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32 | During an incident at the facility, Child #1 was reportedly interacting with another child in care when Staff #3 observed child making hand gestures. Report indicates Staff #3 observed them as "gang signs" and reacted. Staff #3 reportedly grabbed child's face to yell at them regarding the alleged "gang signs."
Interview with Staff #1 (S1) corroborated information from Reporting party regarding staff yelling at Child #1 (C1). S1 disclosed that a Staff #3 (S3) uses their voice in a loud manner. Per S1, “The voice was loud and they were at the student’s eye level.” When asked to describe the voice used by S3, S1 stated, “I had to stop what I was doing because it was loud enough to catch my attention. It was a spontaneous ‘hey why are you doing that?’ It was an elevated voice that caught my attention.” S1 stated that Staff #6 was also present during the incident. LPA was unable to contact Staff #6 for interview during course of investigation. Per interview with Staff #4 (S4), they were present but in an adjacent room during time of the incident, and did not directly observe the incident reported. S4 stated that C1 seemed “out of it.” Per S4, “[They] were very quiet and normally [they] are very talkative. Didn’t seem like [themselves].”
Staff 1 corroborated that staff made physical contact with C1’s face. S1 disclosed, “The only contact I observed was a finger under [their] chin, lifting [their] face up to look at [S3]. Not grabbing.”
In addition, S4 referenced another incident they witnessed during interviews, “There was a student in the restroom and took too many paper towels and [S3] yelled at the student and went up and yanked [them] and told [them] you only get one. That child did cry a little bit.”
During interview with Staff #3, when asked about the incident with C1, they stated " I told [C1] that we cannot push up on another child and I got to [their] level and pointed my finger saying 'we cannot do that.'" Additionally, S3 stated, "I never touched a child. I have been a teacher for 40 years, and I have never seen anyone do it the way [they] accused it. I would never say gang signs but I did say they were doing 'gestures' and getting all up in another [child's] face so I tried to talk to [C1] that [they] can't do that. [Adult] asked me if I had seen Spiderman and I did not so I could not say what I saw was that or not."
Based on LPAs observations and interviews which were conducted, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 Chapter 101223 Personal Rights), are being cited on the attached deficiencies page.”)
REPORT CONTINUES PAGE 2 of 3
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