Newcastle midfielder Kevin Nolan will not be ordered to rein himself in after adding a red card to the 10 yellows he has received this season.
The 26-year-old marked his third appearance in a black and white shirt with a 43rd-minute dismissal for an awful challenge on Victor Anichebe which left his side battling to salvage a point at St James' Park.
He will now face a three-match ban just when his new club needs him most, although caretaker boss Chris Hughton does not want to take away his competitive edge.
"I would say on the challenge itself that I didn't think there was any intent or malice.
"We accept that he did catch the lad. Kevin has apologised to the lad and also to David Moyes, and it's one we need to pick ourselves up from and go on from here."
Hughton was delighted by the spirit his 10 men showed, as manager Joe Kinnear would have been as he watched on television at home having been discharged from hospital the previous day.
Kinnear's assistant said: "I am very happy and delighted for this group of lads. We knew it was going to be tough to start with against a very good Everton side, although they were missing a couple of players.
"But having gone down to 10 men so early, the resilience and the character we showed, this group of lads deserved what they got."
Everton boss David Moyes was left awaiting news of both Mikel Arteta, who was carried off on a stretcher with a knee injury after just three minutes, and Anichebe as two points slipped away.
He said: "We should have been a couple of goals up, but we weren't. When you get opportunities in this league, you have to take them, just like Newcastle, who had a really good one as well and they didn't take theirs.
"But in the end, we were just too patched up to get any real rhythm or flow to our game."