Community Grievance Decision Digest
SEXUAL HARASSMENT, RIGHT to be FREE FROM
THE LAW:
Each patient shall...
"Have a right to a humane
psychological and physical environment within the hospital
facilities..."
§ 51.61(1)(m), Wis. Stats. [Emphasis
added.]
“Staff
shall take reasonable steps to ensure the safety
of all patients.”
HFS 94.24(2)(a), Wis. Admin. Code [Emphasis added.]
"Each
patient shall be treated with respect
and with recognition of the patient’s dignity
by all employees of the service provider and by all licensed, certified,
registered or permitted providers of health care with whom the patient
comes in contact.”
HFS
94.24(2)(b), Wis. Admin. Code [Emphasis added.]
DECISIONS
-
A
patient was a recovering
alcoholic who experienced a relapse
after six months of sobriety. He
visited a priest while he was intoxicated.
He ended up in detox that night.
Upon intake, he alleged
that the priest had sexual assaulted him.
He made those allegations while he was still
intoxicated. The staff at the detox facility took no actions on
the allegations. It is normal
procedure to wait until
a patient is no longer
intoxicated to address such issues.
Later, when he was no longer under the influence of alcohol, he
denied that any assault had occurred.
It was reasonable for the staff to accept the later, sober,
statements over the prior intoxicated ones. He was released the day
after being admitted and did not pursue criminal charges against the
priest. No
rights violation was found in the manner in which the staff dealt
with his allegation of assault. (Level IV decision in Case No.
00-SGE-16 on 8/14/01, upholding the Level III.)
-
A
mother complained that her daughter’s
therapist reported sexual
abuse to the county social worker.
The therapist learned that a teacher at her daughter’s home
school had touched the young woman inappropriately. The therapist
reported the allegations to the county social worker.
The county Social Services department then got the police
involved. The police came
to the home school to arrest the teacher.
This situation was stressful for both mother and daughter.
The incident met the legal definition of sexual abuse.
Since she was a minor,
law mandates the reporting of the allegation. The
therapist’s actions were professional and appropriate.
(Level III Decision in Case No. 03-SGE-02 on 12/26/03.)
Last Updated: November 13, 2006 |
