Failure to Immediately Remove Staff Accused of Sexual Abuse
Penalty
Summary
The facility failed to implement its Abuse Prevention Program policy when a resident accused a Certified Nursing Assistant (CNA) of sexual abuse. The resident, who had functional quadriplegia, schizophrenia, severe cognitive impairment, and was fully dependent on staff for toileting, reported that the CNA touched her inappropriately and made sexually suggestive comments. The allegation was documented by staff, and the resident's physician and psychiatrist were notified. Despite the policy requiring immediate suspension of any employee accused of abuse, the CNA continued to work the remainder of the shift on the day of the allegation and returned to work the following day. Documentation and interviews confirmed that the CNA was not suspended until the day after the allegation was made, allowing continued access to the resident and other residents during this period. Staff interviews indicated that the standard procedure was to suspend accused employees immediately to protect residents from further harm or retaliation, but this was not followed in this instance. The facility's own policies, reviewed in August 2024, clearly stated that employees accused of abuse must be suspended immediately to prevent further potential abuse, neglect, exploitation, or mistreatment. However, the failure to remove the CNA from resident care after the allegation resulted in the resident not being protected from the potential of further harm or retaliation by the accused staff member.