Breaking: University Caught Ignoring Trump Order Protecting Women's Spaces: 'We Are Not Making Changes'

Western Carolina University is not changing its Title IX policy to comply with President Donald Trump’s executive action after the school was embroiled in a dispute last year over a male attempting to use women’s bathrooms.

WCU administrators refused to update their Title IX policy to comply with Trump’s order restoring sex segregation to federally funded colleges and universities and have instead continued to allow males in women’s spaces, according to public records provided to National Review by right-leaning campus watchdog group Speech First.

“For years, advocates have worried that Title IX procedures on campus have become weaponized – and these emails highlight that such concerns are indeed well-founded,” said Nicole Neily, acting executive director of Speech First.

“Universities across the country are actively ignoring and resisting the Trump Administration on Title IX, which underscores the need for strong action from both Congress and the executive branch to provide clarity for administrators and safety for women and girls.”

Title IX was enacted as part of the 1972 Education Amendments and it bars sex-based discrimination in federally funded schools.

Trump’s executive order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” recognizes two sexes, male and female, and prevents federal funds from being used to promote gender ideology. The order discards guidance from the Biden administration to enforce Title IX policy based on gender identity and orders executive agencies to ensure male and female spaces in federally funded institutions are segregated by biological sex.

WCU’s chief compliance officer said in a January 22 email that “we are not making changes based on this EO,” citing existing court rulings, the records show. The email references the Supreme Court’s Bostock decision holding that Title VII protects employees from discrimination based on gender identity. The chief compliance officer also cites a Fourth Circuit ruling, Grimm v. Gloucester County School Board, that prohibits discrimination against transgender-identifying students under Title IX and the Equal Protection Clause.

In February, the chief compliance officer said “nothing much” will change in terms of Title IX enforcement and “we will continue to analyze allegations of sex discrimination based on sexual orientation and gender identity,” after receiving a “Dear Colleague” letter from the Department of Education, the emails show. The administrator cited the Grimm decision and said the school would follow its guidance rather than that of Trump’s executive order.

Likewise, WCU’s Equity Officer told the school’s “trans+” student union faculty adviser that they would continue to segregate spaces based on gender identity, rather than biological sex. The faculty adviser thanked the Equity Officer for her “Continued Attention To This Group Of Students” after the clarification, the emails show.

“Western Carolina University is compliant with all current state and federal regulations and will adjust any necessary campus policies and practices to remain in compliance with future changes. At this time, we have no further comment regarding this matter,” the school said in a statement to NR.

Last year, WCU student Payton McNabb faced a Title IX investigation at the school after she posted a video of herself asking a male student wearing a dress not to use the women’s bathroom. The university supported the Title IX investigation into McNabb after she and the male filed competing complaints with the university. McNabb’s attorney later alleged that the school encouraged the male to file the complaint after McNabb posted the video.

Eventually, McNabb won the dispute and the school dropped its investigation after determining she acted politely in questioning the man’s attempt to use the women’s facility. Prior to that, McNabb was injured during a high school volleyball match when a male opponent spiked a ball into her face.

McNabb is a vocal advocate against men playing in women’s sports and is set to testify on the subject Wednesday at a hearing held by the House Oversight Subcommittee on Delivering on Government Efficiency.

President Trump previously mentioned the story of McNabb’s injury during his joint address to Congress in March.