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A public intoxication charge was dismissed Thursday against a Utah County special needs preschool teacher who was accused of being under the influence of alcohol while on the job.
Kaylee Faye Hoffman, 23, resigned under threat of disciplinary proceedings when confronted by school officials on Sept. 13 at the Mount Mahogany Elementary School in Pleasant Grove.
Hoffman was cited with a class C misdemeanor, which is punishable by up to three months in jail.
But based on an affidavit from a fellow teacher — who said she was with Hoffman almost all day on Sept. 13, and that Hoffman was not drinking — the Pleasant Grove City prosecutor filed a motion to dismiss the case.
Pleasant Grove Justice Court Judge W. Brent Bullock signed the dismissal order on Thursday.
According to the affidavit, signed by 17-year veteran teacher Joanna Meacham, there was no evidence indicating Hoffman had been drinking or was under the influence.
The initial accusation came from one of Hoffman's aides, who went to the school's principal, Scot Westover, and reported she smelled alcohol on Hoffman's breath, according to Meacham's affidavit.
Westover spoke to Meacham, who explained she had been with Hoffman the entire day — beginning with a 4 a.m. walk — and had seen no signs of alcohol or impairment. The principal told Meacham "everything should be fine," but five minutes later he told Meacham that someone had called the police, according to the affidavit.
The police officer who arrived said they were called by someone named Dave.
Hoffman was informed of the accusation and agreed to take a Breathalyzer test, which did not show any signs of impairment, Meacham said.
Westover then decided to call school district officials.
Meanwhile, Meacham returned to the classroom she had shared with Hoffman that day and learned from an aide that another aide, Jill Lamb, had claimed she smelled alcohol in a cup of diet cherry cola sitting on Hoffman's desk.
Meacham said the drink was one she had bought for Hoffman on the way to work that morning.
Soon after, Kay Clark, director of special education for the school district, arrived and tasted Hoffman's drink, as well as another drink Meacham had bought for Hoffman at lunchtime. Clark declared he tasted no alcohol in the drinks, according to Meacham, who said she also tasted them.
Meacham's affidavit sums up by saying that Hoffman demonstrated nothing but "the most professional, capable and organized conduct while at school and in the classroom with the children. Kaylee did not show any signs that she would be a danger to herself or to anyone else present in the classroom or at school."
Pleasant Grove Police Lt. Mike Roberts has said that although Hoffman didn't appear drunk, she was cited "because she had special-needs children under her direct care," and under Utah law, intoxication is "just the consumption of alcohol as a danger to yourself or others."
Pleasant Grove City Attorney Christine Petersen confirmed Thursday that her office had no plans to pursue further prosecution of Hoffman.
"Yes, the charges were dismissed because the elements of the crime charged did not match the facts of the incident," Petersen said.
Alpine School District spokeswoman Rhonda Bromley said she knew of no plans by the district to offer to reinstate Hoffman.
"The day of the incident she did resign," Bromley said. "She would need to come forward, and since that day we have not heard from her."
Bromley said it would be inaccurate to say Hoffman's resignation had been submitted "under pressure," though she did acknowledge that "what would have happened if she had not resigned would be that there would have been a suspension pending investigation. None of that happened, because of her resignation."
Bromley said that the district believes the important point to take from the incident is that "it is not acceptable for any employee in Alpine School District to be under the influence or intoxicated [while teaching]. ... Our biggest concern always is the safety of these kids."
Hoffman could not be reached for immediate comment Thursday. Her attorney, Jason Ahlmann, declined to discuss the dismissal until he obtained a copy of the dismissal order.
It was uncertain what effect the dismissal may have on the status of Hoffman's teaching license, which she had earned just prior to taking the job in Pleasant Grove in December 2010.
Initially, school officials had reported Hoffman's performance on the test was above the legal blood-alcohol driving limit of 0.08, but police later corrected that, saying it was closer to .04, well under the limit.
— Reporter Steve Hunt contributed to this story