Long...but HELP!

[Jay2daq]

So here is my situation:

I am a nursing student in my junior year while working 2 jobs. I work as a CNA in the hospital as my main source of income, and i work as a CNA in a nursing home to pick up periodic shifts here and there....so its not that often.

So my dilemma is in with my job at the nursing home. i work in the dementia unit, and i've been there for four years i am used to all sorts of different situations. however; one of our newer male residents has gone far beyond my comfort level.

He literally hits on the younger, more "attractive girls." We are used to him making remarks like "Get into bed with me sexy" "I like your body"....or him just plane pleasing himself when one of the younger more "attractive" girls is present. he does get hard, quite often....like when a girl just walks into his room is like BAM!! ok so RARLEY does it ever become a huge issue...like, he makes comments but if we state "No, i am married" (even though were not) he will give it up for a while. So the last several times he has actually cornered me in his room, with him hard stating "Do you like it? huh? do you like it?"....he has grabbed my butt numerous times. I read back in his charts and noticed that he has been doing this almost every shift!! literally, NOTHING has been done. Like i know there isnt a whole lot you can do about it....but its like its being ignored! It is such a violation to us as workers.

So the other day he corners me in his bathroom and grabs my breasts and says "OoOo those are nice, im going to get lucky"...without saying anything i just forced my way out of it and left. i got the nurse and stated "You finish his cares...i am done!"

well....it got reported to the DON that "I did not do my job and finish a residents cares"

Ok...so i really stood up for myself stating this is a HUGE violation of my privacy. and the DON goes on and on about how "he doesnt understand, and he doesnt know what he is doing"

SO THAT MAKES IT OK?!? no....i should NOT have to go through with that at work, i don't care how confused he is...i should not have to put up with someone groping me. And the fact i got in trouble for refusing to finish his cares? what the heck was i supposed to do??? let him sit there and grope me? i dont think so.

So i really argued with her....i speak my mind!!! she was like "Well if you girls would not wear your clothes so revealing"

WHAT?!?!?! they are SCRUBS!!! ok, i wear normal scrubs like anyone else....i dont wear them tight, i don't cut them so my clevage hangs out, i dont wear them where my underwear sticks out. i wear them just like anybody else.....

the DON wont do anything about this.....the fact i am in nursing school, i do not want to risk ANYTHING. i have a huge fear that something is going to happen and i could have reports filed against me and what not.

What would you do??? I requested not to work with him and she pretty much ignored what i requested stating i am over-reacting. Is it wrong to ask that?? i cannot risk my nursing career.!!!

[midinphx, BSN]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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.