Long...but HELP!

midinphx, BSN · Dec 16, 2009

You have a sexual harrassment suit. Document what happens and when with the patient. Document who you took the problem to and what was/was not done (basically, all you just said here.). You're goal is to protect yourself, and other people. This has nothing to do with your education and doesnot jeopardize your nursing career. Talk to your DON with your notes and documentation at hand. State that this is a harrassing work environment and who is her boss so you can take it there. I don't know the legal chain of command, but it is a law in AZ at least.

Good luck and don't go in his area alone.

Virgo_RN, BSN, RN · Dec 16, 2009

It is possible that the physician is aware of the behavior and that medication intended to ameliorate it is being given. What appears to be lacking, however, is any sort of careplan for this behavior, as well as safety precautions and training in place for all staff who are at risk. Maybe this article would be helpful:

http://www.annalsoflongtermcare.com/content/inappropriate-sexual-behavior-long-term-care

Virgo_RN, BSN, RN · Dec 16, 2009

You have a sexual harrassment suit. Document what happens and when with the patient. Document who you took the problem to and what was/was not done (basically, all you just said here.). You're goal is to protect yourself, and other people. This has nothing to do with your education and doesnot jeopardize your nursing career. Talk to your DON with your notes and documentation at hand. State that this is a harrassing work environment and who is her boss so you can take it there. I don't know the legal chain of command, but it is a law in AZ at least.
Good luck and don't go in his area alone.

If the hypersexuality is a symptom of the resident's disease process, then this is hardly sexual harassment. What the DON said, however, was completely inappropriate.

midinphx, BSN · Dec 16, 2009

i looked up sexual harrassment and found: "according to a current issues update from the [color=#3366cc]u.s. equal employment opportunity commission (eeoc), sexual harassment occurs, "when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."

and i really think it's about her safety and lack of support from don that upset me on this.

Virgo_RN, BSN, RN · Dec 16, 2009

i looked up sexual harrassment and found: "according to a current issues update from the [color=#3366cc]u.s. equal employment opportunity commission (eeoc), sexual harassment occurs, "when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."
and i really think it's about her safety and lack of support from don that upset me on this.

the resident is not an employee of the facility and his behavior is driven by a disease process, so therefore, his behavior is not sexual harassment.

i agree with you on the lack of support from the don being a problem.

Straydandelion · Dec 16, 2009

Some states require facillities to have a program in place for harrassment in the work place and this would be addressed in the employee handbook. I am not sure if yours does however I would have to agree, the comment of the DON was inappropriate yet with the patient being mentally compromised, am not sure what can be done except to attempt to address the issue using a group approach. PT, social services, nurses, his doctor could come up with a viable careplan. My first thought on the spur of the moment not knowing the facillity was to assign a male CNA if possible for his bath.

sasha1224 · Dec 16, 2009

As some have posted, I don't think this falls under sexual harrassment since it is a resident with a mental health condition. I would think that any care provided should have two people present. As for what happened, you probably should put the incident in writing, if you haven't done so already. From what you posted about the DON, I wouldn't put it past her/him to report it to the state board for patient neglect. I saw this recently with a nurse who was a new grad, who was reported to the board for neglect for failure to report a CNA who was verbally abusive, even though the nurse had reported this behavior to the preceptor. The preceptor said that is just how (the CNA) is. When it all came down, this new nurse was the one who took the fall. And now this nurse is having a hard time finding a job, my facility let her go because of this issue on her license. In this day, you need to be pro-active. Get this incident on paper and the responses of the DON. And seriously consider if you want to work at this facility. If this facility "looks the other way" on something like this, what else are they ignoring? Don't risk it.

morte, LPN, LVN · Dec 16, 2009

the DON maybe guilty of sexual harrassment herself with her comments about dress....and for refusing to address the behavior. Thereby allowing/condoning the harrasment (sp).

moneyline702 · Dec 16, 2009

I wish I worked with you. If he ever bothered you just call me and see if he doesn't change his tone. I'm sure seeing a 300lb, 6'3" former college football playing CNA walk in and say "Think of happy thoughts.....BATH TIME" will change his demeanor QUICK.

On a serious note, you do indeed have a case against the DON for failing to provide a safe, stable and non-hostile working environment. Yes the PT is obviously wrong in doing that and his H&P should say if this is a medically treated condition (but hey I'm no health care pro so I can't say for sure). If it doesn't then the negligence falls upon your supervisors for ignoring the ongoing issues you and others have with this person.

RNKPCE · Dec 16, 2009

Could this be reported to the police as sexual assault? I know if a patient physically hurts a staff they can press charges. Maybe then the patient will get some treatment for this or be placed in a more appropriate setting.

nicunana · Dec 16, 2009

This behavior can not be condoned. If it is indeed related to his illness, then a true assessment would be that his plan of care is NOT working & needs adjustment. Regardless, unless steps are taken to modify this behavior, even your female patients who may inadvertantly walk into his room are at risk. More than once I've read in the newspapaper that a nursing home is being sued because 1 resident has raped or molested another resident. The other residents, who are unable to look after themselves, also deserve to be protected from this type of threat. To ignore his behavior is to accept legal resposibility for whatever consequences may occur. I hope risk management & corporate are also willing to accept this risk, or your DON may be out on her ear when your facility is the center of a nice juicy scandal/lawsuit. Perhaps someone should report this behavior to them?

Good luck! No one should have to work under those conditions without support.