Failure to Protect Residents from Sexual Abuse by Staff Member
Penalty
Summary
The facility failed to protect two cognitively intact residents from sexual abuse by a staff member, specifically a male housekeeper. One resident, with diagnoses including anxiety, depression, chronic substance abuse, and PTSD, reported that the housekeeper entered the room before breakfast, touched the resident inappropriately, made sexual advances, and engaged in further inappropriate physical contact. The incident was reported to a registered nurse, and the resident expressed feeling violated and scared, with a flat affect noted during the investigation. A second resident, also with a history of anxiety, bipolar disorder, chronic substance abuse, and PTSD, reported that the same housekeeper had kissed the resident on the cheek after making other inappropriate advances. This resident initially did not report the incident, believing it had been handled, but came forward after learning of the similar incident involving the first resident. Both residents were described by the social worker as cognitively intact, able to make their needs known, and not known for making false accusations. A third resident, the roommate of the second, did not witness the alleged incident but observed the housekeeper being overly affectionate and noted the resident appeared uncomfortable. The facility's Director of Nursing acknowledged that if the incidents occurred, the facility failed to keep the residents safe and did not follow its abuse policy. The facility ultimately terminated the housekeeper's employment during the probationary period, citing inability to substantiate the allegations due to lack of direct witnesses.