'It is not illegal to teach drunk': Woman arrested for child endangerment faces no charges - Yet another reason to keep your kids out of public school

by WKRC
Tue, June 11th 2024 at 4:16 PM
Updated Tue, June 11th 2024 at 8:53 PM

SUTTER COUNTY, Calif. (WKRC) - A teacher who was arrested for being intoxicated while teaching her second-grade class will not face any charges.

Wendy Munson, a second-grade teacher at Nuestro Elementary, was arrested in October 2023 when a coworker expressed suspicions that Munson was teaching while drunk.

Investigators said they tested Munson's blood alcohol content at the scene, which was two times the legal limit.

Sutter County District Attorney Jennifer Dupre said she spent months searching for something to charge Munson with, but came up with nothing.

"It is not illegal to teach drunk," she said.

Dupre initially believed Munson drove to school intoxicated, but was unable to prove it, saying "There was the possibility that she drank after she arrived at the school."

She said that to prove Munson had been publicly intoxicated, "we would have to prove that she is unable to care for herself and others, and the investigation didn't show that."

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(Photo by Jon Cherry/Getty Images)

Dupre also explained a difficulty with enforcing the child endangerment law. Dupre had to prove that Munson "would" harm the children, and not just that she "may" harm them.

"We couldn't prove that her intoxication would endanger them," Dupre said.

Despite authorities reporting Munson's BAC at double the legal limit, Dupre was not able to bring any criminal charges on the teacher.

Dupre said, "We tried because I don't like the conduct. It's not acceptable, but it's unfortunately not criminal."

Parents have expressed their concern about the precedent that this case sets. Can teachers be drunk in the classroom without punishment?

Matthew Cudney, a nearby resident, said, "If you show up to any job intoxicated, that's a fireable offense."

Nuestro Elementary's staff handbook says that violators of its alcohol-free restrictions will be terminated if termination is required by law. Munson is no longer listed on their website as a teacher, but they have not made a public comment on the situation.

Source (Archive)
 
Sutter County District Attorney Jennifer Dupre said she spent months searching for something to charge Munson with, but came up with nothing.

"It is not illegal to teach drunk," she said.
It's not illegal to do lots of things while drunk, that doesn't mean it should be allowed or tolerated.
 
in high school I had a teacher who was CONSTANTLY drunk
she was in a portable so sometimes she'd just go and pass out in her car parked next to her classroom, that was how we confirmed it wasn't sprite in the bottle
then some enterprising individual got behind the wheel of her grading computer and asked the class "WHO WANTS STRAIGHT [A]S ?"
 
If she's been caught drinking at work and was that drunk when caught on top of it, she's drinking all the time. Unless there's convincing evidence otherwise, she drove there drunk and would have driven home drunk as well.
Yup yup. Their mistake was arresting her there instead of waiting for her to leave class and start driving home. Surely if she's convinced of something like DD/DUI it would preclude her from teaching?

America is wild, man. Land of the free to teach your kids while I'm half-cut....
 
Yup yup. Their mistake was arresting her there instead of waiting for her to leave class and start driving home. Surely if she's convinced of something like DD/DUI it would preclude her from teaching?
Probably not preclude her, but she'd definitely be fired if possible and would have difficulty finding work in the state, at least in a public school. It's tough with unions and government to fire someone unless you have an airtight case, but these two in combination are hard to argue against.

Generally with professional licenses you only lose them if there are uncorrected violations complying with requirements or a serious crime involving "moral turpitude". That's defined as a crime involving fraud and/or evil intent. Evil intent basically means you intend to harm someone else in some way through your actions.
 
Really? Sign me the fuck up!
Yeah there's pretty much no regulations in most US states for homeschooling. Even California only added some after the Turpin case broke.

Check out the Rodrigues thread in BP if you want an example of the kind of shit you can get away with while homeschooling (including speculation the racist caricature-looking dad gets wasted in between watching porn in the shed in the backyard).
 
Funny story: One time a prof I had in university was going through a bad divorce and showed up to class so high he could barely open his eyes. It was the best class he ever taught.

Still, I'm fucking amazed that this isn't some kind of crime for a god damned elementary school teacher. Public intoxication at least, you'd think, right? Does a classroom not count as being public?
 
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