Failure to Act on Sexual Abuse Allegations and Protect Resident
Penalty
Summary
The facility failed to act on multiple reports of sexual abuse and inappropriate touching made by a resident against another resident. Despite the victim repeatedly reporting the incident to various staff members, including a nurse aide, social worker, Guest Services Director, and administration, the facility did not treat the allegation as abuse. Instead, the incident was logged as a customer service grievance, and no abuse investigation was initiated. The resident's requests for a witness statement from another resident who observed the incident were ignored, and the staff member who initially received the report did not escalate it, believing someone else had already been told. The administration and Director of Nursing were made aware of the incident but failed to report it as required by policy, and no immediate interventions were put in place to protect the resident from further harm. The resident described feeling violated, unsafe, and emotionally distressed, leading her to isolate herself in her room and avoid the alleged perpetrator. Interviews with other residents and a witness confirmed the inappropriate touching and indicated that such behavior had occurred previously, sometimes being dismissed or laughed at by staff. The facility's inaction persisted for six days after the initial report, during which time the victim continued to feel unsafe and unsupported. The administration's failure to identify, investigate, and report the abuse, as well as to protect the resident from further harm, resulted in significant psychosocial and emotional distress for the resident. The facility's policies on abuse prohibition, identification, and reporting were not followed, and staff were not adequately educated or held accountable for proper abuse reporting procedures.