Wisconsin Nursing Home CNA Charged with Sexual Assault of Resident
An 18-year-old CNA, who received his certification two weeks earlier, was arrested and charged with second-degree sexual assault of a mentally ill victim and second-degree sexual assault in a treatment facility. When the defendant was questioned, he said that he was bathing a resident when the sexual assault occurred. He also acknowledged that he knew the elderly resident was not able to consent to sexual contact.
The CNA was freed on a $5,000 bond that included the condition that he can no longer work as a CNA.
FREEDOM FROM ABUSE, NEGLECT AND EXPLOITATION
Compliance Perspective
Failure to protect residents from sexual assault by an employee or another resident by not investigating alleged violations may not uncover substandard quality care and may result in the submission of false claims.
Discussion Points
- Review policies and procedures regarding investigating, preventing, and correcting alleged violations to protect residents from sexual assault by an employee, another resident, or others.
- Train staff to be aware of the criminal penalty for sexually assaulting a resident and to report any suspected incidents of sexual misconduct by an employee, another resident, or others.
- Consider auditing the training regarding abuse and neglect that all new hires receive, especially for newly certified CNAs.
