Jordan McGuire, a former Harrison High School teacher, is a free man after being acquitted of criminal deviate conduct on Tuesday. However, in 2007, McGuire faced similar charges in Saline County, IL. Upon being hired at Harrison, McGuire's initial background check didn't show the 2007 charges because of a case filing issue in Saline County, EVSC officials said.
According to documents obtained by Eyewitness News, McGuire was charged with criminal sexual assault in November 2007 in Saline County, Illinois. He was accused of using force to engage in anal sex with another man, court records show. Eyewitness News has chosen to withhold the man's name.
In April 2009, court records show McGuire pleaded guilty to a lesser charge of misdemeanor battery in exchange of having the sexual assault charge dropped.
In 2011, McGuire applied for a teaching position at Harrison High School. McGuire had to undergo a background check like all new hires, said EVSC spokesperson Marsha Jackson. The background check intends to pull up misdemeanors and felonies.
"We did a background check on [McGuire] and it came back clean," Jackson said. "After the 2012 incident, we did a background check again to see what it would pull and there were two incidents that showed."
In the spring of 2012, McGuire was arrested and charged with criminal deviate conduct. McGuire was alleged to have performed oral sex on a man who had apparently passed out drunk. McGuire was acquitted on all charges on Tuesday.
The EVSC contracts out all of it's background checks with a national company called MBI. The company's services have been reliable, Jackson said.
"We were shocked when we found [out McGuire's prior charges] and immediately contacted the company," Jackson said. "From conversations that we've had with them, we do not feel like it was [the company's] fault."
MBI told EVSC officials that the initial background check came back clean because the 2007 charges had not been properly updated in Saline County's system, Jackson said. Had the EVSC known of McGuire's prior sexual assault charges, McGuire would not have been hired, Jackson said.
"We can only assume that it was not filed appropriately originally," Jackson said. "We have no control on when it was recorded or where it's recorded or how quickly it's recorded in the system. It did not show any of the other offenses."
EVSC officials were alarmed when the second background check came back showing the 2007 charges, Jackson said. However, Jackson insisted that the EVSC did everything it could in terms of screening McGuire's criminal history.