Failure to Protect a Resident From Sexual Abuse by a Staff Member
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from sexual abuse by a staff member. The resident was an adult male with multiple sclerosis, neurogenic bladder with a suprapubic catheter, muscle wasting and atrophy, depression, anxiety, chronic pain, and a documented need for assistance with ADLs such as dressing and eating. His care plan reflected altered functional mobility and dependence on staff for personal care. Despite this, a staff member in the role of Infection Preventionist (IP) developed a personal, non-work-related relationship with him that progressed to sexual activity. According to interdisciplinary documentation, the resident reported that he and the IP arranged to meet at a local hotel during an approved overnight LOA. He stated he left the facility with vape pens, money, and other belongings, and that the IP met him at the hotel shortly after his arrival. He alleged they spent the night together and engaged in unprotected sex, then left separately the next morning. He later noticed $300 and his vapes missing and reported that, during a video chat, he saw the IP using his vapes. He also reported ongoing communication with the IP via a social media platform, including messages, videos, and at least one image of the IP’s buttocks in thong underwear. Facility staff, including a CNA and the Activities Director, reported seeing on his phone the IP’s name, profile picture, and an image of her in thong underwear, along with numerous messages between them. The resident further reported to staff that the IP had been coming into his room frequently, that she had "used" him, and that he believed she had stolen items from him, including a Nike hoodie and possibly money. A CNA observed the IP entering and exiting his room more often than expected and leaving with large clear trash bags containing linens, though the CNA did not witness any sexual acts or theft directly. The resident also expressed concern that he might have contracted an STD from the IP and reported that she questioned him about his request for STD testing and about whether he would tell anyone about their relationship. A Deputy Sheriff who investigated stated that the IP acknowledged she had fallen in love with the resident, agreed to meet him at the hotel, and admitted there was sexual activity, and that hotel surveillance footage showed them together in a manner that appeared to go beyond a nurse–resident relationship. These events demonstrate that a staff member engaged in a sexual relationship with a resident, constituting sexual abuse and a failure by the facility to ensure the resident’s right to be free from abuse.
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