Hospice of Rutherford County

Category:Human ResourcesCode:HR034

Subject:Sexual Abuse By EmployeePage:1 of 2

Policy:Hospice of Rutherford County protects and promotes the rights of patients and representatives of patients.Hospice prohibits sexual abuse in the workplace and in any organization-related activity and provides procedures to report, investigate and implement corrective action, including disciplinary action up to and including termination of employment and criminal prosecution.No employee, patient and/or third party has the right or authority to allow sexual abuse.

Definition of Sexual Abuse:

Sexual abuse is inappropriate sexual contact of criminal nature or interaction for gratification of the adult who is a caregiver and responsible for the patient or child’s care.Sexual abuse includes sexual molestation, sexual assault, sexual exploitation, or sexual injury, but does not include sexual harassment.Any incidents of sexual abuse reasonably believed to have occurred will be reported to appropriate law enforcement agencies and regulatory agencies.

Sexual Abuse Signs:

Physical and behavioral evidence or signs that someone is being sexually abused are considered to be:

I.                     Physical evidence of abuse:

A.     Difficulty in walking

B.     Torn, stained or bloody underwear

C.    Pain or itching in genital area

D.    Bruises or bleeding of the external genitalia

E.     Sexually transmitted diseases

II.                   Behavioral signs of sexual abuse

A.     Reluctance to be left alone with a particular person

B.     Wearing lots of clothing especially in bed

C.    Fear of touch

D.    Nightmares or fear of night

E.     Apprehension when sex is brought up

Reporting Procedures:

Upon awareness or suspicion of sexual abuse, an employee must immediately report concerns to his/her supervisor, the Administrator-On-Call or the Executive Director.An occurrence report is completed.If the suspected abuse is of an adult, Hospice of Rutherford County reports the abuse to the local Adult Protective Services (APS) Agency by contacting the Department of

Hospice of Rutherford County

Category:Human ResourcesCode:HR034

Social Services (adult-828- 287-6165).If the suspected abuse is of a child, Hospice of Rutherford County reports the abuse to the local Child Abuse Agency, Department of Social Services (child- 828-287-6199).Hospice of Rutherford County notifies the appropriate family members of the allegations.Additionally, Hospice of Rutherford County will report the alleged sexual abuse to its insurance agent.

Anti-retaliation:

Hospice of Rutherford County prohibits any form of retaliation made against any employee, patient or patient representative who reports a “good faith” complaint of sexual abuse or who participates in any related investigation.Charges of sexual abuse are a serious matter.Making frivolous accusations can have serious consequences for those who are wrongly accused and who wrongly accuse.Hospice of Rutherford County prohibits knowingly making false and/or malicious sexual abuse allegations, as well as deliberately providing false information during an investigation.Anyone who violates this policy is subject to disciplinary action, up to and including termination.

Investigation and Follow-up:

Investigation must be initiated by an Administrator no later than 24 hours following receipt of report of abuse.Hospice of Rutherford County takes all allegations of sexual abuse seriously and will promptly and thoroughly conducts a fair, impartial investigation.Additionally, Hospice of Rutherford County will use an outside third party to assist with the investigation.It is the intentions of Hospice of Rutherford County to cooperate fully with any investigation conducted by law enforcement or other regulatory agencies.

During the investigation the staff member alleged to have committed sexual abuse is placed on an unpaid leave of absence or reassigned to non-patient contact.During an investigation involving an accused volunteer, the volunteer’s service to Hospice of Rutherford County will be suspended.

Hospice of Rutherford County will make every reasonable effort to keep the matters involved in the allegation as confidential as possible while still permitting a prompt and thorough investigation.

Training and Communications:

1.      All employees and volunteers shall receive a copy of the Sexual Abuse Policy.Acknowledgement of receipt will be filed by the organization.

2.      A copy of this policy will be posted on the bulletin board(s.)Revisions of this policy will be distributed as they occur.

3.      All employees are trained annually on this policy.

4.      Administrators are trained re: investigation procedures.