No charges for teacher who taught her class while drunk

SACRAMENTO, Calif. (CBS, KYMA/KECY) - "It is not illegal to teach drunk," said Jennifer Dupre, District Attorney for Sutter County.

The shocking discovery comes after a months-long investigation into a Sutter County second grade teacher, Wendy Munson, who was arrested last October for driving drunk and child endangerment.

"There was the possibility that she drank after she arrived at the school," Dupress expressed.

That's why Dupre couldn't file any charges, even though investigators say the teacher was on the job with a blood alcohol content level two times the legal limit.

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

Staff handbook

Consistent with most schools, Nuestro Elementary is a drug and alcohol free zone, with the staff handbook stating that for violators of this, the board shall require termination when termination is required by law.

"I certainly don't support anyone teaching drunk, but I can't charge anyone criminally," Dupre shared.

Dupre says there is also inconsistency in the law for child endangerment, saying it's a matter of proving the teacher "would" endanger versus "may" endanger the children.

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

A higher standard

But parents think teachers should be held to a higher standard.

"Being a school teacher is a little bit unique because parents are entrusting their children to a teacher in the school," Cudney remarked.

But the law disagrees, leaving it up to districts to decide how to discipline a drunk teacher.

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