Failure to Protect Resident from Sexual Abuse by Another Resident
Penalty
Summary
A resident with a history of inappropriate behavior towards female residents was observed grabbing and placing another resident's hand on his groin area. This incident was witnessed by a third resident, who reported the event to staff. The resident who was subjected to this behavior was cognitively impaired and had multiple diagnoses, including diabetes mellitus. The resident who committed the act was noted in previous records to have engaged in inappropriate behaviors, such as being found in a female resident's room and touching another resident's arm in the hallway. These prior incidents were not reported or addressed with interventions to prevent further occurrences. Staff interviews confirmed knowledge of the resident's history of inappropriate conduct, and facility documentation acknowledged the abusive nature of the incident. The facility's policy states that residents have the right to be free from abuse, including sexual abuse by other residents. Despite this, the facility failed to implement measures to protect the cognitively impaired resident from abuse, resulting in a violation of the resident's rights.