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32 | The investigation revealed the following;
Allegation: Facility staff spoke inappropriately to resident. The details of this allegation stated that on 11/26/2019, S1 sexually harassed R1 by making inappropriate comments and hand gestures.
After reviewing the facility file of S1, LPA did not observe prior disciplinary actions or write ups regarding personal rights violations involving S1 towards residents. According to the Unusual Incident/Injury Report dated: 11/26/2019, R1 called the Ombudsman and reported an alleged inappropriate proposition from S1. The Ombudsman reported the incident to Administrator / Jesse Mota and upon Mr. Mota's knowledge of the incident, S1 was suspended from work indefinitely pending an investigation. The facility concluded the investigation on 12/4/2019, and the findings were unsubstantiated based on insufficient evidence. According to R1, this was an isolated incident and there were no witnesses to the alleged incident. During an interview with S1, S1 denied making inappropriate comments and hand gestures to R1. From the interviews conducted, majority of the statements obtained described S1 as a good employee. Based on the interviews conducted and record reviews, there is insufficient evidence to support the allegation of "Facility staff spoke inappropriately to resident".
Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is Unsubstantiated.
A telephonic exit interview was conducted with Jesse Mota, and a hard copy was provided via email for signature. |