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32 | Regarding Allegation #1: this investigation revealed based on interviews conducted with facility staff members and residents in care corroborated that they have not observed or received reports of a facility staff member sexually harassing or making sexual advances or using hand gestures of a sexual nature towards a resident in care nor shaming a resident on their dress attire.
Based on the evidence gathered and interviews conducted and records reviewed, 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 of PERSONAL RIGHTS: Staff harass a resident while in care is found to be UNSUBSTANTIATED.
Regarding Allegation #2: this investigation revealed based on interviews conducted with facility staff members and residents in care corroborated that they have not observed or witnessed a facility staff member shaming them in the presence of a friend due to their sexual preference or making inappropriate sexual or derogatory comments towards a resident or making a resident feel uncomfortable based on their sexual and gender identity. Former Staff #1 (S1: Med Tech P.M.) provided Resident #1 with a cell number should the resident need to contact a night-shift staff member; as the front desk phone closes after hours at 11:00 p.m. but will transfer the calls to the cell phone manned by the night-shift personnel.
Based on the evidence gathered and interviews conducted and records reviewed, 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 of PERSONAL RIGHTS: Staff make inappropriate comments towards a resident is found to be UNSUBSTANTIATED.
Regarding Allegation #3: this investigation revealed based on interviews conducted with facility staff members and residents in care corroborated that the facility is supportive to the residents with respect to their sexual and gender identity and residents feel comfortable to freely express themselves. There were no witnesses to the alleged incident involving Staff #1 (S1: Caregiver) who provided a written statement to which S1 denied any sexual advances. Since the facility's call light system was out R1 was telling S1 about a life story and what R1's gone through, been suicidal and going through depression. Staff #1 didn’t mean harm and said if you need to talk, gave R1 a hug and the phone number; of which, the NOC shift was carrying around a cell phone with them. There was no sexual embrace. it was more of a support for R1 having opened up to S1 just in case the resident had bad thoughts of hurting oneself. At the time, S1 was working the night shift (11pm – 7am). Staff #1 is no longer working at the facility, effective 07/11/2022. LPA/RA Ceniceros
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