Complaint Investigation Report

R1’s behavioral assessment lists lying as one of R1’s targeted behaviors. R1 also has a history of making allegations of someone touching R1: In 2018, R1 accused former client R4 of touching R1 inappropriately. In 2019, R1 accused R5 of raping R1. Both incidents were unsubstantiated.

There were inconsistent statements about where and when the incident took place. R1 stated to R1’s counselor that R3 touched R1 in R1’s bedroom, that R3 continued to touch R1’s thigh, and R1 punched R3 to make R3 stop. However, R1 told San Jose Police Department the incident occurred in the living room, and that facility staff were present.

During interview with the Department, R1 stated the incident occurred in the hallway of the facility, and that R3 grazed R1’s thigh, vagina, and breast all in one motion. The Department investigator asked R1 for more information, and R1 stated to not remember.

During Interview, Administrator Fatemeh Kaykha stated that R1 has made allegations in the past about residents touching or sexually abusing R1. She stated that these incidents have been investigated. She has reviewed video footage from hallway cameras when R1 made prior accusations, and she did not observe R1 being sexually abused or assaulted.

During Interview, Administrator Abdullah Kaykha stated that R1 has a history of making allegations. He stated R1’s behavioral plan states that R1 has a behavior of making allegations. He stated that on May 2021, R1 had what seemed to him to be a panic attack while watching television in the living room with R2 and R3. R1 then went to R1’s room, and then left the facility to be with R1’s parent. Later, R1 was taken to the hospital. When the hospital discharged R1, nothing was found to be wrong with R1.

See LIC9099-C for more information. Page 2 of 3.