The Trump administration launched a civil rights investigation into Western Carolina University for alleged non-compliance with the federal government’s Title IX policy after National Review reported on internal emails that appeared to show defiance of the president’s executive action.
The Department of Education announced the investigation Thursday and cited emails first reported by National Review indicating Western Carolina would not change its Title IX policy to comply with President Trump’s executive order recognizing only two biological sexes and updating federal policy accordingly.
“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.
“After fighting for years to secure Title IX protections, women must again fight hostile institutions to ensure their right to equal protection and opportunity in sports, living spaces, and intimate facilities is respected.”
National Review obtained the emails from Speech First, a right-leaning campus watchdog group that filed a records request for them. The school’s chief compliance officer said in January that “we are not making changes based on this EO,” the emails showed. In February, the administrator said “we will continue to analyze allegations of sex discrimination based on sexual orientation and gender identity,” a flagrant violation of Trump’s order. The compliance officer cited the Supreme Court’s Bostock decision barring employment discrimination based on gender identity and a lower court ruling prohibiting discrimination against transgender-identifying students.
“Actions speak louder than words, and the Department of Education’s commitment to protecting women and girls is second to none. This investigation sends a clear message to colleges and universities across the country: compliance with the law is not voluntary,” Nicole Neily, acting executive director of Speech First said in a statement to NR.
Trump’s executive action, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” prevents federally funded institutions from promoting gender ideology and threw out Title IX guidance from the Biden administration to enforce it based on gender identity.
Title IX was passed as part of the 1972 Education Amendments and it prohibits sex-based discrimination in federally funded schools. Proponents of gender ideology believe biological sex can be altered through social behaviors, medical procedures, or whatever someone declares about themselves.
NR’s reporting on Western Carolina occurred on the same day student Payton McNabb testified about her experiences dealing with gender ideology in high school and college. Last year, McNabb faced a Title IX investigation at the university for posting a video of herself calmly asking a male to leave the women’s bathroom. The school eventually dropped the investigation after determining McNabb acted politely towards the male.
McNabb previously experienced a traumatic brain injury playing high school women’s volleyball when a male opponent spiked the ball in her face. She is now an ambassador for the Independent Women’s Forum, a policy organization for conservative women.
“Western Carolina University has perpetrated a policy that is not in full compliance with Title IX. The violation has impacted not only me but many other female students at the university that deserve our rights to single-sex spaces,” McNabb said.
“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. 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.”
Western Carolina insists it is complying with federal policy and acknowledged the start of the Trump administration’s investigation.
“Western Carolina University acknowledges that we have received a notice of investigation from the Department of Education’s Office of Civil Rights. We believe that our campus policies and procedures are compliant with Title IX and all other federal and state laws. We will work with OCR to fully resolve this complaint,” the school said in a statement provided to NR.
Western Carolina is one of dozens of schools the Trump administration is investigating for alleged violations of civil rights laws related to race, gender, and religious discrimination.