Charlotte-Mecklenburg Schools faces 4 investigations over possible Title IX violations

Charlotte-Mecklenburg Schools faces four federal Title IX investigations, including two newly opened last month, according to the federal government’s database.

The U.S. Department of Education Office for Civil Rights (OCR) opened two new probes — July 25 for retaliation and July 27 for procedural requirements — related to Title IX. An earlier pair of sexual harassment cases were opened Nov. 7 and June 6. WBTV first reported on the newly opened cases.

Title IX requires public schools to methodically investigate reports about possible harassment or sexual violence as well as take steps to prevent further victimization or harm.

Generally, a complaint must be filed with the Office for Civil Rights within 180 calendar days of the date of the alleged incident.

Which cases are being investigated?

The Office for Civil Rights publishes a list of elementary-secondary and post-secondary institutions under investigation. The list is not real-time data and does not specify details of cases, so it’s difficult to know what cases are being investigated. Cases can involve a range of issues, including harassment, sexual violence or discrimination.

“OCR does not discuss the details of individual cases,” Jim Bradshaw, of the U.S. Department of Education, told The Charlotte Observer. A CMS spokesperson also said the district cannot comment on pending investigations.

Title IX protects everyone who interacts with a school from discrimination — not just students. This includes parents and guardians, employees and applicants.

Multiple cases of alleged Title IX violations in CMS have been reported, including reports of sexual assaults on school buses, but specifics in each of the four cases is unknown.

During the Observer’s one-on-one with Superintendent Crystal Hill when she was hired in May, she said the pending investigation opened in November happened during the 2021 school year, prior to when she came to CMS.

What happens during a Title IX investigation?

The Office for Civil Rights notifies both the accuser and a school district with letters when it decides to open a case.

“Opening a complaint for investigation in no way implies that OCR has made a determination with regard to the merits of the complaint,” according to its website.

The Office for Civil Rights collects evidence and uses that evidence to make its determination.

When the Office for Civil Rights concludes an investigation, its determination is explained in a letter of findings.

In February 2017, CMS’ then-superintendent Ann Clark received a letter of finding involving a case where the district allegedly discriminated against a student on the basis of sex.

“The district failed to promptly and equitably respond to information,” the letter states.

The letter states steps the Office for Civil Rights took during its investigation, including determining if a hostile sexual environment was created and reemphasizing Title IX regulations.

The Office for Civil Rights also sends districts a resolution agreement.

In the 2017 case, CMS agreed to provide mandatory Title IX training to all instructional staff who had not completed it between February 1, 2016. CMS also was required to provide the name and qualifications of the trainer and a list of all reports of possible sexual harassment that took place during that time “so that OCR can ensure that the District’s response is consistent with Title IX,” according to the agreement.

Title IX issues at Charlotte-Mecklenburg Schools

Principals and Title IX liaisons in schools — personnel who often juggle multiple responsibilities — have been at the center of complaints and controversy in CMS for years, including years-old cases at Myers Park High School.

Problems, as the Observer has previously reported, ranged from allowing a football player accused of sexual assault at school to play while wearing an ankle bracelet to a Title IX investigation that concluded a female student lied about being groped, and then punished here for making a false report.

Hill announced in May that during every principal’s meeting, assistant principal’s meeting and dean’s meeting there will be Title IX discussions when leaders look at scenarios either pulling them from things that have happened in the district or across the country.

“We’ll have folks sit around the table and look at the scenario and say, ‘OK, what would you do? What should we do? What should be the protocol,’” she said.

Hill also said every person in the district, including workers CMS contracts with, are trained on Title IX regulations and protocols.

NC Title IX investigations

Outside of Charlotte Mecklenburg Schools, the Office for Civil Rights has open and pending Title IX cases in multiple Charlotte-area districts, including Bradford Preparatory School and in Wake County Public Schools.

Federal investigations also are open in Union, Lincoln and Gaston County districts. Gaston County cases include alleged retaliation, sexual harassment and sexual violence.

In Wake County, a procedural requirement case opened in June, two retaliation cases opened in 2016 and 2020, two sexual harassment cases in 2020 and June of this year and one sexual violence case in 2016.

Bradford Preparatory School, a K-12 charter in northeast Charlotte, is being investigated in cases of retaliation and sexual harassment. Both of these cases opened in June.