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32 | R1 stated their roommate, Resident 2 (R2), was present and witnessed S1 and R1 inside the bathroom; however, R1 stated R2 did not see the entire interaction as the bathroom door was halfway open. During an interview, R2 denied witnessing S1 in the bathroom with R1 and stated the only time S1 entered the bathroom was to check the sink.
Interviews were conducted with additional residents, none of whom reported witnessing S1 touch R1 inappropriately or behave sexually toward R1. These residents denied experiencing any inappropriate interactions with S1 and described S1 as a good employee. Interviews with the Administrator and caregivers revealed that none had witnessed S1 behave inappropriately toward residents, including R1, nor had any residents disclosed inappropriate interactions involving S1.
The Local Police Department took a report regarding the allegations but determined there was no conclusive evidence to arrest S1 for Penal Code Section 243.4(a), Sexual Battery.
Based on R1’s inconsistent statements between the initial report made two years ago and the current allegations, and R1’s inability to confirm that S1’s alleged actions were for sexual gratification or pleasure, the Department determined there was insufficient evidence to substantiate the allegations. Therefore, the allegations of sexual abuse and staff member intimidation of a resident in care are unsubstantiated. An unsubstantiated finding means that although the allegations may have occurred, there is not a preponderance of evidence to prove that the alleged violations occurred.
An exit interview was conducted with the Administrator copy of this report and Licensee's Rights (LIC 9058 03/22) were provided to the Administrator, and their signature on this report confirms receipt of the Licensee Rights. |