Failure to Protect Resident from Sexual Abuse by Another Resident
Penalty
Summary
The facility failed to protect a resident from sexual abuse by another resident. According to the report, a resident with moderately impaired cognition, as indicated by a BIMS score of 8, was subjected to unwanted sexual contact when another resident placed their hand down the resident's blouse in the dining area. This incident was witnessed by another resident, who observed the perpetrator removing their hand from the victim's blouse and brushing the victim's cheek. The victim reported moving their arms to protect themselves and verbally telling the other resident to stop, which resulted in the behavior ceasing. No physical injuries were identified during the assessment following the incident. The facility's policy on abuse prevention requires protection of residents from abuse by anyone, including other residents. However, the incident occurred in a common area where staff were present in the building but not specifically supervising the west dining area during the evening. The witness to the event stated that staff did not usually stay in that area during the evenings. The victim did not initially report emotional distress to staff but later expressed feelings of anger and depression related to the incident, particularly due to having to pass by the perpetrator's room daily. The perpetrator admitted to the behavior when questioned and had not previously demonstrated similar conduct. The victim declined mental health counseling when offered and initially did not want staff to be informed of their emotional response. The facility was unaware of the victim's ongoing emotional distress until informed by the surveyor. The facility's failure to provide adequate supervision and ensure the safety of the resident from sexual abuse by another resident constitutes the deficiency.