MEMPHIS, Tenn. — WREG learned Shelby County Schools hired Tavius Woods despite a warning from state investigators there were red flags on his background check.
Dated July 1, 2016, the Tennessee Bureau of Investigation sent a letter to Shelby County Schools flagging the man the school system was looking to hire.
It stated Tavius Woods was charged with aggravated sexual battery in 2014.
Court documents say he tried to inappropriately touch a 9-year-old girl.
"It's up to the school to review the exact nature of the charges with the individual and then determine whether he can or can't be hired," said Micheal Jones, a TBI spokesperson.
Despite the TBI's warning, 35 days later SCS hired Woods as a cafeteria worker at Oakshire Elementary.
That's where Sandra Motley was surprised to see woods when she dropped off her granddaughter.
"He didn't move. He didn't blink. He didn't flinch. I said this can't be real," Motley said.
Motley knew Woods' history. The alleged victim is her family member.
She went straight to the principal's office
"She was in more of a panic that I was. I'm glad she got on it," Motley said.
She heard Woods was escorted out of the school the next day.
In his personnel file, there's another letter stating he was fired September 22, 2016.
A day after someone in the district printed a newspaper article and affidavit detailing the incident the TBI told them about.
SCS released a statement regarding the hiring of Woods.
“Upon receipt of this document, a thorough investigation of the individual’s background was conducted. The individual provided the proper documentation to prove charges were dropped and there were no legal restrictions preventing the individual from being hired.”
Its policy states background checks "shall be reviewed by appropriate staff," the potential employee can "dispute the accuracy of information," and ultimately "the director of the department of human resources shall make a final decision."
"There is no way he should have been hired in the school system. Somebody dropped the ball somewhere," said Motley.
WREG found out Woods was never convicted. Instead, his case was put on hold when a judge said he was incompetent to stand trial.
The charge was later expunged, but that happened after SCS hired him.
"It's hard to help him say you can't do this or you can't do that when he doesn't know what it is he can't do," said Terry Curry, who is Woods' mother.
Curry told WREG her son has autism and down syndrome when Woods was back in court on new charges this month.
Police said he tried to kidnap a 10-year-old girl twice from Germanshire Elementary and also tried to contact her sister at school the same girl who accused him of sexual battery.
Curry said her son has worked at other schools including Oakhaven and Holmes Road Elementary through Service Master.
SCS has yet to tell us when he worked at those schools.
On Monday, a judge revoked Woods' $75,000 bond and let him out on his own recognizance while the court determines, once again, if he's competent to stand trial on the aggravated kidnapping charge.