Illinois Appellate Court
Civil Court
Schools
Board of Education terminated tenured teacher for violating Board rules and policy, finding she was under influence of alcohol when she reported to work. Board's rules state that an additional factor beyond odor of alcohol, that employee must be under the influence of drugs or alcohol, must exist before disciplinary action is warranted. No evidence that teacher exhibited any impairment caused by alcohol on day in question. Blood-alcohol test result alone is insufficient to find that teacher was under influence of alcohol. Board improperly took notice of a medical handbook's suggested calculations to extrapolate teacher's blood-alcohol level upon arriving at work, 3 hours prior to test. Board's decision that teacher's conduct was cause for dismissal was arbitrary and not supported by evidence.(NEVILLE and LIU, concurring.)