If they have toxed, one of two things has probably happened:
1. What's in their tank is not what they (and you) think is in there. There is no way for you to know that or confirm it underwater.
2. You can SEE they have the wrong mix (e.g. you find him on the bottom with a reg in his mouth - when you look at where the hose goes you find it leading into a bottle with "70" on it, and you're in 110' of water!
Now let's look at the possibilities here:
1. The guy's unconcsious and not breathing due to a cardiac or ischemic event. Assume you find him 30 seconds after it happens. The statistics are that for every minute EMS response is delayed from such an event, the person's survival chance goes down by 10% - even if the people attendant know CPR and immediately use it. That's unrealistic on its face; even if you put him into a buoyant ascent it will require a minute or so for him to reach the surface, then quite a bit more time for the people on the boat or shore to get to him, get him on land, and get enough gear off to start CPR. (Yes, you can give artificial respiration in-water - CPR is another matter!) What are the odds you can save him, assuming the barotrauma which he will likely suffer doesn't get him on top of whatever else is going on?
2. The guy is unconscious and not breathing due to somehow aspirating water or running out of gas (in the first case the reg will likely be out of his mouth, in the second it may be in or out, depending on what he did when he ran out.) If the reg is in his mouth he probably didn't aspirate water, and you can check his gauges to see if he ran out of gas. If he's out of gas and has stopped breathing he has ~4 minutes from that point before his heart stops and he's cooked. If he aspirated water, depending on how much he aspirated he may be beyond help without the aforementioned instant EMS response.
3. He's unconscious and not breathing due to a O2 tox event; either he's breathing the wrong bottle, went below the MOD for some reason, or the fill in his tank isn't what he thinks it is. Assuming he has the reg in his mouth (if not it probably looks like (2), and at least in part likely is) he LOOKS like he's in respiratory arrest, but is really in the tonic state post-seizure. If you do NOT ascend with him, he will come out of it. Assuming he doesn't immediately tox again - and he might - once he calms down you can give him YOUR known-good gas supply for the depth you are at. If you send this diver to the surface while he is in the tonic state you will likely kill him. His airway is almost certainly locked closed - the worst possible situation for ascending even a few feet from where you find him.
How do you KNOW (assuming you don't witness the original event that led to the unconsciousness) which of the three cases (or any of the other possible ones) you have? (1) and (2) might be helped by being immediately sent to the surface - but the probability is that (1) and (2) are either already dead or will be shortly, and the injuries suffered as a result of a buoyant ascent are likely to be substantial. Whether those, plus whatever caused the original event, are survivable is a question I can't answer with certainty, but I can look at the above statistic on cardiac events and your odds without EMS being immediately available for guidance. (If you can verify a pulse then the odds may change somewhat.) But if the diver is in situation #3, and you shoot him to the surface, you probably kill him, .vs. quite possibly no significant harm at all if you do NOT raise him in the water column.
I still think that, unless there''s more info about this that I don't already have, that in such a situation I'm going to first attempt to ascertain the likelihood of a tox hit, and assuming I believe it to be extremely unlikely (e.g. either a Nitrox mix well within the MOD, or a tank presumably full of AIR, or an EMPTY tank!) I would make a controlled ascent with the unconscious person to the surface if I did not have a significant deco obligation. If I did, I would rise to my ceiling and from THERE send him up as slowly as I could reasonably arrange. If my deco obligation was slight I might choose to go to the surface with him, assuming I could get him immediately to surface support, and then decend back down to depth to complete my deco. I might get bent that way, but if it was only a minute or at most two and the obligation not great I'd be pretty likely to get away with it. If I have reason to believe it IS a tox hit, he should start breathing within 30-60 seconds - it may be prudent in that case to wait the minute before ascending if there is reason to believe that is what happened (anyone else?)
Tough call... and good discussion...