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take appropriate remedial measures, and consider whether to
prohibit further contact with residents?
115.378
(a)
Interventions and disciplinary sanctions for residents
Following an administrative finding that a resident engaged in
resident-on-resident sexual abuse, or following a criminal finding
of guilt for resident-on-resident sexual abuse, may residents be
subject to disciplinary sanctions only pursuant to a formal
disciplinary process?
yes
115.378
(b)
Interventions and disciplinary sanctions for residents
Are disciplinary sanctions commensurate with the nature and
circumstances of the abuse committed, the resident’s disciplinary
history, and the sanctions imposed for comparable offenses by
other residents with similar histories?
yes
In the event a disciplinary sanction results in the isolation of a
resident, does the agency ensure the resident is not denied daily
large-muscle exercise?
yes
In the event a disciplinary sanction results in the isolation of a
resident, does the agency ensure the resident is not denied access
to any legally required educational programming or special
education services?
yes
In the event a disciplinary sanction results in the isolation of a
resident, does the agency ensure the resident receives daily visits
from a medical or mental health care clinician?
yes
In the event a disciplinary sanction results in the isolation of a
resident, does the resident also have access to other programs
and work opportunities to the extent possible?
yes
115.378
(c)
Interventions and disciplinary sanctions for residents
When determining what types of sanction, if any, should be
imposed, does the disciplinary process consider whether a
resident’s mental disabilities or mental illness contributed to his or
her behavior?
yes
115.378
(d)
Interventions and disciplinary sanctions for residents
If the facility offers therapy, counseling, or other interventions
designed to address and correct underlying reasons or motivations
yes
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