A patient alleged that she was raped by a mental health assistant at a residential treatment facility. Prior to the rape, the assistant had administered medication to incapacitate the woman. Before hiring the employee, the facility had used a private investigation company to investigate his background. The firm found no record of criminal activity when it conducted a seven-year criminal record search in two counties where the employee had lived and worked. However, the screening firm reported that it was unable to locate high school enrollment records for him, that he had misrepresented the reason why he had been fired from a previous job (the real reason was poor attendance), and that his prior employment at two businesses listed on his resume could not be confirmed. One of these was a facility at which the employee claimed to have acquired the personal care experience that was deemed critical to his being hired as a mental health assistant. The employee was not interviewed prior to being hired. No attempt was made to require the employee to clear up any of the discrepancies found in the background check. Is the treatment facility liable for negligent hiring?