MUSKEGO — A substitute teacher accused of showing up drunk to a Muskego elementary school is facing his fourth OWI charge — raising questions about how Wisconsin tracks educator background checks.
According to a criminal complaint filed in Waukesha County, 30-year-old Christopher Garrett Rias was working as a substitute physical education teacher at Bay Lane Elementary on October 30 when staff suspected he was intoxicated.
A school resource officer wrote in the complaint that Rias’s speech was slurred, his eyes were bloodshot, and he smelled of alcohol.
Body camera video from Muskego Police shows that when asked to take a breath test, Rias blew 0.36 — more than four times the legal limit. The video then shows officers later discovering he had an active warrant related to a prior OWI case and arresting him.
According to online court records, Rias has four OWI cases on file — one from 2019 and three this year: February 12, October 21, and October 30, the day of the Muskego incident.
State records from the Wisconsin Department of Public Instruction (DPI) show Rias was issued a provisional teaching license in January 2023, valid through June 2026.
DPI’s online database indicates his most recent background check was also completed in 2023.
In a written statement to TMJ4 News, DPI confirmed Rias’ license is now under investigation and said background checks are conducted when a license is issued or renewed.
“When applying for a license, a background check is conducted,” DPI said. “Any time there is a license renewal, another background check occurs.”
Watch: State investigating teacher’s license after Muskego substitute accused of showing up drunk
The agency added that it does not receive automatic notifications when a licensed educator is charged with a new crime.
“Reports come from many sources, including school leaders, staff, victims, parents, law enforcement, community members, and news reports,” DPI said. “School districts must report to the DPI when a number of things occur, including when the person is charged with a crime as described in law.”
DPI said investigations are typically opened when the department receives information alleging “immoral conduct,” as defined under Wisconsin Statute 115.31.
Kelly Education, the staffing agency that supplies substitute teachers to area schools, confirmed to TMJ4 News that Rias worked through the company. Kelly Education said he has since been removed from all assignments and that it is cooperating with authorities.
“Our screening procedures comply with the Wisconsin Department of Public Instruction’s rigorous standards and include comprehensive background and fingerprint checks,” Kelly Education said. “We remain committed to providing a secure and productive educational environment for all students.”
TMJ4 News reached out to the principal at Bay Lane Elementary and the superintendent of the Muskego-Norway School District, but did not receive an immediate response.
Rias is currently charged with fourth-offense OWI and bail jumping in Waukesha County.
This story was reported on-air by Kaylee Staral and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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