Why are you allowing this? I'm assuming that if he started texting and then moved to IM'ing that YOU are responding. If you are...you are now in an EA. So I repeat, why are you allowing this to happen?
ETA: Nevermind noticed that you sent an NC e-mail (if you haven't done that, you need to...or you run the risk of him thinking you just haven't had an opportunity to respond...make your position on this clear to him.) which is the thing to do.