Failure to Protect Residents from Sexual Abuse by Staff Member
Penalty
Summary
Facility staff failed to protect two residents from sexual abuse, resulting in harm. One resident, with diagnoses including mechanical complications of a hip prosthesis, chronic kidney disease, and major depressive disorder, was cognitively intact and reported multiple inappropriate sexual comments and gestures from a receptionist. These included explicit verbal statements, the display of a sexually explicit image, and suggestive gestures such as blowing kisses and making smacking sounds. The resident reported these incidents to the Activities Assistant and expressed feelings of humiliation, anger, and emotional distress during interviews. A second resident, also cognitively intact and with diagnoses such as metabolic encephalopathy, cirrhosis, muscle wasting, and end-stage renal disease, reported that the same receptionist made explicit sexual comments on more than one occasion, including while the resident was being informed about transportation. The receptionist also attempted to lure the resident into a darkened office. These incidents were corroborated by staff interviews and a closed record review. Additional staff members, including a CNA and a Transportation Driver, reported similar inappropriate sexual advances and physical attempts by the receptionist. The CNA did not immediately report the incident to management, only disclosing it when questioned days later. The facility's policy clearly states that residents have the right to be free from all forms of abuse, including sexual abuse, but staff failed to prevent or promptly address the receptionist's actions, resulting in substantiated harm to multiple individuals.