title IX training and education, as well as administration of the complaint/grievance procedures for all Title IX complaints against individuals in their respective areas. Coordinators will also be responsible for facilitating the referral of complaints with the appropriate office. For students (except College of Medicine students): Dr. Michael Mitchell, Vice President and Dean of Students Student Center, Room 245 251­460­6172 mmitchell@southalabama.edu For College of Medicine students: Dr. Kelly P. Roveda, Assistant Professor of Pathology Department of Pathology, USAMC 251­471­7790 kroveda@health.southalabama.edu For Academic Affairs Faculty: Dr. Charles Guest, Associate Vice President for Academic Affairs AD 300 251­460­6261 cguest@southalabama.edu For College of Nursing students: Dr. Heather R. Hall, Associate Dean for Academic Affairs 8
HAHN 3068 251­445­9483 heatherhall@southalabama.edu For College of Medicine Faculty: Dr. Samuel Strada, Dean, College of Medicine​
251­460­4061 sstrada@southalabama.edu For Staff, Administrators, Coaches, Resident Physicians, Patients, Visitors, and Post Docs: Paula Buerger, Manager EEO TRP Building III Suite 2200 251­460­6641 pbuerger@southalabama.edu Gender Equity in Athletics: Jinni Frisbey, Associate Athletic Director Mitchell Center 1209 251­445­9551 jfrisbey@southalabama.edu *In the event a conflict of interest arises with any of the above named coordinators, the subject case will be managed by that coordinator’s supervisor or another individual designated by the Title IX coordinator. Questions or complaints may also be addressed to: Office for Civil Rights, Atlanta Office U.S. Department of Education 61 Forsyth Street S.W., Suite 19T10 Atlanta, GA 30303­8927 Telephone: (404) 974­9406 Facsimile: (404) 974­9471 Email: OCR.Atlanta@ed.gov Additional Resources Sexual Harassment and Sexual Violence To file a complaint of sexual harassment or sexual violence, one may contact one of the offices above, or also contact: 9
USA Police Department University of South Alabama Police Department 290 Stadium Blvd. Beta Gamma Commons Mobile, Alabama 36688­0001 Phone: (251)460­6312 police@southalabama.edu Patrol Office Phone: (251) 460­6312 24Hrs On Campus Emergency: 511 Tips Line: (251) 460­6667 Violence Prevention Alliance The VPA is a volunteer­based committee that promotes efforts to prevent the victimization of USA students, faculty, staff and community members. The mission of the Violence Prevention Alliance is to create and sustain a collaborative, comprehensive community effort in reducing and eliminating violence and sexual victimization and harassment. The VPA identifies appropriate interventions aimed at reducing violence, provides educational programs that address sexual and intimate partner violence and provides a coordinated campus response and support to victims of violence. VPA Contact: Dr. Krista Harrell Email: ​
kristaharrell@southalabama.edu Victim’s Advocate Program The Victim’s Advocate Program is an important part of the University’s efforts to provide support for student assault victims. The VAP enhances a victim’s recovery and assists in returning them back to their pre­crisis state by serving as a linkage to University and community resources. The VAP provides emotional support and assistance concerning counseling, alternate housing assignments, academic alternatives, medical treatment, disciplinary process and court proceedings. The advocates are University personnel who are formally trained by the Mobile Rape Crisis Center and agree to assist students in their time of need. Victim’s Advocate Program Coordinator FeAunte’ Preyear fpreyear@southalabama.edu (251) 460­6353 Answering Service 251­341­9884 or Student Health Center 251­460­7151 10
Campus Professional or Pastoral Counselors Under Federal guidelines campus “Pastoral Counselors” and campus “Professional Counselors” when acting as such, are not considered to be campus security authorities and are not required to report crimes for inclusion in the annual disclosure of crime statistics. As a matter of practice, they are encouraged, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis. Listed below are campus counselors: Counseling and Testing Services University of South Alabama 326 Alpha East Hall Mobile, Alabama 36688­0001 Phone: (251)460­7051 Robert B. Hanks, Ed.D., LPC­S, NCC Darleen P. Dempster, Ph.D., LPC­S Leslie N. Weaver, M.S., LPC, NCC M. Shanta Jenkins, M.S., ALC Campus Security Authorities You may also report crimes to other University officials who have been designated as additional Campus Security Authorities. Generally, any professional student affairs and housing staff members, student health clinic personnel, faculty advisors to student groups, and/or the athletic director and head coaches can receive a report for inclusion in the annual crime statistics and for the purposes of issuing a timely warning. These additional campus security authorities may encourage and assist the victim in filing a report with University police. If you are the victim of a crime and you wish for your identity to remain confidential and desire no formal investigation, you must inform the CSA to whom you are reporting the event. If confidentiality has been requested, the listed university official receiving a crime report will gather sufficient information to allow the university to implement proper crime alerts, if warranted, and to include the information in the statistical records maintained by the University of South Alabama Police Department. MEDICAL TREATMENT 11
Student Health Center Technology & Research Park III (251) 415­1144 USA Children’s & Women’s Hospital Evaluation Center (251) 415­1144 USA Medical Center Emergency Department (251) 471­7000 EMOTIONAL SUPPORT University Counseling Center (251) 460­7051 Rape Crisis Center of Mobile (251) 473­7273 POLICE AND LEGAL INFORMATION Mobile Police Non­Emergency (251) 434­7211 District Attorney’s Office (251) 690­8400 Alabama Crime Victims Compensation Commission (800) 541­9388 STUDENT AFFAIRS OFFICES Dean of Students (251) 460­6172 Department of Housing and Dining (251) 460­6185 VIII.
INTERIM PROTECTIVE MEASURES 12
When a report is received by an individual/department designated as a Reporting Option by this Policy, the designated individual/department in consultation with other administrators will impose reasonable and appropriate Interim Protective Measures when necessary to protect the safety of the parties or witnesses involved. Interim Protective Measures are initiated based on information gathered during a report and are not intended to be permanent resolutions; hence, they may be amended or withdrawn as additional information is gathered. The applicable individual/department, in consultation with other administrators, will maintain consistent contact with the parties so that all safety, emotional, and physical well­being concerns can be reasonably addressed. Interim Protective Measures are temporary actions taken by the University to ensure equal access to its education programs and activities and foster a more stable and safe environment during the process of reporting, investigation, and/or adjudication. Interim Protective Measures may be applied to the Complainant, the Respondent, and other involved individuals as appropriate to ensure their safety and well­being. Interim Protective Measures may be requested by the parties or the University at any time, regardless of whether any particular course of action is sought by the Complainant. All individuals are encouraged to report concerns about the adequacy of the Interim Protective Measures or failure of another individual to abide by any Interim Protective Measure to the applicable Reporting Option individual initiating the Interim Protective Measure. Violations of Interim Protective Measures will be addressed under this Policy. The applicable Reporting Option individual will take appropriate, responsive, and prompt action to enforce Interim Protective Measures and/or to respond to Retaliation by another party or witness. IX.
COMPLAINANT/ VICTIM/ RESPONDENT RIGHTS A. Definitions ● A “Complainant” is any person who makes a report or seeks action under this policy. ● A “Victim” is any person who may have been the subject of sexual misconduct, whether or not the person makes a report or seeks action under this policy. ● A “Respondent” is any person alleged to have committed sexual misconduct under this Policy. B. Complainant/Victim/Respondent Rights 13
The University of South Alabama recognizes the following rights to each Complainant and Respondent involving allegations of sexual violence while on University premises, or at University related or sponsored activities whether on or off University premises: a. The right to a prompt, fair and impartial process from the initial investigation through the final result. b. The right to be present during the disciplinary hearing, if one is held. However, if the Complainant/Victim/Respondent fails to appear at the hearing, the hearing may be held in his/her/their absence. c. The right to present evidence by witness, or by affidavit if a witness is unable to attend the hearing. d. The right to question all witnesses at the disciplinary hearing. e. The right to appeal if such right is given to the other party. f. The victim has the right to have sexual history excluded from consideration during the complaint/grievance process. g. The victim has the right to immunity from University discipline charges stemming from the victim’s use of a narcotic or intoxicating substance administered with or without the victim’s consent at the time of the perpetration of a sexually violent event against the victim. h. The right to have protective orders enforced. i. The right to receive information from the university on how to obtain protective/ restraining orders. j. The right to a written explanation of Complainant/Victim rights and options. k. The right to simultaneous written notice of the outcome of any​
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University disciplinary proceedings alleging a sexual offense, the institution's appeal procedures, any change to the results before the results become final, and when the results become final. l. The right to have an adviser accompany him or her during any campus conduct proceedings. 1. If the Complainant or the Respondent is a party to a criminal incident out of the same circumstances, each is allowed to have an attorney serve as their advocate, at their own expense. 2. Advisers, including attorneys, advocates, or other selected person, are not permitted to speak or participate during the hearing, expect to . confer quietly with their advisees. 3. Advisers must abide by the rules of strict confidentiality required of all participants. m. The Complainant, Respondent, and other appropriate individuals are given 14
timely and equal access to information used in the course of the formal disciplinary meetings and hearings. n. The information obtained during the process of a disciplinary proceeding will be maintained/managed in a confidential manner consistent with the requirements of FERPA and other applicable laws and regulations. X.
EDUCATION AND PREVENTION PROGRAMS The University is committed to offering educational programs to promote awareness and prevention of sexual harassment, sexual assault, domestic violence, dating violence, and stalking​
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Educational programs include: ● An overview of the University’s policies and procedures ● Relevant definitions, including sexual harassment, sexual assault, domestic violence, dating violence, and stalking ● Relevant discussion of the impact of alcohol and illegal drug use ● Consent ● Safe and positive options for bystander intervention ● Resources and reporting options available for students, faculty, and staff ● Information about risk reduction Incoming first year students and new employees will receive primary prevention and awareness programming as part of their orientation. Returning students and employees will also have ongoing opportunities for training and education. The University’s Title IX Compliance Coordinator maintains an education and prevention calendar and tailors programming to campus needs and climate. Information about online training programs for students can be accessed at: http://southalabama.edu/departments/studentaffairs/titlenine/index.html And for Faculty and Staff at the Human Resources Office’s website at: http://www.southalabama.edu/hr/harassmentprevention.html​
. As part of the University’s commitment to provide an educational and work environment free from sexual harassment, sexual assault, domestic violence, dating violence, and stalking​
, ​
this Policy will be disseminated widely to the University community through e­mail communication, publications, websites, new employee orientations, student orientations, and other appropriate channels of communication. 15
XI.
ANNUAL REVIEW This Policy is maintained by the University’s Title IX Coordinator. The Title IX Coordinator will review this Policy at least annually, with the assistance of the University’s Title IX Committee. The review will capture evolving legal requirements, evaluate the supports and resources available to the parties, and assess the effectiveness of the resolution process (including as to the fairness of the process, the time needed to complete the process, and the sanctions and remedies imposed). The review will include the opportunity for individuals affected by the Policy to provide feedback and will incorporate an aggregate view of reports, resolution, and climate. The Title IX Coordinator will prepare an annual report, publicly available, which will include recommendations and steps taken to improve the delivery of services and the effectiveness of the Policy and procedures. Appendix Alabama Domestic (Dating) Violence Law (Summarized): A person commits the crime of Domestic Violence when any of the listed laws are violated; AND the victim is a current/former spouse, parent, child, any person with whom the defendant has a child in common, present/former household member, or a person who has/ had a DATING or engagement relationship with the defendant. The severity of the violation is determined by which of the listed state laws is involved. The Code of Alabama section and Classification of Offense are listed in parentheses. • Assault in the 1st or 2nd Degree (Felony­Section 13A­6­20, 13A­6­21) • Aggravated/Non­Aggravated Stalking (Felony­Section 13A­6­91, 13A­6­90) • Intimidating a Witness (Felony­Section 13A­10­123) • Burglary in the 2nd or 3rd Degree (Felony­Section 13A­7­6, 13A­7­7) • Criminal Mischief in the 1st Degree (Felony­Section 13A­7­21) • Assault in the 3rd Degree (Misdemeanor­Section 13A­6­22) • Menacing (Misdemeanor­Section 13A­6­23) • Reckless Endangerment (Misdemeanor­Section 13A­6­24) • Criminal Coercion (Misdemeanor­Section 13A­6­25) • Harassment/Harassing Communication (Misdemeanor­Section 13A­11­8) • Criminal Surveillance (Misdemeanor­Section 13A­11­32) • Criminal Trespass in the 3rd Degree (Misdemeanor­Section 13A­7­4) • Criminal Mischief in the 2nd or 3rd Degree (Misdemeanor­Section 13A­7­22, 13A­7­23) • Arson in the 3rd Degree 16
(Misdemeanor­Section 13A­7­43) According to the Alabama Code Section 13A­11­8 (Misdemeanor), stalking is defined for purposes of the Clery Act as follows: • a person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree. • a person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person’s immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree. 17