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32 | The investigation revealed that on October 18, 2020, staff (S1) witnessed staff (S2) cursing at R1 while S1 and S2 were transferring R1 to bed. S1 stated that S2 cursed in Tagalog and S1 understood it but R1 did not. S1 stated the incident occurred in R1's private room and there were no other witnesses. There were no cameras in the facility's private areas.
S1 reported the incident to staff, S3, who was off that day. On October 21, 2020, upon S3's return to work, S3 reported the incident to facility management and an investigation was conducted by the facility's human resource (HR) department. S2 was suspended from work while the investigation was on-going, however, S2 resigned from work prior to the conclusion of the investigation. LPA was unable to reach S2 for an interview.
R1's medical records were reviewed. Per R1's diagnoses, R1 has memory impairment and is not a good historian. R1 is also non-verbal. On February 11, 2021, LPA attempted to interview R1. R1 did not respond. LPA observed R1 awake, slightly reclined to a seated position in bed, and with no visible signs of injury on exposed skin. R1's clothes and bed linens were observed clean and in good repair.
On February 11, 2021, LPA attempted to interview residents in the facility's Memory Care unit where R1 resides. 5 out of 5 residents were unable to respond to interview questions due to cognitive impairment. R1 does not have a room mate.
San Jose Police Department (SJPD) report #20-295-9514 was obtained and reviewed.
The Department has investigated the above allegations. Based on interviews conducted and records reviewed, the Department found that the above allegations are UNSUBSTANTIATED. An unsubstantiated finding indicates that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the allegation did or did not occur.
Exit interview conducted and a copy of this report was provided electronically for signature. |