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. -— 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