ALJ Reverses Harsh Sanctions in Muncie Cheating Scandal Case

An administrative law judge has reversed the harsh disciplinary sanctions imposed upon a Muncie Fire Department captain in the aftermath of the widely-known cheating scandal that wracked the department last year. Fire Captain Troy Dulaney had both his firefighting and EMS credentials revoked following investigations into alleged cheating by his students of state exams.

The Indiana Board of Firefighter Personnel Standards and Education revoked all of Captain Dulaney’s firefighting certifications and the Indiana Department of Homeland Security’s EMS Division revoked all of his EMS certifications, rendering him unemployable for a firefighter, medic, or instructor. Captain Dulaney appealed the sanctions arguing he did not knowing violate any laws or regulations; was simply trying to help his students prepare for state and national exams; that the allegations were politically motivated by those who were trying to keep him from being promoted; and the state investigators ignored relevant evidence supporting his claims. He did admit that he collected questions from those who took state exams, and shared them with students, but denied he knew that was prohibited.

According to WTHR13, ALJ Carrie Ingram concluded:

• there was insufficient credible evidence presented that Dulaney showed examinees questions and answers during the examination [that he proctored].
• He intended to obtain information [from students] to be a better instructor and help students learn the information and skills necessary to pass the … examinations. None of Dulaney’s actions constitutes fraud or material deception.
• [However, by] asking for specific questions and answers to actual examination questions Dulaney crossed the line into conduct that is inconsistent with what is right and honest.

Judge Ingram concluded the state exceeded what was proportionate in handing down what was the harshest punishments possible. She recommended that the following penalties be imposed:

• Revoking Dulaney’s EVOC (emergency vehicle operations course) instructor certificate for only two years, rather than seven, with the revocation ending in May 2025.
• Suspending Dulaney’s other EMS certifications only through the end of 2024, rather than revoking them until 2030.
• Placing Dulaney on probation for five years, with the probation ending in May 2028.

Captain Dulaney’s attorney, Chris Jeter, sent WTHR13 an email with the following:

• Troy does not wish to speak with the media. But thank you for always reaching out and trying. I would just submit that the ALJ findings tell a much different and far less egregious story than what the State reported.

The state may reject her recommendations as well as appeal the decision to court. Captain Dulaney may also appeal the decision.