Failure to Report Resident-to-Resident Sexual Abuse Allegations
Penalty
Summary
The facility failed to report allegations of potential resident-to-resident sexual abuse to the Administrator and the state agency as required. One resident, who is cognitively intact and has a documented history of inappropriate sexual behaviors, repeatedly made sexual gestures and verbal advances toward another cognitively intact resident. The affected resident reported feeling upset and stated that the behavior was ongoing, including explicit gestures and repeated verbal requests for sex, which she had asked to stop multiple times. She also disclosed a history of PTSD related to childhood sexual trauma. Despite reporting these incidents to the Administrator and other staff members on multiple occasions, the only action taken was to redirect the offending resident, and no formal documentation or external reporting occurred. Multiple staff members, including a restorative aide, social services, and a housekeeper, witnessed or were informed of the inappropriate behaviors and comments but did not escalate the reports to the Administrator or the state agency as required by the facility's abuse prevention policy. The Administrator acknowledged being aware of the allegations but did not document the reports or notify the state agency. The facility's policy mandates immediate reporting of abuse allegations to the state agency and the resident's representative, but this protocol was not followed in this case.