Fmr. teacher found not guilty of sex w/ student

Posted at 8:54 PM, Mar 31, 2016

Eric Spaulding, a former teacher of Perry High School, was found not guilty after being accused of having a sexual relationship with a student, according to the Stark County Prosecutor's Office.

The prosecutor's office said Spaulding was found not guilty on a charge of sexual battery, which is classified as a third-degree felony. According to court documents, Spaulding was charged with two counts of sexual battery in Massillon Municipal Court.

The Independent in Massillon reported Spaulding was accused of having sexual encounters with an 18-year-old student. 

Though the student was 18, Ohio Revised Code 2907.03 subsection 7 states a person can be charged with sexual battery if:

The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.

Spaulding, 31, was placed on paid leave in April 2015 following the beginning of the investigation, The Independent reported.

Perry Township Police Chief Mike Pomesky told The Independent the sexual encounters did not take place on school property and started in early April 2015. 

Spaulding resigned from Perry High School on May 26, 2015, according to minutes for the Perry Local Board of Education.  

His resignation was to be effective on Aug. 1.