Complaint Investigation Report

Upon witnessing the incident, W1 went to notify Witness 2 (W2). When W1 came back, the same staff was observed getting the iPad and was fidgeting with it.

W1 added that the incident happened around lunchtime and day program was playing music on the screen. W1 states it is usually free time, whatever the clients choose to do. Day program staff use a laptop and has the mode where everyone can be seen. C1 has short hair so you could see the staff hand. S1 states C1 did not really have a reaction when sprayed, “just closed eyes and went back to zoom.” W1 added, “was able to see staff's hands close in on the hair because C1 was low to the ground.”

LPA Tellez interviewed the Administrator, Arvir Javier. The Administrator states Staff 1 (S1) was informed about the incident. He states that S1 noticed C1’s face was redder than normal and thought they were overheating. C1 was noticed cross legged with hair down. The Administrator states “usually they are sprayed in the neck.”

Based on interview conducted with S1, S1 states that they tried to hold C1’s hair back to spray on the forehead, but C1 jerked head back and ended up spraying in the face. S1 denied pulling C1’s hair. S1 was worried that C1 was overheating and was trying to cool C1 down. S1 also denied taking C1's IPAD. S1 states C1 has already been on for 2.5 hours, but usually on for 4-5 hours. Based on C1's attention span, C1 will only tolerate being on zoom for 1 to 1.5 hours. C1 would rather be napping. C1's attention is minimal if at all.

The Administrator states police also visited to conduct a welfare check. They came in and looked at C1. C1 didn't respond. They said there was no immediate action needed on their part.

Due to conflicting information obtained from interviews conducted, the above allegations are unsubstantiated.

Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated.

No deficiency noted. A copy of this report was provided to Javier.