Does section 44944(e)'s attorney fee provision survive invalidation of its hearing cost provision?

The issue whether section 44944(e)'s attorney fee provision survives invalidation of its hearing cost provision is not properly before us. Neither party has briefed the issue, and the lower courts did not consider it. (See People v. Crittenden (1994) 9 Cal.4th 83, 153, 36 Cal.Rptr.2d 474, 885 P.2d 887 ["Generally, we do not consider contentions unsupported by argument or authority."].) In any event, we reject the state's contention that elimination of the attorney fee provision, together with the cost provision, would increase the risk of erroneous results. A teacher has a greater degree of control over the amount of his or her attorney fees than the amount of hearing costs, and the teacher may avoid liability for attorney fees by seeking representation by an employee organization or pro bono counsel, or through self-representation.