Western Carolina University hit with federal Title IX investigation

The Trump administration opened an investigation Thursday into Western Carolina University over internal emails suggesting the school plans to resist President Trump’s executive order on single-sex facilities.

The Department of Education’s Office for Civil Rights cited “allegations that WCU has openly refused to comply with Title IX and to ensure sex-separated intimate spaces in federally funded institutions of higher education.”

The department will also review the experience of former WCU student Payton McNabb, who came under a campus investigation for “transphobia” after confronting a biological male in the women’s restroom.

“WCU’s reported contempt for federal antidiscrimination laws and indifference to, and retaliation against, girls who have spoken up about males invading their intimate spaces is simply unacceptable,” said Acting Assistant Secretary for Civil Rights Craig Trainor in a statement.

Title IX of the 1972 Education Amendments bars sex discrimination at academic institutions that receive federal funds.

In his Jan. 20 executive order, Mr. Trump said the federal government recognizes two sexes, male and female, and rescinded the Biden administration’s 2024 rule expanding Title IX to include gender identity.

Two days later, a WCU administrator said in an email that “right now, we are not making changes based on this EO but wanted you to be aware of it,” as shown in internal communications released Wednesday by Speech First.

A spokesperson defended the North Carolina school, saying it is “compliant with all current state and federal regulations and will continue to adjust any necessary campus policies and practices to remain in compliance with future changes.”

In January, Ms. McNabb was found “not responsible” for sexual harassment after found a male-to-female transgender student in the women’s restroom in May 2024.

The conversation, which she recorded, starts with Ms. McNabb asking, “why are you in the girls’ bathroom?”

The unidentified student replied: “I’m a trans girl.” Ms. McNabb responded: “But you’re not a girl.”

The transgender student, wearing a yellow dress and a hat, replied: “Oh, we’re doing one of these? Interesting. I’ve never had this before. I don’t know what to say. I’m sorry you feel that way.”

Ms. McNabb is no stranger to transgender issues: She sustained a traumatic brain injury and other injuries after being struck in the head with a volleyball spiked by a male-born competitor in high school, ending her sports career.

.@usedgov NEW INVESTIGATION: Western Carolina University has perpetrated a policy NOT compliant with Title IX. Action is being taken! @paytonmcnabb_ https://t.co/Qg69Wvn6Yu pic.twitter.com/jxmaSGajqR

— Independent Women’s Forum (@IWF) May 8, 2025

She testified Wednesday before the House Oversight subcommittee on Delivering on Government Efficiency, saying she still suffers from headaches, balance issues and vision impairment from the 2022 hit.

“It is completely aggravating because the injury I suffered was 100% avoidable — if only my rights as a female athlete had been more important than a man’s feelings,” said Ms. McNabb, an Independent Women’s Forum sports ambassador.

Nicole Neily, Speech First acting executive director, applauded the department’s decision to investigate the university’s Title IX compliance.

“Actions speak louder than words, and the Department of Education’s commitment to protecting women and girls is second to none,” Ms. Neily said. “This investigation sends a clear message to colleges and universities across the country: compliance with the law is not voluntary.”

Beth Parlato, Independent Women senior legal advisor, said that “Western Carolina University believes they are above the law, and the Department of Education is right to investigate and hold them accountable.”

“The safety, fairness, dignity, and privacy of all females is protected under Title IX, and the investigation into WCU is a necessary step to enforce federal law and eliminate WCU’s ideological overreach,” Ms. Parlato said in a statement.

The department has also launched Title IX investigations into the Saratoga Springs City School District, the Minnesota State High School League, the California Interscholastic Federation, and the Maine Department of Education.