Complaint Investigation Report

R2 denied R1 ever touched R2’s private parts. R1 also denied ever touching R2’s private parts. R2 mentioned R1 once attempted to touch R2’s pelvis area, but when R2 told R1 “not to do that,” R1 complied and stopped.

Staff denied seeing inappropriate behavior between R1 and R2, but Licensee stated R1 and R2 have been caught touching each other while in the living room with other clients. Licensee stated that staff would tell them to stop, and prompt that their actions should be in private, and not in public in front of clients and other staff. The licensee told San Jose Police Department (SJPD) that R2 disclosed to licensee that sometimes R2 liked being touched by R1 and sometimes R2 did not. Residents reported that they suspected something going on between R1 and R2 because they would sneak into each other’s room.

Based on information from interviews conducted with staff and residents, although the allegations listed above 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 deficiencies were cited under California Code of Regulations Title 22

This report was reviewed with Marina Gumarad as well as over telephone with Administrator Evelyn Canonizado and a copy of the report was provided.