A 57-year-old man employed at an Arizona nursing home was arrested and is now facing charges after being accused of sexually assaulting an elderly resident who suffers from dementia. On July 26, police were called to the nursing home for reports of a sexual assault.
The incident came to light when video footage from a hidden motion-activated camera, set up by the resident’s family, revealed the male facility employee sexually assaulting the elderly female resident in her room. The resident’s daughter, who initiated the 911 call, reported witnessing the employee with his pants pulled down and pushed up against her mother in the footage.
The facility director confronted the employee, finding him standing outside the room in the hallway. When questioned about his presence, the employee claimed he had just been cleaning out the garbage. Officers present at the scene obtained photos that seemed to support the alleged sexual assault. A forensic nurse later asked the resident to undergo a sexual assault examination, during which she tearfully pleaded, “Don’t make me do this again.”
The employee was arrested at the scene. Detectives gathered sufficient evidence to develop probable cause and booked him into a county jail on a $200,000 cash-only bond. The employee faces two counts of sexual assault and one count of kidnapping. Authorities consider him “an extreme danger to the community” and a flight risk.
The nursing home expressed their commitment to resident safety and emphasized their strict standards for employees, including background checks and compliance with state regulations.
Compliance Perspective
Issue
Facilities must provide a safe resident environment and protect residents from abuse, including sexual abuse. Sexual abuse can be defined as non-consensual sexual contact of any type with a resident. For any alleged violation of sexual abuse, facilities must immediately implement safeguards to prevent further potential abuse, immediately report the allegation to appropriate authorities, conduct a thorough investigation of the allegation, and thoroughly document and report the result of the investigation of the allegation. Cases of physical or sexual abuse, for example by facility staff or other residents, always require corrective action and tracking by the Quality Assessment and Assurance (QAA) Committee.
Discussion Points
- Review policies and procedures for preventing abuse, neglect, and exploitation. Ensure these procedures include monitoring of interactions between staff and residents with diminished mental capacities, and determine if improvements are needed. Update policies and procedures as needed.
- Ensure that all staff receive appropriate abuse identification and prevention training during new hire orientation and at least annually thereafter. Educate staff on appropriate interactions between employees and residents with diminished mental capacities. Also, train employees to immediately report any suspected or observed incident to a supervisor or through the Hotline. Document that the trainings occurred and file the signed training document in the employee’s education file.
- Review training records to ensure that all employees and other agents of the facility receive abuse training during new employee orientation and at least annually thereafter. Periodically audit staff performance to ensure that they are following procedures for interacting appropriately with all residents, with a frequent focus on those with diminished mental capacities.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
