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32 | On 07/21/2023, from 11:05am to 11:30am, Investigator Lozano conducted interviews with R1 and R2; and on 07/24/2023, at 3:00pm, with S1. In addition, facility file documents related to R1 were reviewed. Law enforcement interviewed R1 and S1 and did not conduct any further investigation.
Information obtained from the investigation revealed that on 07/07/2023, R1 reported that on 07/06/2023 at approximately 1:30pm, when R1 had their meal tray delivered by S1, R1 stated that R1 needed assistance moving up in bed. Per R1, S1 offered to help and placed S1’s arms around R1 to lift R1 and then kissed R1 on the mouth. Per R1, after the incident, R1 asked S1 to leave the room. R1 stated Resident #2 (R2) was also in the room but reportedly did not see anything. R1 and R2 reside in the same room. The facility suspended S1 pending their investigation.
The facility took a statement from S1 on 07/08/2023 who denied the allegation. Per S1, the meal tray was delivered to R1 and R2. S1 setup their food on their tables. R1 asked for help sitting up in the bed, and S1 told R1 they were not able to assist but would get someone. S1 then stated that R1 asked if they could help change R1’s shirt to which S1 responded that they could not but would get someone to help with that also. S1 left to go get R1 tea they requested and came back to the room and finished setting up their food as they requested and left the room. S1 stated it was a total of approximately 6 minutes they assisted which included getting tea. S1 confirmed the R2 was present and sitting up.
Information obtained from the Department’s interviews with R1, R2, and S1 revealed all parties denied the allegation. Based on the conflicting statements made by R1 and R2, the Department determined it is unlikely that R1 was sexually assaulted at the facility. R1 denied being kissed by S1. R2 stated that R2 lives in the same room with R1 and denied seeing anyone kissing R1. S1 denied the allegation. The Department does not have sufficient evidence to support the above allegation. Therefore, the allegation “Resident was sexually assaulted at the facility” is deemed Unsubstantiated at this time.
Exit interview, copy of report given. |