A Sutter County second-grade teacher, Wendy Munson, who was arrested for DUI and child endangerment, will not face any charges. Munson was arrested in October 2023 after a staff member at Nuestro Elementary in Live Oak reported that she appeared to be teaching while intoxicated. Investigators later determined that Munson’s blood alcohol content level was twice the legal limit.
Sutter County District Attorney Jennifer Dupre stated, “It is not illegal to teach drunk.” Despite months of investigation, Dupre’s office found no grounds for criminal charges against Munson. There was a possibility that Munson consumed alcohol after arriving at the school, but it couldn’t be proven whether she drove to school drunk. This uncertainty made it impossible to file charges related to DUI or child endangerment.
“I certainly don’t support anyone teaching drunk, but I can’t charge anyone criminally,” Dupre emphasized. Parents, however, are deeply concerned about the implications of this decision, fearing it sets a dangerous precedent that could allow teachers to be intoxicated in the classroom without legal consequences.
Despite Munson being on the job with a blood alcohol content level twice the legal limit, Dupre explained, “If you show up to any job intoxicated, that’s a fireable offense.” Matthey Cudney, a Yuba City resident, echoed this sentiment, stressing that such behavior should be grounds for dismissal.
Nuestro Elementary, like most schools, enforces a strict drug- and alcohol-free policy. The district’s staff handbook mandates termination for violators when required by law. However, Dupre pointed out inconsistencies in the law regarding child endangerment, noting the difficulty in proving that Munson’s intoxication “would” endanger the children as opposed to merely “may” endanger them.
Public intoxication charges were also unviable. “We would have to prove that she is unable to care for herself and others, and the investigation didn’t show that,” Dupre explained.
Parents argue that teachers should be held to higher standards due to the trust parents place in them to care for their children. “Being a school teacher is a little bit unique because parents are entrusting their children to a teacher in the school,” Cudney said. However, the law leaves disciplinary actions up to individual school districts.
Dupre expressed frustration over the situation, stating, “We tried because I don’t like the conduct. It’s not acceptable, but it’s unfortunately not criminal.” CBS13 is seeking a response from the Nuestro Elementary School District, which no longer lists Munson as a teacher on its website.
According to the Commission on Teaching Credentialing, a teacher could potentially lose their credential for such misconduct, but this decision is made on a case-by-case basis. The handling of Munson’s case highlights the complexities and limitations of the legal system in addressing such incidents within educational settings.