Complaint Investigation Report

Staff interviews corroborated that R1 is usually watched over during the night by staff S1, and occasionally by another staff member, identified as S2, who is the opposite gender of R1. Staff interviews also corroborated that R1 had always made moan-like noises in their sleep, regardless of if it were S1 or S2 watching over them. Per file review of the incident report from the facility submitted to the Department, a medical exam was performed on R1 and no indication of assault was found. Interview with the outside source medical professional confirmed that the exam was conducted and that no evidence of sexual assault was noted.

Staff interviews revealed that that there was most likely a language misunderstanding regarding S1 being homosexual. Majority of facility staff speak the Tagalog language which is not gendered and S1's spouse was referred to by pronouns of the same gender of S1. Staff interviews corroborated that S1's spouse was indeed someone of the opposite gender of S1. Interviews with residents revealed no concerns for their safety and care at the facility. Interviews with other outside sources revealed no concerns about resident care or safety as well.

Based on interviews and records review, while the allegations may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violation occurred – therefore the allegation have been determined to be UNSUBSTANTIATED. An exit interview was conducted with Administrator Millan to whom a copy of this report and the Licensee/Appeal Rights (LIC 9058) were provided. Their signature below confirms receipt of these documents.