Complaint·October 24, 2022

The investigation revealed the following…Regarding the allegation: Staff did not prevent a resident from making inappropriate comments towards other residents. It’s being alleged a resident is constantly disturbing other residents and making inappropriate remarks. LPA interviewed 5 out of 59 residents in total. 4 out of 5 residents confirmed the allegation to be true. One resident was unavailable for an interview. R1 states, “the staff never say anything. They just sit there. They hear it and see it but don’t say anything. I don’t know if it’s their job or not. They don’t do anything.” R2 states, “I don’t think the staff are doing anything. I don’t think they can do much.” R3 states, “the staff don’t intervene when there is conflict.” R4 states, “that was one of the problems, you think the staff would pull a resident aside to figure out what’s going on. That never happened.” During interviews with staff and witnesses, LPA Agard interviewed 2 out of 20 staff and 2 witnesses. 4 out of 4 confirmed the allegation to be true. S1 states, “there are 2 residents that are challenging each other verbally. It has escalated to the point that our legal team is involved. We are waiting for guidance from legal on how to handle this situation because both residents are doing it to each other.” S2 states, “things happen in the common areas or parking lot and staff aren’t monitoring the parking lot. As far as during dining time, staff have failed to report R3. W1 states, “I have tried to intervene, but you really can’t because you will get verbally attacked by either resident.” W2 states, “the staff can’t really get involved.” LPA reviewed several code of conduct reports given to R3 and R4. Dates ranging from February 2021 to September 2022 and July 2021 to September 2022, respectively. Reports speak to residents violating the code of conduct in various capacities and causing disturbances to other residents. LPA Agard also reviewed several incident reports involving R3 and R4 over the past year and a half. Regarding the allegation: Staff did not prevent a resident from making inappropriate comments towards other residents. Based on the interviews and record reviews conducted the “preponderance of the evidence” standard has been met; therefore, this allegation is substantiated. Title 22 Division 6 Chapter 8 Article 8 is being cited (please see LIC9099D.) An exit interview was conducted and a copy of this report and appeal rights were given.