Complaint Investigation Report

S1, S2 and ADM stated residents are allowed to have romantic relationships and engage in sexual activity if it is consensual. R1 and R2 are independent and have the mental capacity to engage in sexual activity. Staff are to provide a private space for residents to engage in sexual activity if requested, and inappropriate behavior is allowed as long as both parties consent. One of the 3 staff stated that at first when R2 disclosed the 2 oral sexual encounters and asked R2 if R2 was happy, R2 stated he was; however, R2 later changed his statement that the second encounter was not consensual. S2 stated that R2 told S2 of the sexual interactions with R1 a day after talked to S1. S2 further stated that he only came to know about R2 changing his story from S1.

R1 and R2 confirmed that R2 orally copulated R1 in the bathroom on two occasions. R1 stated that R2 consented on those 2 occasions. R1’s statement was reviewed indicating there were 2 incidents of sexual encounters but not reported right away. R1 indicated tha t he was afraid but reported the 2 nd incident to local law enforcement, but record didn’t prove that the incident was reported.

CM’s statement indicated that R2 and CM spoke over the phone and that R2 told CM about the encounter with R1. R2 did not say it was forced; however, R2 stated he was uncomfortable about the situation. CM suggested R2 call the police and that R2 insisted he called but was turned away which CM thought that it was unusual and R2 did not provide the date it was reported.

R3 stated that R1 does not sexually harass, touch or attempt to do anything inappropriate to him nor observed R1 flirt, engage in romantic relationships, or act inappropriately with other residents. R4 stated not been harassed, flirted with, or touched inappropriately by any residents and did not observe any residents in romantic relationships or acting inappropriately with each other.

Based on all information gathered, there is not a preponderance of evidence to prove that violation occurred, therefore the allegation is closed as unsubstantiated.

Exit interview conducted. ADM can not come to the facility to meet with LPA. AMD authorized Kenneth Lal to sign and receive this report.