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32 | The investigation reveals the following: Regarding "Staff did not intervene when a resident threatened another resident," it is alleged that the facility allowed R2 to threaten R1 in the presence of staff. The administrator and all staff denied the allegation, stating they have never witnessed residents threatening each other. They further stated that, when they were present, R1 was the instigator and that there was no knife. According to the administrator, R1 called the police, and the case was dropped. R1 stated that R2 verbally threatened them and also threatened them with a knife. R2 denied the allegation, stating that R1 has been picking on staff and other residents. R2 further stated that R1 likes to touch them in an uncomfortable manner and that they told R1 to stop. R2 also denied having a knife. The other four (4) residents stated that they either did not know R1 and R2 or had not seen the residents threaten each other. They also stated that if residents were threatening each other, they believed that staff would intervene. R3 stated that in the past, their ex-roommate was threatening, and staff intervened; they no longer reside at the facility.
The investigation reveals the following: Regarding "Staff retaliates against residents for filing a complaint," it is alleged that the facility is using R2 as an enforcer to retaliate against anyone who complains to keep other residents compliant and discourage them from complaining. The Administrator and all staff denied the allegation. They further stated that the former employee, whom R1 believes was fired due to a prior complaint, was not fired but retired of their own accord. They further denied any biological relationship between the former staff and S1. R1 stated they believe staff is allowing R2 to retaliate against them because of a complaint they made that led to the firing of a former staff member. R2 denied the allegation, stating the facility has never told them to threaten other residents. R2 further stated they do not work for the facility. 4 of the 6 residents stated they had not heard R2 threaten other residents, nor had they been threatened by R2.
Based on LPA observations, interviews, and file review, the preponderance-of-the-evidence standard has not been met; therefore, the above allegations are found to be UNSUBSTANTIATED.
Exit Interview Conducted with the Superviser Roxana Aparico/ A Copy of the Report Issued.
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