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32 | This includes witnessing residents using illegal drugs or the observation of illegal drugs within the facility. As a result, the preponderance of evidence standard is not met, and this allegation is UNSUBSTANTIATED. A finding of unsubstantiated means the allegation may have happened or is valid, but there is not a preponderance of the evidence to prove that the alleged violation occurred.
Allegation: Staff inappropriately touched resident. This allegation was investigated by the department and consisted of interviews as stated above. This allegation included an accusation of molestation by staff. Based on interviews conducted, it was determined that R1 required assistance with bathing and preferred not to have “his private parts” washed. It was further revealed through interview that on one occasion, staff2 (S2) was assisting R1 with bathing and proceeded to mistakenly wash R1’s private area in the shower and stopped once told by R1 to do so. Additional interviews revealed no corroborated statements of being touched inappropriately by S2. Based on evidenced obtained, there is no preponderance of evidence to show that S2 inappropriately touched R1 with the intent to sexually gratify either party involved, therefore, this allegation is UNSUBSTANTIATED. A finding of unsubstantiated means the allegation may have happened or is valid, but there is not a preponderance of the evidence to prove that the alleged violation occurred.
An exit interview was conducted with lead caregiver and a copy of this report was provided. Appeal rights provided. |