Failure to Prevent Staff Sexual and Financial Exploitation of a Resident
Penalty
Summary
The facility failed to protect a resident from exploitation when a GNA engaged in a prolonged sexual and financial relationship with the resident. The incident came to light when the resident reported to the Administrator that the resident and GNA #13 had been in an on-and-off relationship for about a year, during which they had sexual intercourse many times, including in the resident’s room within the facility and at a motel. The resident, who had a BIMS score of 15/15, was alert, oriented, and assessed as having decision-making capacity. The resident consistently stated the relationship was consensual, never felt forced or pressured, and denied being raped, coerced, threatened, or physically harmed. The resident also stated they did not regret the relationship and would not change what occurred, and did not want law enforcement involved. Despite the resident’s statements of consent, the relationship involved a staff member borrowing approximately $400.00 from the resident, which the resident reported giving voluntarily around August 2025. Text messages between the resident and GNA #13, using the phone number the GNA had provided to the facility upon hire, documented the GNA’s request to borrow $400.00 and the resident’s agreement, as well as explicit language confirming an ongoing sexual relationship and plans for the GNA to visit the resident. Staff witness statements showed that at least two staff members had suspicions about the relationship but did not report their concerns. The DON and Executive Director both stated that staff are expected to remain professional, not engage in sexual relationships with residents, and not give or accept money from residents, indicating that the GNA’s conduct and the unreported suspicions by other staff were contrary to facility expectations and contributed to the failure to ensure the resident was free from exploitation.
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