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32 | The investigation revealed the following:
Allegation: Staff did not keep resident from being inappropriately touched by another resident.
It is alleged that on 5/3/26 facility staff did not maintain a safe environment resulting in R1 being sexually assaulted by R2 at the facility. LPA interviewed Local Law Enforcement who also investigated this allegation and they informed LPA that the outcome was a DA reject due to both individuals having a diagnosis of dementia and both residents having cognitive disabilities that make it difficult to determine if either of the residents knew what they were doing was/is wrong or inappropriate. LPA interviewed R2 in their private room and they denied the allegation, R2 stated they don’t touch people, have never assaulted anyone and has never had anyone assault them. LPA interviewed R1, they denied the allegation, stating that they have never been assaulted and feel safe at the facility. Interviews with R3-R5 were conducted and each resident denied the allegation and stated that they have never been touched inappropriately and feel safe at the facility. LPA conducted interviews with 5 staff and each denied the allegation, staff stated that although R1 and R2 are often very friendly with each other and seem to enjoy each other’s company there was no thought of this being assault. S3 stated that although the incident of both residents being R2’s room and touching each other’s arms did happen there was nothing during their investigation to determine this as sexual assault. Interviews with S3-S5 revealed that staff are aware that R1 and R2 are friendly with each other and are monitored to ensure they are not in each other’s private rooms, if both residents are not observed in the common areas staff will conduct rounds to ensure both are safe and not left unattended inside of one their rooms. LPA interviewed 1 witness and they stated during their visits they have seen R1 and R2 speaking and interacting in common areas such as dining and activity area, however, they have never seen them touching or left alone in an unattended area. Additionally, LPA toured memory care wing to ensure both R1 and R2’s bedrooms are not neighboring each other and there is sufficient space separating both rooms and are on opposite ends.
Based on statements and interviews conducted with staff/residents/witnesses, there was not enough supportive evidence to concur with the reported allegation. 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 is UNSUBSTANTIATED. Exit interview held, and a copy of this report was provided. |