A Wisconsin man will spend three years on probation for stalking and frightening an employee of an assisted living facility following the death of his wife, who had been a resident there. The man continued trying to contact the employee and the facility even after he had been banned from the premises, authorities said. As conditions of probation, he was ordered not to have contact with the employee or to be within one mile of the facility. He was also fined $518 and ordered to undergo any other recommended programming or treatment.
According to the criminal complaint, police were called to the facility on March 8 because the man had been attempting to contact a female employee there after his wife had died. His wife had been a resident at the facility and died about a month earlier.
The man would constantly call the employee, leave notes on her vehicle, or show up to the facility to speak with her. The employee told police she had met the man after his wife died. She said she had given him a hug to try to comfort him during a hard time and had never meant for him to take things so far. She had asked him to stop contacting her.
The director of the facility told police that the man had been coming to the facility on a daily basis after his wife died, seeking out the employee. He would ask for the employee, where she was, and when she would be back to work. The director said the employee told her the man’s actions were making her uncomfortable and she didn’t feel safe in her workplace.
The director said she had spoken with the man and told him his actions were inappropriate and were making staff feel uncomfortable. The man was banned from the facility as of March 8, but returned on March 14. He argued with the director, stating he was not aware he had been banned. The director then wrote a formal letter that informed him of his ban, and police escorted him off the property.
The man was arrested after he showed up again at the facility. The director told police the man had called the employee nine times that morning and also called another employee multiple times. The director told police the employee was so afraid of him that she had locked herself inside of an office.
Compliance Perspective
Issue
Stalking is a public health problem that affects millions of people in the United States. Stalking involves a perpetrator’s use of a pattern of harassing or threatening tactics that are both unwanted and cause fear or safety concerns in a victim. Stalking occurs when someone repeatedly harasses or threatens someone else, causing fear or safety concerns. Most often, stalking occurs by someone the victim knows or with whom they had an intimate relationship. Women and men who were stalked felt fearful, threatened, or concerned for their safety or the safety of others as a result of the perpetrator’s behavior. About 69% of female and 80% of male victims experienced threats of physical harm during their lifetime. Research has shown a relationship between stalking victimization and complaints of pain and poor current health status, injury, and chronic disease. Studies have also shown that stalking can lead to psychological distress, such as depression and post-traumatic stress disorder (PTSD).
Discussion Points
- Review policies and procedures related to risk management and preventing workplace violence. One of the most useful tools a healthcare facility can develop is a Threat Assessment Team (TAT). Administration, human resources, current employees, medical and mental health professionals, and law enforcement representatives should all be included. TAT members review reports of troubling behavior of current or former patients/residents and family members, visitors, staff, and others that are brought to their attention. TAT considers the potentially threatening person’s life, identifies any potential targets or victims, and determines whether law enforcement intervention, counseling, or other actions should be taken. Early intervention can prevent situations from escalating by identifying, assessing, and managing a threat. Recognizing pre-attack warning signs and indicators could prevent a potential tragic event.
- Train staff on your policies and procedures related to preventing workplace violence. Ensure that all leadership staff are knowledgeable of OSHA’s guidelines and standards for a safe working environment. Staff should know that reporting any concerns is mandatory, and could save a life or prevent serious injury. Document that these trainings occurred and place the signed document in each employee’s individual education file.
- Periodically audit to ensure that staff are trained and knowledgeable of your policies and procedures related to preventing workplace violence, and also of their duty to report any concerns to their supervisor, the compliance officer, or via the anonymous hotline.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*