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32 | Allegation: Facility staff did not prevent residents from engaging in a physical altercation
It is alleged R1 physical assaulted R2 while in care of the facility On. 03/23/2021 LPA Calderon interviewed R1 who confirmed R2 punched him in the face and was given a black eye by R2. R1 confirms he did not call the police and did not tell the facility administrator regarding the assault. On 3/25/2021 LPA Calderon interviewed R2 who denied punching R1 in the eye and does not understand why R1 has any issue with him. On 03/25/2021 LPA Calderon interviewed R3-R10 all confirm issues with R2 and confirms R1 and R2 have had verbal altercations in the past. On 03/25/2021 and 4/5/2021 LPA Calderon interviewed S3- S6 who all confirm that R1 and R2 were good friends, played cards and smoked cigarettes and do not know if R2 gave R1 a black eye. On 03/29/2021 LPA Calderon interviewed S1 who confirmed R1 claimed R2 punched him in the eye and gave her a color photo of his eye, but she did not file any SIR report.
Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated.
A telephonic exit interview was conducted with Administrator Lesly Figueroa, and a hard copy was provided for records.
On 03/22/2021 around 3pm Licensing Program Analyst (LPA) Jose Calderon initiated a complaint investigation to deliver the investigation findings for the allegation listed above. Due to the situation surrounding the Coronavirus Disease 2019(COVID-19), and to implement mitigation measures, today’s complaint investigation was conducted telephonically via face time with Administrator Lesly Figueroa.
The Investigation consisted of the following: On 03/17/2021 LPA Calderon interviewed Administrator Lesly Figueroa(S1) and conducted a tour of the physical plant. On 3/22/2021 LPA obtained copies of Staff and Resident rosters. On 3/8/2021 LPA Calderon interviewed reporting party (R1). On 3/17/2021 LPA Calderon interviewed S4 and on 3/22/2021 LPA Calderon interviewed S2- S5. On 03/22/2021 LPA Calderon interviewed R2 – R10. On 03/29/2021 LPA Calderon interviewed administrator for complaint.
The investigation revealed the following: |