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32 | The investigation for this allegation was conducted by Investigator Dennis Seng.
During this investigation, IB Investigator Dennis Seng, conducted interviews with staff (including the suspect/Staff #1 (S1)), witnesses and Resident #1 (Victim/R1). It was determined that R1 was a victim of sexual abuse by S1 at the facility. R1 stated that the relationship between R1 and S1 was consensual “due to R1 being overly medicated on medication” during R1’s treatment for a medical condition. R1 indicated S1 hugged R1, fondled/sucked on R1’s breasts, and kissed R1 on R1’s lips during multiple occasions. S1 was also discovered by Staff #2 (S2) hiding inside R1’s closet without an explanation. S1 denied sucking/fondling R1’s breasts or that S1 engaged in any sexual activity/abuse; however, S1 admitted to hugging and kissing R1 on R1’s lips on several occasions. S1 admitted that S1 was caught in R1’s closet by S2 and stated that S1 hid in R1’s closet because S1 knew the situation “looked bad”. Facility staff became suspicious of S1’s relationship with R1 and asked S1 about it. S1 admitted he/she was in a relationship with R1 and forwarded facility staff text messages between S1 and R1. Due to the totality of the situation, S-1 statements, text messages exchanged between S-1 and R-1, S-1 hiding in R-1’s closet, and the lack of explanation to justify why S-1 was hiding in R-1’s closet, it was more than likely S-1 did fondle/sexually abused R-1.
Based on interviews conducted and records reviewed, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Tittle 22, Division 6 and Chapter 8 is being cited.
An immediate Civil Penalty of $500 is being issued today. Refer to LIC421IM. The issuance of an additional Civil Penalty is being assessed based on Health and Safety Code 1569.49(f) and could be issued at a later date.
Exit interview held. A copy of the report, LIC421IM, and Appeal Rights were provided to Lydia Pabion Administrator.
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