Complaint Investigation Report

Allegation: Staff sexually assaulted a resident in care.

On 10/05/22 The Department received a complaint alleging sexual assault on resident #1 (R1). It was reported that staff #1 (S1) engaged inappropriate behavior by touching and fondling (R1’s) chest.

On 10/20/22, Investigator Bendana interviewed resident #1 (R1). (R1) identified a caregiver (S1) who came into the room on 07/23/22 at approximately 9:30 pm while in bed. (S1) proceeded to give a sponge bath. (R1) described during the bath, (S1) “cuffed” and “massaged” (R1’s) chest. (R1) claimed not to call for help as no one else was in the house. (R1) did not disclose details of this incident to anyone until months later.

On 12/16/22, Investigator Bendana interviewed staff #1 (S1). (S1) denied giving (R1) a sponge bath and working the night of 07/23/22. (S1) described giving (R1) a towel, a soap, and water to clean oneself. (S1) claimed on occasions (R1) is instructed to wash oneself. (S1) reported he is never alone with (R1) as staff #2 (S2) was present during times when (S1) was instructed to clean (R1). (S1) stated if “something happened” (R1) “would have screamed” as (R1) is alert and does not suffer from mental or cognitive disabilities.

Interviews with staff #2-#4 (S2-S4) revealed no immediate concerns for resident’s health or safety. (S2-S4) claimed they never observed (S1) touch residents inappropriately. (S2) stated he was unaware of the incident until three months later when only (R1) shared some details. (S3) explained during a sponge bath, the caregiver “must” “lift” the bust area and go “around” the chest to the neck. (S3) expressed that when a male caregiver “cleans a female resident" another caregiver Is present. (S4) unaware of any inappropriate behavior, immediately removed (S1) from employment. Interview not available for residents #2-#3 (R2-R3) due to auditory impairment disability. Interviews with witnesses #1-#2 (W1-W2) were based on hearsay from (R1)'s accounts of the incident.