Failure to Protect Resident from Sexual Abuse
Penalty
Summary
The facility failed to protect a resident from sexual abuse, as evidenced by an incident in which one resident was observed to have nonconsensual physical contact with another resident in a common area. According to the facility's records and staff interviews, one resident approached another and touched her chest without her permission or consent. The incident was witnessed by a staff member, who intervened and reported the event. The resident who was touched confirmed that the contact was unwanted and made her feel uncomfortable. The resident who initiated the contact admitted to the action and stated he did not know it was wrong because the other resident did not tell him to stop. Facility documentation, including the Abuse Prevention and Prohibition Policy, clearly states that residents have the right to be free from all forms of abuse, including sexual abuse, and that such abuse is defined as non-consensual sexual contact of any type. Despite these policies, the incident occurred in a supervised area, and multiple staff members, including the administrator, were made aware of the event through direct observation and resident reports. The records indicate that the facility did not prevent the occurrence of nonconsensual sexual contact between residents.