No charges will be filed against California teacher arrested for drunk driving and child endangerment: “It is not illegal to teach while drunk.”

SUTTER COUNTY – No charges will be filed against a Sutter County elementary school teacher who was arrested on drunken driving and child endangerment charges.

Wendy Munson was arrested in October 2023 after a staff member at Nuestro Elementary in Live Oak reported that he believed Munson was teaching while intoxicated. Investigators said Munson’s blood alcohol level was twice the legal limit.

“It is not illegal to teach while drunk,” said Sutter County District Attorney Jennifer Dupre.

Dupre said they investigated the case for months but were unable to file charges.

“There is a possibility that she may have been drinking after she arrived at school,” Dupre said.

At the beginning of the investigation, it was believed that the second-grade teacher had driven to school while drunk, but Dupre’s office could not prove this.

“I certainly don’t support anyone teaching while drunk, but I can’t prosecute anyone,” she said.

Parents are concerned about the precedent this sets if teachers are drunk in class.

For this reason, Dupre could not be charged, even though investigators said the teacher was on duty with a blood alcohol level that was twice the legal limit.

“If you show up to a work meeting drunk, it can get you fired,” says Matthey Cudney, who lives in Yuba City.

Like most schools, Nuestro Elementary in Live Oak is a drug and alcohol free zone. The district’s personnel handbook states that violations of this policy may result in termination by the board if termination is required by law.

Dupre said there are also inconsistencies in the child endangerment law. She explained that it comes down to proving whether the teacher “would endanger” or “could endanger” the children.

“We couldn’t prove that her intoxication would put her at risk,” Dupre said.

Dupre also failed to prove that he was drunk in public.

“We would have to prove that she is unable to care for herself and others, and the investigation did not show that,” she said.

Parents believe that higher standards should be placed on teachers.

“Being a teacher is special because parents entrust their children to a teacher at school,” Cudney said.

The law sees things differently and leaves it up to the districts to decide on the type of discipline.

“We tried it because I don’t like the behavior. It is unacceptable, but unfortunately not punishable,” said Dupre.

CBS13 is still working on a response from the Nuestro Elementary School District. Munson is no longer listed as a teacher on the website.

According to the Commission on Teaching Credentialing, a teacher who engages in such misconduct could lose his or her teaching license, but this is decided on a case-by-case basis.