Unsupported breathalyzer test results not considered in appropriateness of sanction.

Topic: Educators, Decided by Judge Malihi 
Docket Number: 1512159 , Decision Date: 2015-03-03 
Attachment: Click here to download the decision. 

The results of a breathalyzer test obtained from an educator who came to school intoxicated were not admissible in the determination of the appropriateness of her sanction.  Because the technician who administered the test did not testify at the evidentiary hearing, inclusion of the test results would deny her the right to confront and cross-examine witnesses.  However, the educator was still subject to a sanction inasmuch as there was sufficient evidence of her intoxication even absent the test results.