Community Grievance Decision Digest

SEXUAL HARASSMENT, RIGHT to be FREE FROM

The decision summaries regarding this law may be found in the document:
Community Grievance Decision Digest: Decisions. (PDF, 512KB)

THE LAW:

Each patient shall... "Have a right to a humane psychological and physical environment within the hospital facilities..."

ss. 51.61(1)(m), Wis. Stats. [Emphasis added.]

“Staff shall take reasonable steps to ensure the safety of all patients.”

DHS 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

1. 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.)

2. 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: July 12, 2010