Complaint Investigation Report

Allegation: Facility staff threatened resident with object.

The Department conducted interviews with staff #1-S#5 (S1-S5) and clients #1-#8 (C1-C8) from this facility. A review of incident reports and (S1’s) personnel records, In-Service Training, and other pertinent documents and found there is no evidence to support the allegation mentioned above.

Details indicated that staff #1 (S1) had threatened a resident with an object. The complainant stated through observation (S1) was engaged in a verbal altercation with a resident. The complainant claims that (S1) was not swinging the baseball bat at the resident at the time she witness this incident. The complainant did not have names, dates, times, or witnesses when the incident occur.

An interview with (S1) claims this allegation is inaccurate. (S1) denies being involved in any verbal altercation with a client or that he had threatened a client with a baseball bat. (S1) states he recalls a recent incident when a former client had accessed inside the facility by trespassing. (S1) reports there was no verbal altercation, and that the former client had a history of being violent with staff or clients when he resided at this facility. (S1) claims that the former client did not have any reason for a social visit and was asked to leave, due to COVID visitation restrictions. (S1) reported no one was hurt during the verbal exchange and that he did not use any threatening object. Upon interviews with staff #2-#5 (S2-S5) all described that this accusation is untrue and that it would be out of character for (S1) to behave in this manner. Furthermore, the staff all verified that mandatory In-Service Diversity Training are conducted. The clients revealed that they are all fond of the staff and that they are treated with the utmost respect. (C1-C8) find the general atmosphere in this facility to be peaceful and not chaotic. In addition, (C1-C8) reported they have not observed any staff with any threatening objects used to intimidate any fellow clients living at this facility. Based on the information gathered, interviews, record reviews, and observation, the Department did not find sufficient evidence to support the allegation mentioned above.

Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur. Therefore, the allegation is UNSUBSTANTIATED.

An exit interview was conducted with Rodolfo Dimatulac, and a hard copy was provided via email.