Complaint Investigation Report

The LPA and the Administrator conducted a brief tour of the facility. The LPA conducted a record review, and interviewed staff, residents, and responsible parties from 11:50am to 2:25pm. The LPA determined further investigation was needed.

On the allegation of 'Facility staff inappropriately touched resident'. On 07/19/2022, Investigator Bendana conducted interviews with R1, the Administrator, and Resident #2 (R2); and on 08/26/2022, with R1’s resident representative.

On 08/10/2022, Investigator Bendana reviewed the Los Angeles Police Department (LAPD) call for service report. The report stated that on 04/09/2022 at 12:41pm, officers arrived at the facility to respond to R1’s allegation that S1 grabbed R1’s genitals. The officers spoke with R1, S1, and witnesses; and, with R1’s resident representative, who stated R1 suffers from mental illness. The responding officer’s report stated the investigation revealed no crime occurred and the touching of R1’s genitals was accidental.

Information obtained through Investigator Bendana’s interviews found that R1 stated they were standing between the dining table and window when S1 stood up from the dining chair and grabbed R1’s genitals. The Administrator stated that S1 reported the incident immediately and the Administrator then called the police to investigate. Based on the incident accounts and police officers’ investigation, the officers determined no crime occurred and that S1 accidentally touched R1’s genitalia while standing up from the chair and walking by R1. There have been no prior incidents of inappropriate touching at the facility. R1 stated they have “never” seen S1 inappropriately touch others before. R1 reported that S1 had previously assisted R1 in the shower and “never” inappropriately touched R1. R2 stated they have not witnessed S1 touch anyone inappropriately and has not heard S1 make inappropriate comments. R1’s resident representative stated R1 tends to lie and previously made false “sexual assault” allegations in a different facility where R1 “imagined” someone was going to sexually assault them. R1’s resident representative does not believe R1 was sexually assaulted by S1. The photograph of the dining table overlooking the front yard shows the proximity of the dining table, chair and available standing room being minimal which could have caused S1 to accidentally brush their hands on R1’s genitals.

Based on the information obtained and statements made, the Department does not have sufficient evidence to support the above allegation. Therefore, the above allegation is deemed Unsubstantiated at this time.