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    It's On Us PA

    Sexual Violence, Dating Violence, Domestic Violence and Stalking Education, Prevention and Response at Institutions of Higher Education and Private Licensed Schools

    Background and Introduction

    Article XX-G of the Public School Code requires all institutions of higher education (institutions) and private licensed schools (schools) to establish and maintain a memorandum of understanding (MOU) with at least one local rape crisis center and one local domestic violence program.

    Through these agreements, schools and institutions must partner with crisis centers and domestic violence programs to:

    • Develop the institution's and school's sexual misconduct policies, programming, and training involving students and employees;
    • Provide an off-campus option for students and employees to receive free and confidential services to address sexual harassment and violence, dating violence, domestic violence, and stalking, such as,
      • Counseling
      • Support while looking at campus and community reporting options
      • Access to legal help, sexual violence and intimidation protection orders, compensation for victims, forensic rape exams (rape kits), and other services;
    • Ensure students and employees are notified of free and confidential support, counseling services, advocacy services, and how to get these services on and off campus;
    • Cooperate and clarify what schools/institutions and rape/domestic violence crisis centers are expected to do when a report of sexual violence, domestic/dating violence, or stalking is made. Schools and institutions are expected to train crisis centers on their procedures and policies when a report is made, investigated, and adjudicated, and crisis centers are expected to train schools and institutions on their policies and procedures when they receive a report; and
    • Develop and create an education program.

    Institutions or schools that do not have full-time students are still required to have MOUs and programming in place for employees, regardless of student status.

    Timeline

    Institutions and schools, including any branch campus, are required to have at least one MOU in place by December 31, 2024.

    Institutions and schools must also have established and implemented an educational program in consultation with at least one local rape crisis center and one domestic violence program by July 1, 2023.

    Resources and guidance posted on this website should be used to meet these requirements and deadlines.

    Rape Crisis Center and Domestic Violence Program Partners

    A rape crisis center is a nonprofit organization within Pennsylvania's network of rape crisis centers that partners, is funded by, and abides by the standards of the Pennsylvania Coalition Against Rape (PCAR). The primary purpose of a rape crisis center is to provide services to sexual violence victims and their significant others and to prevent sexual violence in the community. Rape crisis center services include but are not limited to the following: crisis intervention and hotline support, safety planning, counseling, systems advocacy, therapy, medical and legal accompaniment, prevention education and community education, information and referral, and victim assistance.

    A domestic violence program is a nonprofit organization or program whose primary purpose is to provide services to domestic violence victims which include, but are not limited to, crisis hotline; safe homes or shelters; community education; counseling systems intervention and interface; transportation, information and referral; and victim assistance.

    Schools and institutions should begin the process of entering an MOU with these organizations by locating the closest rape crisis center and domestic violence program.

    To locate a rape crisis center, refer to the PCAR Location Finder.

    To locate a domestic crisis center, refer to the PCADV Program Finder.

    The Memorandum of Understanding

    Institutions and schools are required as of July 11, 2024,  effective for the 2024-25 school year, all institutions of higher education (institutions) and postsecondary private licensed schools (schools) must adopt a definition of consent as part of their code of conduct or sexual misconduct or harassment policy. By December 31, 2024,  each institution of higher education, including any branch campus of an institution of higher education, and a private licensed school shall enter into or update at the next renewal and maintain a memorandum of understanding with at least one local rape crisis center and one domestic violence program to assist in developing the institution's and school's policies, programming and training regarding sexual misconduct and other prohibited behavior, such as sexual violence, dating violence, domestic violence and stalking, involving students and employees.

    • A description of partner agencies, including the rape crisis center, domestic violence crisis center, and school/institution
    • History of previous collaboration, if applicable
    • A fee structure (note that institutions and schools can apply for a PA It's On Us grant to offset fees paid to crisis centers)
    • The role of the rape crisis center or domestic violence program
    • The role of the school or institution
    • Terms of agreement, including when the MOU will take effect. This must be before December 31, 2024

    Schools and institutions must report to PDE on the implementation of the education program and MOUs through an annual attestation of compliance. If a school or institution exhausts all efforts to find a partner rape crisis center or domestic violence partner but is unable to, they may pursue a Good-Faith Waiver through the annual attestation of compliance submitted to PDE. The Department of Education will only grant this waiver if the school or institution can prove that it acted in good faith but was unable to attain the MOUs.

    Education Program Resources

    Informational video from It's On Us National Organization​​

    Article XX-G required institutions and schools to offer a sexual violence awareness educational program and at least one mandatory follow-up program during the school year for new students by July 1, 2023.

    This program must be developed in collaboration with the rape crisis center and domestic violence program that the institution or school entered the Memorandum of Understanding with.

    The education program must include, at minimum, the following:

    • A discussion of sexual violence, dating violence, domestic violence, and stalking;
    • A discussion of consent, including emphasizing that the victim is not at fault;
    • A discussion of how drug and alcohol use can contribute to sexual violence;
    • Information relating to risk education and personal protection;
    • Information on where and how to get assistance, including the importance of medical treatment and evidence collection after sexual violence occurs, and how to report sexual violence to campus authorities and local law enforcement;
    • The possibility of pregnancy and transmission of sexual diseases;
    • An introduction of members of the educational community from:
      • Campus police or security and local law enforcement.
      • Campus health center, women's center and rape crisis center.
      • Campus counselling service or any service responsible for psychological counseling and student affairs;
    • A promise of discretion and dignity; and
    • A promise of confidentiality for victims of sexual assault to the extent allowable by law.

    The follow-up program may include lectures, interactive learning programs, institutional activities, videos, and other educational materials related to sexual violence, dating violence, domestic violence, and stalking prevention and awareness.

    Below are educational resources that schools and institutions may find useful when developing the required programming:

    ​Article XX-G states the MOUs should be in place by December 31, 2024. 

    ​No, your institution can utilize any MOU that has been approved by your legal counsel in collaboration with the local centers. 

    Schools and institutions are expected to obtain the required Memorandums of Understanding (MOU). However, if a school or institution exhausts all efforts to find a partner rape crisis center and domestic violence program but is unable to, they may pursue a Good-Faith Waiver. Waivers can be sought through the annual attestation of compliance. The Department of Education will only grant the waiver if the school or institution can prove that it acted in good faith but was unable to attain the MOUs. One of the following documentation options must be submitted to the Pennsylvania Department of Education to obtain a waiver:

    • A letter from a rape crisis center or domestic violence program stating they are unable to partner with the institution.
    • A letter on the institution's letterhead indicating that the institution made request(s) to enter into the MOU with a rape crisis center or domestic violence program; however, the institution received no response to the request(s) or the local center was unable to provide services at this time.

    Please submit documentation to David Stewart at ra-highereducation@pa.gov. 

    ​Yes.

    ​There could be a fee-for-service as part of the MOU that you negotiate with the local centers. It is up to the institution as to how you put that in place. 

    ​If your institution is referring students to a local center via your website, you are not in compliance of Article XX-G. While this will meet minimum requirements, it must be in the form of a formal MOU. 

    ​The specificity of the MOU is up to your IHE, legal team and local center. 

    ​It is the IHE’s responsibility. 

    ​Yes.  

    Schools and institutions can enter an agreement with one agency that provides both services. They may contract with one or more than one if resources and required services are accessible.

    Yes. Institutions and schools that do not have full-time students are required to have MOUs and an education program for employees, regardless of student status. 

    No. Schools and institutions with existing MOUs may maintain the MOU if it meets the established requirements. Existing MOUs can also be updated to meet the requirements the next time it will be renewed. 

    Yes, If services are realistically able to be provided to the student or employee. 

    No. While involving advocates in educational programs is required and engaging them with the campus community is encouraged, schools and institutions must only provide the option for off-campus services to students and faculty. This can be done by giving students and faculty the contact information of the centers and their advocates. If the school/institution and center agree to create office hours for an advocate to be on campus, it is best practice for the advocate to be located away from the school's Title IX and Student Conduct Offices. 

    The school/institution should educate the rape crisis center and domestic violence program on its policies and procedures for reporting, investigating, and adjudicating student and employee complaints. Additionally, the rape crisis center and domestic violence program should teach the institution/school about their processes when a victim reaches out. If possible, schools/institutions should travel to and tour the facilities of the rape crisis center and domestic violence center with which they are creating an MOU. 

    No. The prevention program should be developed in consultation with the local agencies but can be facilitated by the school/institution. 

    ​For additional information, please contact David Stewart, RA-EDITSONUSPA@pa.gov

    "Dating Violence." Behavior where one person uses threats of, or actually uses, physical, sexual, verbal or emotional abuse to control the person's dating partner.

    "Domestic Violence." The occurrence of one or more of the following acts between family or household members:

    1. Intentionally, knowingly, or recklessly causing or attempting to cause bodily injury.
    2. Placing, by physical menace, another in fear of imminent serious bodily injury.

    "Domestic Violence Program." A nonprofit organization or program whose primary purpose is to provide services to domestic violence victims which include, but are not limited to, crisis hotline; safe homes or shelters; community education; counseling systems intervention and interface; transportation, information and referral; and victim assistance.

    "Education Program." An evidence-based sexual violence, dating violence, domestic violence, and stalking prevention and awareness education program.

    "Institution of Higher Education" or "Institution." An independent institution of higher education, a community college, a state-related institution or a member institution of the state system of higher education.

    "Matriculating." Enrolling in an institution of higher education or private licensed school.

    "Private Licensed School." A school or classes operated for profit or tuition that provides resident instruction to prepare an individual to pursue an occupation in the skilled trades, industry or business, or systematic instruction by correspondence or by telecommunication in a field of study. It does not include private academic schools.

    "Rape Crisis Center." Any office, institution or center offering assistance to victims of sexual assault and their families through crisis intervention, accompaniment to medical and legal appointments and follow-up counseling.

    "Sexual Violence." Sexual activity that is performed without the consent of all parties, or that is performed by force, by threat of force, against someone who is unconscious or unaware that the sexual activity is occurring, by a person who has impaired the victim's power to consent through the use of drugs or intoxicants, or against someone with a mental disability which leaves the victim incapable of consent. Under Pennsylvania law, sexual violence includes rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, and incest.

    "Stalking." When a person repeatedly commits acts toward another person, including following them without proper authority or communicating with them with the intent to instill fear of bodily injury or cause substantial emotional distress.

    "Student." A person who is enrolled on a full-time basis at an institution of higher education or private licensed school. 

    Schools and institutions are expected to obtain the required Memorandums of Understanding (MOU). However, if a school or institution exhausts all efforts to find a partner rape crisis center and domestic violence program but is unable to, they may pursue a Good-Faith Waiver. Waivers can be sought through the annual attestation of compliance. The Department of Education will only grant the waiver if the school or institution can prove that it acted in good faith but was unable to attain the MOUs. One of the following documentation options must be submitted to the Pennsylvania Department of Education to obtain a waiver:

    • A letter from a rape crisis center or domestic violence program stating they are unable to partner with the institution.
    • A letter on the institution's letterhead indicating that the institution made request(s) to enter into the MOU with a rape crisis center or domestic violence program; however, the institution received no response to the request(s) or the local center was unable to provide services at this time.

    Please submit documentation to David Stewart at ra-highereducation@pa.gov.