complaint·December 7, 2023

Carminda stated she had admonished R1 to close and lock their door during the evening hours for safety. R1 admitted that Carminda had advised them on several occasions to close and lock their door during the evening. An interview was conducted with R1, Resident 2 (R2) and Resident 3 (R3), who all had brief interactions with the unknown male on the evening of 7/11/2023. All three residents witnessed the Suspected Abuser (SA) asking for the location of the manager’s office and about the possibility of a vacant room. R1 described the SA as “grazing” their left breast with his hand when his hand slipped from R1’s shoulder and was unable to say if the SA did it intentionally or not. R3 was in the room with R1 when the SA was at the front door. R3 stated they did not hear any conversation between R1 and the SA, and R3 did not see the SA touch R1. R2 described the SA as “cordial.” R2 said the SA escorted them down the stairs by holding their elbow with his hand, but did not act inappropriately. In this case, the SA involved in this incident was unknown and the witnesses/residents were only able to provide a vague description of the SA. Based on R1’s statement, it is unknown if the SA touched R1's breast intentionally or accidently. Local law enforcement sources indicated that even if the SA were to be identified, it would still be difficult to prove the SA touched R1 for sexual gratification. In addition, there is no requirement to check on the residents at night and R1 admitted that Administrator had admonished them many times to close and lock their door at night. Based on the investigation, there was insufficient evidence to support the allegation that lack of supervision resulted in sexual abuse, therefore it has been unsubstantiated. No further investigation is warranted. A finding that is unsubstantiated means that although the allegation may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violation occurred. An exit interview was conducted with Carla Hayag, Caregiver copy of this report and Licensee's Rights (LIC 9058 03/22) were provided to the Caregiver and her signature on this report confirms receipt of the Licensee Rights.