Educator suspended for showing up to school intoxicated.
Docket Number: 1636724 , Decision Date: July 14, 2016
Attachment: Click here to download the decision.
The results of a preliminary breath test performed on a portable device were entitled to no evidentiary weight absent evidence that the device was approved for use as an initial alcohol screening device, and could not support the Professional Standards Commission’s finding that a teacher showed up to school intoxicated, especially where the officer who performed the test could not recall testing the teacher or the results of the test. However, the Commission met its burden to demonstrate that the teacher was intoxicated through evidence that the educator admitted to consuming alcohol the night before, had a friend drive him to school, arrived late to school the day of standardized testing, and engaged in conduct indicative of intoxication.