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Former Myers Park High School student appeals verdict in sexual assault case against CMS

"Jane Doe" has appealed the ruling in January that CMS did not violate former student's Title IX rights.

CHARLOTTE, N.C. — A former Myers Park High School student is appealing a federal jury's ruling that Charlotte-Mecklenburg Schools Board of Education did not violate the former student's Title IX rights.

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The lawsuit said officials did not protect the former student, known as "Jane Doe," from getting raped on the Myers Park campus in 2015. In the suit, the 15-year-old Jane Doe says another student, an 18-year-old male, grabbed her and took her from campus and forced her into the nearby woods, and sexually assaulted her despite her verbal protests. 

The jury's verdict in January was a unanimous decision on four questions.The first three questions regarded Myers Park High School's status as a Title IX school, if an assault happened, and if "Jane Doe" let the appropriate person know. 

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The jury answered yes to all three questions. However, the jury answered that CMS was not deliberately indifferent to investigating Doe's claims of sexual assault. 

According to the notice of appeal, which was filed on behalf of "Jane Doe" on Thursday, Feb. 16, Doe is challenging several rulings made during the trial, including jury instructions, discovery requests and the jury verdict from January 20, 2022. 

WCNC Charlotte will continue to follow this story with updates.

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