Petitioner: DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION
Respondent: ANDREW NOELL
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Ocala, Florida
Filed: Dec. 17, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 11, 2014.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. TONY BENNETT, as
Commissioner of Education,
. Petitioner,
vs. : CASE NO. 112-2737
ANDREW NOELL,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative
Complaint against ANDREW NOELL. The Petitioner seeks the appropriate disciplinary sanction
of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 1012,795, and 1012.796,
Florida Statutes, and pursuant to Rule 6A-10.081, Florida Administrative Code, Principles of
Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth
in Sections 1012.795(1) and 1012.796(7), Florida Statutes.
The Petitioner alleges:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 1135353, covering the area of
Music, which is valid through June 30, 2014.
2. At all times pertinent hereto, the Respondent was employed as a Teacher and Band
Director at Dunellon Middle School in the Marion County School District.
MATERIAL ALLEGATIONS
3. On or about March 31, 2012, Respondent communicated with an undercover law
enforcement deputy (deputy) using an Internet email service and an electronic communication
device. During the conversation, the deputy, in an online undercover capacity as custodian ofa 14-
year-old female, communicated with Respondent, and Respondent stated that he was interested in
meeting the 14-yéar-old female. Respondent solicited the custodian for sex with the 14-year-old
female, asked what the 14-year-old female had done, and asked if condoms would be necessary.
Respondent further asked, “Maybe she would try anal? Has she swallowed?”
ANDREW NOELL
Administrative Complaint
Page 2 of 3
4. Respondent drove from a location in Duneltlon, in Marion County, Florida, to a
previously agreed upon location in Alachua County, Florida to meet whom he believed to’be a 14-
year-old female to engage in sexual activity.
5. On or about March 31, 2012, Respondent was arrested for the aforementioned
conduct.
6. On or about April 11, 2013, Respondent pled nolo contendere to and was adjudicated
guilty of Unlawful Use of'a Two- Way Communication Device in violation of Section 934.215, F.S.
and Traveling to Meet a Minor in violation of Section 847.0135(A4), F.S.
7. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty or the decision
of guilty by a court is prima facie proof of grounds for revocation or other sanctions.
8. Pursuant to Section 1012.315(1)(00), Florida Statutes, a conviction under Chapter
847, Florida Statutes, disqualifies an individual from teaching in Florida.
The Petitioner charges:
STATUTE LATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude as
defined by rule of the State Board of Education.
COUNT 2: The Respondent is in violation of Section 1012.795(1)()), Florida Statutes,
in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless
of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor
traffic violation.
COUNT 3: The Respondent is subject to Section 1012.795(1)(n), Florida Statutes, in
that Respondent has been disqualified from educator certification under 1012.315, Florida Statutes.
(SIGNATURE ON FOLLOWING PAGE)
ANDREW NOELL
Administrative Complaint
Page 3 of 3
WHEREFORE, based on the reasons set forth herein and in accordance with the
Explanation of Rights and Election of Rights forts attached to and made a part of this
Administrative Complaint, Petitioner respectfully recommends that the Education Practices
Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant
to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions
imposed by the Education Practices Commission may include, but are not limited to, any one or a
combination of the following: issuing the Respondent a written reprimand; placing the Respondent
on. probation for any period of time; restricting the Respondent’s authorized scope of practice;
assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery
Network Program; suspending the Respondent’s educator’s certificate for a period of time not to
exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10
years or permanently; determining the Respondent to be ineligible for certification; or barring the
Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or
permanently.
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EXECUTED on this _ 2e4ts day of a) bie , 2013.
DR. TONY BENNETT as
Commissioner of Education
State of Florida
Docket for Case No: 13-004897PL
Issue Date |
Proceedings |
Mar. 11, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 10, 2014 |
Order Canceling Hearing and Requiring a Response (parties to advise status by February 25, 2014).
|
Feb. 10, 2014 |
Petitioner's Notice of Amendment to Administrative Complaint and Renewed Motion to Relinquish Jurisdiction and Close File filed.
|
Feb. 07, 2014 |
Order on Petitioner`s Motion to Relinquish Jurisdiction.
|
Jan. 27, 2014 |
Petitioner's Motion to Relinquish Jurisdiction to the Education Practices Commission and Close File filed.
|
Jan. 27, 2014 |
Notice of Filing Certified Copy of Court Documents and Request for Judicial Recognition filed.
|
Jan. 27, 2014 |
(Respondent's Response to) Petitioner's First Requests for Admissions to Respondent filed.
|
Jan. 27, 2014 |
Notice of Filing Respondent's Response to Petitioner's Requests for Admissions to Respondent filed.
|
Jan. 08, 2014 |
Order of Pre-hearing Instructions.
|
Jan. 08, 2014 |
Notice of Hearing (hearing set for February 18, 2014; 10:00 a.m.; Ocala, FL).
|
Jan. 02, 2014 |
Notice of Transfer.
|
Dec. 26, 2013 |
Petitioner's First Request for Admissions to Respondent filed.
|
Dec. 26, 2013 |
Certificate of Service of Discovery filed.
|
Dec. 26, 2013 |
Petitioner's Response to Initial Order filed.
|
Dec. 18, 2013 |
Initial Order.
|
Dec. 17, 2013 |
Letter to Marian Lambeth from Charles Holloman regarding withdrawal of representation filed.
|
Dec. 17, 2013 |
Administrative Complaint filed.
|
Dec. 17, 2013 |
Request for Administrative Hearing filed.
|
Dec. 17, 2013 |
Agency referral filed.
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