Failure to Protect Resident From Verbal Sexual Harassment and Ensure Timely Reporting
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from verbal sexual harassment by a CNA, in violation of the resident’s right to be free from abuse, neglect, misappropriation of property, and exploitation. The resident was an adult male with a thoracic spinal cord injury, osteomyelitis, PTSD, need for assistance with personal care, and muscle weakness. His quarterly MDS showed a BIMS score of 15, indicating intact cognition, and Section GG documented that he was completely dependent on staff for rolling, transfers, bathing/hygiene, and dressing. His care plan included interventions for hemiplegia/hemiparesis related to trauma/spinal injury and an ADL self-care performance deficit, as well as a focus on minimal emotional distress with interventions including education about a safety plan and reassurance that he felt safe to report abuse to the administrator or staff. According to the resident’s statement and interviews, in approximately November, a CNA made sexually harassing comments to him while providing care. The resident reported that the CNA told him he had a “nice ass” or “nice ass for a white boy,” stated that he would not be going anywhere but to her house if he ever left the facility, gave him her home address, and said “don’t worry boo, I’ll take care of you.” Another CNA was present in the room during at least one of these incidents while they were assisting with repositioning. The resident later stated that these comments made him feel uncomfortable, awkward, humiliated, and embarrassed, and that he felt uncomfortable with the CNA continuing to provide his ADL care afterward. He did not report the incident at the time because he feared retaliation, specifically that he would be kicked out of the facility. The deficiency was further compounded by the failure of the witnessing CNA to report the sexual remarks when they occurred. The witness CNA acknowledged being present when the comments were made and confirmed that the sexually harassing statements occurred, but she did not report them at the time. She stated that she believed the comments were not inappropriate because the resident did not seem bothered, and also indicated that she took the perpetrating CNA’s statement that she was the only witness and would deny it as a direction not to say anything. The resident continued to receive care from the CNA after the comments were made. The facility’s own policies on abuse, neglect, exploitation prevention and resident rights required that residents be free from verbal, mental, or sexual abuse and that employees treat residents with kindness, respect, and dignity, but the conduct of the CNA and the lack of timely reporting by the witness CNA led to the substantiated finding of sexual harassment toward the resident.
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