MUNCIE, Ind. — A Muncie fire captain accused of helping EMTs and firefighters cheat on their exams has scored a significant legal victory that might save his job.
An administrative law judge released two orders this week that largely overturn prior disciplinary decisions against Troy Dulaney to revoke all of his firefighting and EMT certifications. If the nonbinding orders are accepted by the state, it would clear the way for Dulaney to return to his job at the Muncie Fire Department rather than facing an abrupt end to his 20-year career as a first responder.
Allegations of widespread cheating
The longtime firefighter made headlines in 2023 after sources inside the Muncie Fire Department sent packets of information to 13News and the Indiana Department of Homeland Security.
The packets contained evidence claiming that Dulaney had allegedly pressured fellow MFD colleagues to provide him with questions and answers they saw on their EMT and firefighter certification exams. The evidence also claimed Dulaney then shared those questions and answers with other new EMT and firefighter recruits to help them pass their upcoming tests. Collecting actual test questions and answers and sharing them is a violation of both test rules and state law that can result in serious disciplinary action.
Following a lengthy investigation by the Indiana Department of Homeland Security that included interviews with Dulaney and at least ten other MFD employees, two state agencies decided to impose harsh punishment. Indiana’s EMS director revoked all five of Dulaney’s EMT certifications and the Indiana Board of Firefighter Personnel Standards and Education voted to revoke all 62 of Dulaney’s firefighter certifications. The punishments are the most severe professional discipline available under Indiana law and would essentially end Dulaney’s career as a firefighter and EMT in Indiana.
Dulaney appealed the orders to an administrative law judge, insisting he did not knowingly violate any statute and arguing that state investigators were unfair and ignored important details.
Daylong 'trial' results in denials and confessions
This summer, Dulaney acknowledged to 13News that he had been "in hiding" for more than a year following allegations that he had organized a cheating scheme inside the Muncie Fire Department. His silence ended when the fire captain appeared at a administrative law hearing in late June to defend himself against the allegations and to seek a different outcome.
"All I ever wanted to be was a Muncie firefighter. I didn't want to be a firefighter anywhere else," Dulaney told administrative law Judge Carrie Ingram.
During the 10-hour hearing, Dulaney acknowledged he did collect test questions from his EMT students, and he also admitted he sent those students a text that said, "You guys owe me."
That controversial text instructed the students that at some point after their test, they needed to text Dulaney individually with any exam questions and verified answers they could recall. The message from Dulaney also said, "I want to see how much you are willing to invest back in to me."
Several of the students in his EMT class testified at the hearing that they felt pressured to provide Dulaney with the questions and answers because they considered the text to be a direct order from a superior.
But Dulaney told the ALJ he did know that collecting and distributing test questions violated any rules. He also told Ingram the cheating allegations were politically motivated and fabricated by those who feared Dulaney’s intense demeanor and who wanted to deny him a rightful promotion.
Dulaney insisted he did not help students cheat, testifying that the dozens of questions he texted students before their exams came from a study book – not from the test questions he harvested from students. He also claimed state investigators were biased during their investigation, failing to interview individuals who could provide important information and ignoring facts that were beneficial to his defense.
Several current and former employees testified on Dulaney’s behalf, telling the ALJ that Dulaney has a strong work ethic and character.
"I have not seen an officer more dedicated to the … advancement of our personnel," one co-worker told the judge.
"Captain Dulaney is the best at what he does," added a former supervisor.
Dulaney’s attorney, Chris Jeter, told the judge that the state’s case against his client boiled down to a handful of text messages taken out of context, resulting in misguided conclusions and unwarranted penalties that far outweigh any potential violations.
Judge orders major reversals
After listening to the all of the testimony and reviewing the evidence presented, the administrative law judge has now released her findings.
When it comes to Dulaney’s status as a firefighter, Ingram reversed the state’s previous order to revoke all 26 of his firefighter certifications. The ALJ said "there was insufficient credible evidence presented that Dulaney showed examinees questions and answers during the [one firefighter] examination" that he proctored.
Without that evidence involving cheating on any firefighting tests, Ingram said the Board of Firefighter Personnel Standards and Education overstepped its authority when it revoked Dulaney’s firefighting certifications based on alleged misconduct that occurred while he helped prepare EMT students for their national EMT exam.
As far as Dulaney’s emergency medical service (EMS) certifications, the ALJ wrote, "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." She also determined some of the testimony offered against Dulaney by some of his colleagues was not credible.
RELATED: Muncie fire captain receives harshest penalty possible for role in 'extended' exam cheating scandal
But Ingram said even though Dulaney may have had good intentions, his actions still rose to the level of "immoral conduct." In her decision, the ALJ wrote, "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."
That violation of state law is eligible for punishment by state regulators, but the ALJ said the decision by the state’s EMT director to revoke all of Dulaney’s EMS certifications for seven years — the harshest penalty allowed — "exceeds the gravity of Dulaney’s actions."
Instead, she modified the punishment to include the following recommended penalties:
- 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.
It means Dulaney could soon get exactly what he wants: returning to work as both a firefighter and EMT.
"I'm fighting to get back to it because I feel there's more to do," he told the ALJ while testifying in June. "I want to be impactful in my community."
What happens next
The ALJ’s decisions are not final. Both the state and Dulaney can appeal Ingram’s orders and recommendations.
Even if they do not appeal, the ALJ’s orders and recommendations then go back to the Board of Firefighter Personnel Standards and Education and to the Indiana Emergency Medical Services Commission to determine whether those bodies accept the ALJ’s nonbinding recommendations to reverse and modify Dulaney’s punishments or if they want to instead stick with their previous findings and penalties. The groups can issue their own final orders or send the matter back to the ALJ for additional proceedings.
And if either party is not satisfied with that outcome, they can then appeal once again to a local court.
"We are huddling up to discuss the next steps. No decisions yet," Dulaney’s attorney, Chris Jeter, told 13News, adding that his client is not yet ready to discuss the ALJ’s decisions.
RELATED: 'No indication' Muncie Fire Department investigated allegations that led to cheating scandal
"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," he wrote in an email.
David Hosick, a spokesman for the Indiana Department of Homeland Security — the state agency that includes both the Indiana EMS director and the Emergency Medical Services Commission — said IDHS is considering whether to file an appeal.
"The agency has 15 days to decide next steps. We will not be providing comment until that takes place," Hosick said.
Will Dulaney keep his job?
While state regulators are determining how to respond to the ALJ’s decisions, administrators at the Muncie Fire Department are doing the same.
MFD fire chief Dan Burford told 13 Investigates Thursday afternoon that he had not yet received a copy of the ALJ’s decisions, but he expected to have a copy to review with the city’s legal counsel by Thursday night.
"We’re going to have to do a thorough review and then decide where the department will go and whether there will be any discipline," Burford said, after 13News shared a summary of the judge’s findings and recommendations. "The administrative law judge did find there was some immoral behavior. Morality is important to us. The fact that she recommended suspension through the end of the year has some gravity to it."
While the Muncie Fire Department has placed Dulaney on paid administrative leave for 16 months pending the outcome of the state’s investigation and disciplinary process — a move that Dulaney said "turned my life upside down" — so far, Dulaney has faced no formal disciplinary action by MFD related to the cheating allegations. Burford said any future decision regarding discipline might involve the Muncie Fire Merit Commission.
"Where we go from here? I can’t say yet, but I’m glad we’re starting to see light at the end of the tunnel," the fire chief said.
