LOUISVILLE, Ky. (WDRB) -- A former Jeffersonville High School volunteer band assistant was sentenced to three years probation Monday after officials say he had a sexual relationship with one of his students.

Attorneys on both sides say it was a fair sentencing because Mackle never had sex with the student and he has no prior criminal history.

William O. Mackle was escorted into court Monday afternoon by his attorney and family members, charged with sexual misconduct with a minor – a class D felony.

"He will be required to attend counseling,” Mackle's attorney Dawn Elston said. “He will also be required to pay any counseling she may have and there's a no contact order."

Court records state that while Mackle was a volunteer band director's assistant at Jeffersonville High School in 2013, he and the girl "passionately kissed and had clothed simulated sex."

Records indicate it happened at Mackle's house on Webster Boulevard after the two had exchanged text messages for about a month.

"He's deeply sorry for what happened," Elston said, adding three years probation is fair.

Clark County prosecutor Jeremy Mull agrees.

"The victims wanted a plea agreement in the case and this is a guaranteed conviction,” said Mull. “There can't be any appeal from this. The victim didn't have to go through a trial and ultimately accomplishes what we wanted to accomplish which was to hold him accountable. "

Mull says Mackle has no prior criminal record and he says he doesn't think Mackle deserves to go to jail.

“They kissed and rubbed up against each other with their clothes on. There was no other sexual conduct besides that,” Mull explained. "I felt a felony conviction, counseling and probation would best serve to rehabilitate him."

According to Greater Clark Schools, Mackle is banned from school property.

His probation is set to begin immediately.

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