complaint·February 22, 2023

The investigation revealed the following…Regarding the allegation: Staff did not prevent resident from being sexually abused while in care. “It’s being alleged that a resident was touched inappropriately by a male staff at this facility.” LPA attempted interviews with 7 out of 60 staff in total. 0 out of 5 confirmed the allegation. 2 staff were unavailable for an interview. All staff interviewed confirmed knowing R1 and denied any reports of sexual misconduct being reported to them and/or observed. LPA attempted interviews with 2 witnesses. W1 states, “the event did happen based on what was told to them by R1 but is unaware of the alleged perpetrator.” W2 was unavailable for an interview. LPA attempted interviews with 5 out of 55 residents in total. 0 out of 4 confirmed the allegation. 1 resident was unavailable for an interview. All residents interviewed denied knowing about the alleged allegation. Residents interviewed state that the staff treat them with dignity and respect and denied any sexual misconduct from staff. R1 who was unavailable for an interview on 02/02/2023 was interviewed on 01/31/2023. Per the investigation report from Investigator Zertuche, R1 states, “not remembering the name of the last facility they resided at but recalls not having any issues there. Stating: “I liked it.” Resident denied any abuse and inappropriate touching at the facility.” During a record review, LPA reviewed the physician report for R1 and observed resident to need support with some activities of daily living which includes being on an incontinent schedule. Physician report also noted a primary diagnosis that could contribute to confusion within the resident. Based on LPA’s observation, record review and interviews conducted, the preponderance of evidence standard has not been met. Although the allegation(s) may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated. An exit interview was conducted, and a copy of the report was given.