FOIA Records Show Western Carolina University’s Defiant Response to Trump Administration Policies on Gender

May 6, 2025

Table of Contents

Top Takeaways 1

Background on WCU & Payton McNabb. 2

Reaction to President Trump’s Actions on Title IX. 3

WCU Determined That The School Would “Not [Be] Making Changes Based” On Trump’s EO.. 3

Response To The Department Of Education’s Dear Colleague Letter 4

WCU Said They Would “Continue To Analyze Allegations Of Sex Discrimination Based On Sexual Orientation And Gender Identity For Title IX Enforcement.”. 4

WCU Leaders Complained “The Whole World Is A Mess” In Response To Trump Actions. 6

WCU’s Chief Compliance Officer And The Dean Of The College Of Education Complained “The Whole World Is A Mess Right Now”  6

WCU’s Chief Compliance Officer In Her Analysis Of President Trump’s EO: “It Is A Confusing Mess Right Now”  7

Response To Trans Students On Campus. 8

WCU’s Equity Officer Told The Trans+ Student Union Faculty Advisor That The School Would Continue To Apply Gender Identity Labels When Considering Discrimination Issues. 8

Top Takeaways

• Throughout 2024, Western Carolina University was embroiled in a dispute over transgender men using women’s bathrooms and a student, Payton McNabb.
  • Earlier that year, McNabb posted a video on social media confronting a male student attempting to use the women’s bathroom on campus.
  • WCU then launched a Title IX investigation into McNabb after university leaders allegedly encouraged the male to file a discrimination complaint.
  • The university later dropped the investigation after determining that McNabb had not harassed the male student and, rather, had been polite in questioning his use of the women’s bathroom.
  • McNabb is a vocal advocate against the participation of transgender males in women’s sports, having suffered a traumatic brain injury in high school caused by a biologically male transgender volleyball player.
    • McNabb attended and her story was featured in President Trump’s joint address to Congress.
• Emails from Western Carolina University (WCU) administrators reveal that the school deliberately decided to avoid taking action to adhere with President Trump’s executive order on gender.
• WCU’s Chief Compliance Officer argued that court precedent still applied preventing “discrimination” against transgender individuals.
  • WCU Chief Compliance Officer: “We will continue to analyze allegations of sex discrimination based on sexual orientation and gender identity for Title IX enforcement.”
• WCU’s Chief Compliance Officer and the Dean of the College of Education lamented that “the whole world is a mess right now” in response to the Trump administration policies.
• WCU’s Title IX Coordinator and Equity Officer told a faculty advisor for the university’s Trans+ Student Union that the school would continue to apply gender identity labels when considering discrimination issues.
  • She noted that faculty were still required to report on any and all harassment against transgender students when they see it and hoped that her response to the faculty advisor would “give [her] comfort.”
  • The faculty advisor later thanked the Title IX coordinator for her “continued attention to this group of students.”

Background on WCU & Payton McNabb

In 2024, Western Carolina University (WCU) Found Itself Embroiled In Controversy After It Launched A Title IX Investigation Into A Student, Payton McNabb, Who Had Confronted A Male Using A Women’s Restroom On Campus. “Just last year, McNabb found herself embroiled in a Title IX investigation after she encountered a 27-year-old trans-identified male in a women’s restroom at her college, Western Carolina University (WCU). McNabb confronted the male for making her feel uncomfortable in a vulnerable and private space, and subsequently expressed her First Amendment rights by posting a video of the ‘unreal’ encounter on X. The male took action against her, filing a complaint with the school’s administration.” (Andrea Mew, “Payton McNabb Prevails In Title IX Case As Legal Fights Over Sex Definitions Heat Up,” Independent Women’s Forum, 3/11/25)

• McNabb Had Posted A Video On Social Media Showing Her Confronting The Student, Accusing Him Of Violating Her Privacy. “The video McNabb posted of her interaction with the male shows McNabb calmly asking the male, who was wearing a dress, what he was doing in the girl’s bathroom and expressing to him how this felt like a violation of her privacy.” (Andrea Mew, “Payton McNabb Prevails In Title IX Case As Legal Fights Over Sex Definitions Heat Up,” Independent Women’s Forum, 3/11/25)
• In Response, The University Supported A Title IX Investigation Into McNabb. “This one event spiraled into a civil rights investigation with campus administrators spanning several months, as both she and the male then filed complaints. McNabb said while WCU threw her complaint out, they kept the male’s in, sparking a Title IX investigation against her. McNabb said she felt ‘outnumbered’ and ‘betrayed’ by her university.” (Andrea Mew, “Payton McNabb Prevails In Title IX Case As Legal Fights Over Sex Definitions Heat Up,” Independent Women’s Forum, 3/11/25)
• McNabb’s Attorney Alleged That WCU Leaders Actually Encouraged The Male To File The Title IX Complaint Against McNabb. “In addition, Boyle said university leaders contacted the trans-identifying man and encouraged him to file a complaint after McNabb posted a video of the incident on X. The College Fix contacted WCU’s Title IX Office and media relations team via email and voicemail in the last week regarding the process of the investigation.” (Anna Poff, “Women’s Sports Advocate Payton McNabb Wins Title IX Case Over Trans Bathroom Dispute,” The College Fix, 3/17/25)
• The University Later Dropped The Investigation Against McNabb, Determining That She Had Not Harassed The Man And Had Actually Been Polite In Questioning Why He Was Using The Women’s Bathroom. “Western Carolina University student Payton McNabb emerged victorious this month after facing a university civil rights investigation for voicing her discomfort over a trans-identifying male using a women’s restroom on campus. The public, North Carolina university determined that McNabb had not harassed the man, but had been polite when questioning why he was using the women’s restroom, the Independent Women’s Forum reported. McNabb’s attorney, Ellis Boyle, told The College Fix that a key challenge his team faced was the investigator’s lack of neutrality, as they appeared to be ‘sympathetic to the cause of the day.’” (Anna Poff, “Women’s Sports Advocate Payton McNabb Wins Title IX Case Over Trans Bathroom Dispute,” The College Fix, 3/17/25)

McNabb Was Already A Vocal Advocate Against Trans Athletes As A Result A Traumatic Brain Injury She Experienced In High School, Caused By A Biologically Male Transgender Volleyball Player. “Payton McNabb had dreams of becoming a college athlete, until a volleyball spiked by a transgender competitor came within inches of killing her when she was 17 and forever changed the trajectory of her life. Now, in the hopes of preventing history from repeating itself, she’s sharing her story in the new documentary ‘Kill Shot: How Payton McNabb Turned Tragedy Into Triumph,’ created by the Independent Women’s Forum. ‘If my story can in any way help prevent this from happening to at least just one woman or girl, then it was all worth it,’ McNabb, now 19, told The Post.” (Rikki Schlott, “Volleyball Player ‘Fights For Truth’ After Being Severely Injured By Trans Opponent: ‘If Only My Rights Had Been More Important Than A Man’s Feelings,” New York Post, 12/17/24)

• McNabb’s Story Was Featured In President Trump’s Joint Address To Congress And Present At The Capitol During The Speech. PRESIDENT TRUMP: “Three years ago, Payton McNabb was an all-star high school athlete — one of the best — preparing for a future in college sports.  But when her girls’ volleyball match was invaded by a male, he smashed the ball so hard in Payton’s face, causing traumatic brain injury, partially paralyzing her right side, and ending her athletic career.  It was a shot like she’s never seen before.  She’s never seen anything like it.”(President Trump, Remarks In Joint Address To Congress, Washington, D.C., 3/4/25)

Reaction to President Trump’s Actions on Title IX

WCU Determined That The School Would “Not [Be] Making Changes Based” On Trump’s EO

After President Trump Signed An Executive Order Defining Gender As Man Or Woman, WCU’s Chief Compliance Officer Sent A Legal Analysis To The WCU Community Arguing That Because Of Existing Court Orders Her University Should “Not [Be] Making Changes Based On This EO.” (Kelly Tornow, Email To Deidre Hopkins et al., 1/22/25, Western Carolina University FOIA Request, 3/27/25, P. 234)

• WCU’s Chief Compliance Officer Argued Existing Court Precedent Prohibits The University From Discriminating Against Transgender People On The Basis That It Violates The Equal Protection Clause And Title IX.   (Kelly Tornow, Email To Deidre Hopkins et al., 1/22/25, Western Carolina University FOIA Request, 3/27/25, P. 234)

(Kelly Tornow, Email To Deidre Hopkins et al., 1/22/25, Western Carolina University FOIA Request, 3/27/25, P. 234)

Response To The Department Of Education’s Dear Colleague Letter

WCU Said They Would “Continue To Analyze Allegations Of Sex Discrimination Based On Sexual Orientation And Gender Identity For Title IX Enforcement.”

In An Email Sent In Response To The Department Of Education’s Dear Colleague Letter Detailing How The Administration Would Implement The President’s Order, The Compliance Officer Clarified To Another WCU Administrator That “We Will Continue To Analyze Allegations Of Sex Discrimination Based On Sexual Orientation And Gender Identity For Title IX Enforcement.” (Kelly Tornow, Email To Kim Winter, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 406-407)

(Kelly Tornow, Email To Kim Winter, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 406-407)

(Kelly Tornow, Email To Kim Winter, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 406-407)

WCU Leaders Complained “The Whole World Is A Mess” In Response To Trump Actions

WCU’s Chief Compliance Officer And The Dean Of The College Of Education Complained “The Whole World Is A Mess Right Now”

WCU’s Chief Compliance Officer And The Dean Of The College Of Education Lamented That They Felt Like “The Whole World Is A Mess Right Now.” (Kelly Tornow, Email To Kim Winter, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 573)

(Kelly Tornow, Email To Kim Winter, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 573)

WCU’s Chief Compliance Officer In Her Analysis Of President Trump’s EO: “It Is A Confusing Mess Right Now”

WCU’s Chief Compliance Officer Also Noted In Her Analysis Of President Trump’s EO, “I Know It Is A Confusing Mess Right Now.” (Kelly Tornow, Email To Kim Winter, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 406-407)

(Kelly Tornow, Email To Kim Winter, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 406-407)

Response To Trans Students On Campus

WCU’s Equity Officer Told The Trans+ Student Union Faculty Advisor That The School Would Continue To Apply Gender Identity Labels When Considering Discrimination Issues.

In An Email Responding To WCU’s Trans+ Student Union Faculty Advisor, WCU’s Title IX Coordinator and Equity Officer Clarified That The School Would Continue To Apply Gender Identity Labels When Considering Discrimination Issues. (Beth Huber, Emails To Deidre Hopkins, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 129, 580, 597)

• She Noted That Faculty Are Still Required To Report Any And All Harassment Against Transgender Students They See. (Beth Huber, Emails To Deidre Hopkins, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 129, 580, 597)
• She Hoped That Her Response To The Faculty Advisor Would “Give [Her] Comfort.” (Beth Huber, Emails To Deidre Hopkins, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 129, 580, 597)

(Beth Huber, Emails To Deidre Hopkins, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 129)

(Beth Huber, Emails To Deidre Hopkins, 2/5/25, Western Carolina University FOIA Request, 3/27/25, P. 580)

The Trans Union Faculty Administrator Later Thanked WCU’s Title IX Coordinator and Equity Officer For Her “Continued Attention To This Group Of Students.” (Beth Huber, Emails To Deidre Hopkins, 2/8/25, Western Carolina University FOIA Request, 3/27/25, P. 597)

(Beth Huber, Emails To Deidre Hopkins, 2/8/25, Western Carolina University FOIA Request, 3/27/25, P. 597)