Complaint Investigation Report

9099C(1).. Allegation: Staff sexually abused resident while in care.

Complaint alleges that resident (R1) was being sexually abused by staff (S1). who allegedly hit her on her behind after she used to restroom and touched her breast inappropriately..

Resident (R1) stated in an interview that staff member (S1), was too aggressive with her and he slapped her bare bottom one day after she used the toilet. In the same interview, R1 stated she doesn't believe S1 had sexual intentions and there was only one incident and she would like to "drop the whole subject", and she doesn't want S1 to have any "strikes" against him and that if she was indeed sexually abused, she would "stand by it". R1 reiterated that what happened to her was not sexual abuse and she wants to forget the whole subject.

Administrator stated that she has had no issues with S1 for many years and he is a "super nice man" who the residents like a lot. Administrator stated that R1 immediately wanted to go home when she arrived at the facility and would have hallucinations, at times, and would "hear voices".

Staff (S1) denied both physical and sexual abuse allegations made by R1 and stated although R1 was not clinically diagnosed with Dementia, her doctor said she did have it. Resident's pre-appraisal states that resident has "some confusion, forgetfulness and hallucinations". S1 stated he has been a caregiver for a long time and knows the residents' rights and would never slap a resident or touch them inappropriately.

Resident's family member stated that R1 has a history of "making stores up" in order to be removed from the care home and has done this for the past (3) years. Resident's family member stared that S1 is a "lovely" caregiver who is kind and caring and does not believe that S1 would touch her mom inappropriately.

Based on information obtained, the Department finds the allegation to be UNSUBSTANTIATED- A finding that a complaint allegation is unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.