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32 | LPA Wesley interviewed residents who said the Administrator has never made inappropriate comments, harassed, or threatened them in any way and they have never witnessed the Administrator harass, threaten or make in appropriate comments to R1. LPA Wesley interviewed R1 and who advised that Administrator Garcia threatened to throw their belongings away and during the interview, the allegation shifted and R1 stated they imagined the Administrator being harassing them and making inappropriate comments. There is in sufficient evidence to support the allegations.
Regarding allegation: Staff did not prevent residents from making inappropriate comments towards resident. Administrator Garcia advised that she has never witnessed any other residents call R1 racial names and curse at them, and has never witnessed this happen with any other residents. Administrator Garcia said that R1 doesn't communicate with any of the residents and is always alone. Administrator said the residents will argue and have disagreements, but she has never witnessed any of the residents making racial comments to each other. LPA interviewed staff who said they have never witnessed the Administrator or any other residents making racial comments to R1, and has never witnessed any other residents arguing and making racial comments with each other. The investigation revealed the following: There is insufficient evidence to support the allegation.
Regarding allegation: Unlawful evictions: The Administrator advised that a 30 notice had been issued to R1 in April 2021 for failure to pay rent, violating the facility house rules, failure to take prescribed medication, and failure to seek medical attention. The investigation also revealed that R1 has not paid rent to date. During the interview with R1 they advised that the Administrator told them they only had to pay $20, then switch it to $50 the next month and now changed it to $100 a month. R1 said they paid a total $2000, to live in the facility and is not going to pay anymore rent because the courts and their social worker placed them in the facility, so why should they have to pay. The Administrator said that the facility charges resident's the required board and care rate according to the Social Security Administration, and denied telling R1 they were only responsible to pay such small amount.
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.
There are no deficiencies cited. A copy of this report was given to the Administrator during the exit interview. |