A judge has ruled that Charlotte-Mecklenburg Schools did not violate state law by holding closed meetings of a Title IX task force in 2021, but did commit “unintentional” violations in some school board meetings.
Superior Court Judge Nathaniel Poovey’s ruling comes in response to a lawsuit filed by WBTV News almost two years ago. The suit initially focused on a student-led task force created by former Superintendent Earnest Winston to look at how CMS handles allegations of sexual assault, which fall under the federal Title IX law. Those meetings took place behind closed doors. The judge ruled that the task force was not a public body under state law.
The task force was formed after WBTV and other local and national news media reported allegations that CMS had ignored or mishandled multiple student reports of being sexually assaulted by fellow students. The controversy led to protests at high schools and board meetings, the reassignment of administrators at Myers Park and Hawthorne high schools, the hiring of additional Title IX staff and the filing of a federal lawsuit against CMS. CMS prevailed in that suit, but Winston’s handling of the issue played a role in his termination in April 2022.
Winston said the task force met privately to allow students to speak freely. The group released a report in December 2021.
In 2022, while the Title IX lawsuit was still in progress, WBTV added allegations that some school board meetings did not comply with the state’s public meetings law. Poovey agreed and ordered the school board to provide better notice of meetings, follow proper procedures for going into closed sessions and provide more precise minutes of closed sessions. However, he said the incidents were unintentional and partially caused by the pandemic, and he did not order CMS to pay WBTV’s legal fees.
Late last week, after WBTV reported on Poovey’s ruling, CMS released a statement emphasizing his findings on Title IX and his decision not to award legal fees.
“We are very pleased that Judge Poovey recognized that we acted in good faith,” school board Chair Elyse Dashew said. “The crux of this lawsuit was about the Tile IX Task Force.”
