Failure to Provide Safe Means for Sexual Expression and Privacy
Penalty
Summary
The facility failed to uphold residents' rights to a dignified existence, self-determination, and safe sexual expression for three sampled residents who were sexually active. The facility's policy required that residents be informed of their rights, including the right to privacy, reasonable accommodation of preferences, and participation in social activities, provided these did not infringe on others' rights. Despite this, interviews and record reviews revealed that the facility did not provide access to condoms or a designated private area for residents to engage in consensual sexual activity. One resident, with a history of psychiatric disorders and a guardian, was found to have the capacity to consent to sexual activity but reported no interest in sexual activity and noted the absence of condoms and uncertainty about private spaces. Another resident, with multiple mental health diagnoses but no history of sexual inappropriateness, was also cognitively intact and expressed interest in sexual activity, stating that condoms were not available in the facility. A third resident, with a history of schizoaffective disorder and substance dependence in remission, also had the capacity to consent and expressed a desire for both condoms and a private space, recalling that such resources were previously available but no longer provided. Facility leadership acknowledged that while they had discussed providing condoms and private spaces, they did not implement these measures due to a perceived lack of expressed interest from residents. Interviews confirmed that residents had not been offered sexual health resources or education recently, and the facility had not pursued further action to support safe sexual activity, despite residents' rights and expressed needs.