STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-0780 DONALD ANDREW HOECHERL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against DONALD ANDREW HOECHERL. 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 6B-1.006, 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 324117, covering the areas.of Health Education, Guidance and Counseling, Physical Education, and School Principal, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Principal at John A. Ferguson Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. Between 2004 and 2007, the Respondent organized and oversaw staff retreats for John A. Ferguson High School.at several locations. Specifically, the Respondent organized and oversaw retreats: (a) at John A, Ferguson Senior High School and Christ the King Lutheran Church, held on August 7, 2004; DONALD ANDREW HOECHERL Administrative Complaint Page 2 of 3 (b) at Four Points Sheraton Resort in Miami Beach, Florida, held on July 29-31, 2005; (c) at Doral Marriott. Golf and Spa Resort in Doral, Florida, held on August 4-6, 2006; and (d) at Hawk’s Cay Resort in Duck Key, Florida, held on August 10-12, 2007. 4. The Respondent engaged in inappropriate conduct with respect to the organization and oversight of the retreats listed in Paragraph 3 in that the Respondent: (a) entered into contracts on behalf of the school district in violation of district policy; (b) utilized a third-party to invoice the Miami-Dade County School District for payment in excess of the actual costs of the lodging and banquet services aiid caused the excess funds to be deposited in school accounts; (c) caused additional funds for non-staff attendees to be collected and deposited in school accounts rather than paid to the facilities hosting the retreats; and (d) approved invoices that included payment for the purchase of alcoholic beverages, in violation of school district policy. 5. On or about December 8, 2009, the Respondent entered into an agreement with the State Attorney for the Eleventh Judicial Circuit, wherein the Respondent agreed to resign from the Miami-County Public School District and pay restitution to the district in the amount of $20,272.50, and was barred from future reemployment with the district, The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal condict which seriously reduces his effectiveness as an eriployée of the school board. COUNT 2: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. DONALD ANDREW HOECHERL Administrative Complaint Page 3 of 3 COUNT 4: The Respondentis in violation of Rule 6B-1.006(5)(h), Florida Administrative Code, in that Respondent has subriiitted fraudulent information on a document in connection with professional activities. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission imposean 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 ora 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. EXECUTED on this_\O[*4 day of Aowi | 2011. DR. ERIC\, epee as Coe of Education State of Florida

Docket for Case No: 13-004959PL