Following an appeals court upholding his conviction, a former Napoleon High School teacher and coach who was found guilty of gross sexual imposition has filed a notice of appeal with the Ohio Supreme Court.
Last year, a jury in Henry County Common Pleas Court found Randy Burke, 57, of Hamler, guilty on one count of gross sexual imposition, a fourth-degree felony, and two counts of sexual imposition, third-degree misdemeanors. He was sentenced to five years of community control and 180 days incarceration at the Corrections Center of Northwest Ohio (CCNO) with work release, as well as being registered as a Tier I sex offender.
Burke appealed to the Third District Court of Appeals, which upheld the conviction, and a notice of appeal was filed with the Ohio Supreme Court on Oct. 19. The notice states they are asking the court to review the Third District’s opinion “as the case involves felony convictions and also involves substantial Constitutional issues involving the Fifth and 14th Amendments.” The notice also asserts the case “involves a felony, is one of public or a great general interest as there is a lack of clarity in the legal jurisprudence.”
Burke received a stay from the jail sentence pending the original appeal, and he also filed a motion with the Ohio Supreme Court to continue the stay of his sentence. The motion says Burke has complied with all of the conditions of his bond, and provided letters from his current employer and his wife in support of the continuation of the stay.
Burke was placed on paid administrative leave from all teaching and coaching duties in the fall of 2018 after sexual harassment complaints were filed against him. When Burke was indicted by a Henry County grand jury later that year, the district suspended him without pay and he resigned in April 2019, prior to his trial.