The Department of Education has opened a Title IX investigation into Western Carolina University (WCU) over claims that it allowed a biological male into a female-designated space and retaliated against a student who objected. The action was initiated by the Department’s Office for Civil Rights following a complaint that the university failed to uphold protections guaranteed under federal law.
The investigation comes just a day after the advocacy group Speech First released internal university communications suggesting that WCU would not comply with President Trump’s recent executive order aimed at reinforcing sex-based protections in women’s facilities. The order, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” directs institutions to maintain sex-separated spaces in accordance with biological sex.
“WCU’s reported contempt for federal anti-discrimination 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. “The Trump-McMahon Department of Education will continue to deploy every lawful means to eradicate this wholly unnecessary and egregious violation of women and girls’ civil rights.”
One major component of the investigation involves a former student, Payton McNabb, who filed a complaint after encountering a biological male in the women’s restroom. According to her attorney, the university launched a Title IX investigation against McNabb shortly thereafter—a move her lawyer believes was encouraged by school officials as retaliation. Although she was later cleared of any wrongdoing, the experience has added fuel to growing concerns about female students being targeted for objecting to male presence in private spaces.
“In addition to my experience discovering a male in the women’s restroom on campus, men who self-identify as transgender are entering other women’s intimate spaces like restrooms, dorm rooms and locker rooms,” McNabb stated. “Female college students will not sit idly by as men take over our spaces. I’m thankful to have an administration that will stand up for us.”
WCU issued a brief statement in response, 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.” The university declined to offer additional comments on the matter.
Nicole Neily, acting executive director of Speech First, applauded the Department’s response. “Actions speak louder than words, and the Department of Education’s commitment to protecting women and girls is second to none,” she said. “This investigation sends a clear message to colleges and universities across the country: compliance with the law is not voluntary.”
