A Wisconsin man, 74, who was convicted of stalking an assisted living facility employee last winter following the death of his wife, repeated the behavior earlier this month according to police. He has been charged with a felony count of stalking, and a $5,000 cash bail was set for him. He is prohibited from having contact with the employee, and cannot be within one mile of the facility. He will return to court in January.
In September, the man was sentenced to three years of probation after pleading guilty to a felony count of stalking. In that case, he had been attempting to contact a female employee at the facility after his wife had died. His wife had been a resident there until her death one month earlier. The employee had given him a hug to try to comfort him, and he had taken it the wrong way. The employee then asked him to stop contacting her, but he repeatedly called her, left notes on her vehicle, and would go to the facility daily to try to speak with her.
The director of the facility had spoken with him and told him his actions were inappropriate and making staff feel uncomfortable. He persisted in his behavior and was banned from the facility on March 8. He returned to the facility on March 14 and 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. Police subsequently escorted him off the property. He told the police that he had done nothing wrong, and he was then arrested. He was fined $518 and ordered to undergo any recommended programming or treatment. He was also ordered not to have contact with the employee or to be within one mile of the facility.
According to the new criminal complaint, the man went to the facility two days in a row and left notes on the vehicle owned by the employee he had stalked earlier. A facility official expressed frustration at the man’s resumption of stalking. She said her employees should not be receiving notes from him left on their vehicles after he had been previously arrested for doing that. The employee is very upset and worried that the man might do something to hurt her if he isn’t stopped.
Police spoke with the man, and he admitted to driving to the facility, and also to leaving notes on the employee’s vehicle. He is now being prosecuted as a repeat offender based on his earlier stalking conviction.
Compliance Perspective
Issue
Stalking is a public health problem that affects millions of people in the United States. Stalking occurs when someone repeatedly harasses or threatens someone else, causing fear or safety concerns. It 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. Most often, stalking occurs by someone the victim knows or with whom they had an intimate relationship. 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). Women and men who were stalked said they felt fearful, threatened, or concerned for their safety or the safety of others as a result of the perpetrator’s behavior. About 69 percent of female and 80 percent of male stalking victims experienced threats of physical harm during their lifetime.
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 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 immediately 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.*
