Since 2022, there has been an increase in the number of Prohibited Sexual Relations Major Unusual Incident (MUI) investigations. It is important that all system partners understand what Prohibited Sexual Relations means, how it should be prevented, reported, and investigated. Raising awareness about Prohibited Sexual Relations serves as a protection for those we support and all developmental disabilities (DD) employees.

Prohibited Sexual Relations is defined in the Ohio Administrative Code 5123-17-02 as “An employee engaging in consensual sexual conduct or having consensual sexual contact with an individual who is not the employee’s spouse and for whom the developmental disabilities employee was employed or under contract to provide care or supervise the provision of care at the time of the incident”. This provision has been in the rule for over 20 years. The language was put in place solely to protect individuals.

Prohibited Sexual Relations is an Abuser Registry offense and therefore every DD employee, including department employees, county board of developmental disabilities employees, independent providers and an employee providing specialized services to an individual with a developmental disability, including an entity licensed or certified by the department, can be considered for placement on the Abuser Registry if found to have committed this offense. If your name is placed on the registry you are barred from employment as a DD employee in the state of Ohio.

Investigations into allegations of sexual assault or sexual activity are extremely complicated, no matter the circumstances. The issues are challenging, and the investigations involve questions of consent, undue influence, power dynamics, etc. We don’t want to insert our subjective judgment into these relationships. Every individual with disabilities in Ohio has different physical and cognitive abilities. Some individuals can be easily persuaded or influenced, some are unable to truly advocate for themselves, and others are unable to communicate at all.

It is impossible to know if an individual has been influenced, threatened, or just confused about their relationship with their provider, as a sexual relationship can blur the lines for an individual.

After considering this from all angles, the Department determined that the only way to effectively prevent this problem was by implementing a bright line rule prohibiting sexual relationships between unmarried individuals and their providers, no matter the situation. There is no discretion to waive this rule.

Some of the causes and contributing factors in recent Prohibited Sexual Relations MUIs include:

• Lack of professional boundaries.
• The person had a previous sexual relationship and asked the agency to hire their live in partner to provide home maker personal care supports for them.
• The agency lacks a professional code of conduct.
• The Service and Support Administrator was new and thought hiring the person’s friend, in which they were sexually intimate, would help with the staffing shortage.
• The provider did not recognize that the relationship was sexual despite multiple indicators.
• The independent provider believed that they could engage in consensual sexual relations with the individual because it was outside their scheduled hours.
• The Service and Support Administrator believed that the individual could consent because they do not have an intellectual disability.

It is important that providers and Service and Support Administrators know that this type of relations is not permissible under any circumstance. Once identified, the situation must be reported, and the paid caregiver relationship discontinued. A MUI for Prohibited Sexual Relations will be filed and investigated by a certified IA/ICF using the following incident specific requirements.

Incident Specific Requirements – Prohibited Sexual Relations

1. Describe and document the type of sexual conduct or contact.
2. Document whether or not the incident was consensual. (Note: consent does not excuse sexual contact by a caregiver with an individual when the caregiver is paid to care for the individual.).
3. Verify and document that the primary person involved was providing paid care to the individual.
4. Verify and document that the primary person involved was not married to the individual.
5. Provide a statement of any known, long-term, personal relationship the primary person involved has with the individual or other circumstances relevant to the sexual contact or conduct.

Frequently Asked Questions:

1. If the individual had a consensual sexual relationship with the person prior to that person becoming their paid service provider, is this allowable? No, this is prohibited.

2. Is it permissible for a paid provider to engage in consensual sexual relationship when they are “off the clock”? No, this is not permissible.