McNabb’s Title IX hearing at WCU set for Friday

On Friday, Western Carolina University  (WCU) is holding a hearing concerning the Title IX proceedings that have been filed against Payton McNabb, a student at WCU. McNabb was accused of harassment in violation of Title IX under university policy after she filmed her confrontation with what she believed to be biological male in a women’s bathroom at WCU back in May. This is not a lawsuit filed in a court of law but is instead an internal WCU proceeding. 

On May 2, McNabb posted a video to her X account of her encounter in the women’s bathroom. 

McNabb can be heard off-camera asking: “Why are you in the girls bathroom?” 

The person responded: “I’m a trans girl.” 

“But you’re not a girl,” responded McNabb. 

“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,” the person responded, proceeding to walked into the bathroom. 

“I pay a lot of money to be safe in the bathroom,” responded McNabb.

“Me too,” replied the person. 

On May 3, the day after the incident, McNabb posted on her X account that she had been reported to the school for alleged transphobia.  

“Western Carolina University is dedicated to fostering a safe and welcoming environment for all students,” a spokesperson told Fox News Digital just days after the incident. “The university’s primary concern is the safety and wellbeing of all members of its campus community. WCU is committed to upholding its principles and ensuring that all students have equal access to education and opportunities. Violations of any university policies or state and federal laws will be addressed by appropriate campus officials. Unlawful discrimination against any member of our campus community is not accepted at WCU.”

Payton has been accused of violating University Policy 129, which prohibits discrimination and harassment based on sexual orientation under Title IX.

“Western Carolina University does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX and its regulations, including in admission, employment, and access to educational opportunities,” reads the university policy. “Therefore, any member of the University community whose acts deny, deprive, unreasonably interfere with or limit the education or employment, residential and/or social access, benefits, and/or opportunities of any member of the University community, guest, or visitor on the basis of that person’s actual or perceived sex, is in violation of this Policy.”

In 2022, at the age of 17, McNabb was severely injured in a volleyball incident in which she was struck in the face by a volleyball spiked by a transgender athlete on the opposing team. 

McNabb’s injury in 2022 opened doors for her to share her story with North Carolina lawmakers, which ultimately led to the passage of HR 574, the Fairness in Women’s Sports Act. This bill became law following a veto override vote in August 2023. 

“It is ironic that a policy passed 50 years ago to protect women from discrimination is being used today on a North Carolina university campus to allow a male to discriminate against a woman who has every right to privacy in a women’s bathroom on a public university campus,” Tami Fitzgerald, executive director of the NC Values Coalition, told the Carolina Journal. 

Last week, US District Court Judge Danny Reeves, in eastern Kentucky, struck down the Biden administration’s rule change that would add sexual orientation and gender identity to Title IX’s protections against discrimination in federally funded schools.

“Because the Final Rule and its corresponding regulations exceed the Department’s authority under Title IX, violate the Constitution, and are the result of arbitrary and capricious agency action, the plaintiffs’ motions for summary judgment will be granted and the Department’s motion for summary judgment will be denied,” wrote Reeves in his opinion. 

McNabb’s hearing also comes just days after the US House of Representatives passed the Protection of Women and Girls in Sports Act, HR 28, which passed the Republican-led House on Tuesday by a vote of 218 to 206 with two Democrats voting in favor of the bill and North Carolina’s Congressman Don Davis, also a Democrat, voting “present.”

“Women’s sports were created to ensure fairness, yet today we see that principle being thrown aside,” said freshman Rep. Pat Harrigan, NC-10. “As the father of two girls, I won’t stand by while those opportunities are erased. Allowing biological males to compete against women not only undermines the integrity of competition but also erases the opportunities women have fought so hard to earn. I voted for this bill because protecting fairness in sports is not just about athletics—it’s about respecting the achievements and dignity of every female athlete.”

The post McNabb’s Title IX hearing at WCU set for Friday first appeared on Carolina Journal.

 

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