The Wake County Public School System passed policy changes Tuesday night that will more broadly define “sex-based harassment” that critics worry could potentially open the door to pronoun policing.

The policy will rephrase sexual harassment to sex-based harassment, potentially punishing people who don’t comply with proper pronoun usage. Wake County School District policies prohibit discrimination, harassment, and bullying already, but the new revisions are in response to the Biden administration’s changes to the definition of sex in Title IX. 

Title IX was adopted in 1972 to protect individuals from sex-based discrimination in educational institutions that receive federal funds. However, President Joe Biden signed an executive order in 2021 pertaining to sexual orientation and gender identity discrimination that the Department of Education finalized in April. Since then, federal courts have temporarily blocked the updated Title IX rules from taking effect in 14 states.

Board members say they have a legal obligation to follow the changes by August 1, or they could face fines up to the full amount of the federal dollars they receive, which is well over $100 million. In a 7-2 vote, the Board approved policy changes that comply with the updated definition of Title IX. Wake County schools will see adjustments to Policy 1710, which prohibits discrimination and harassment, and Policy 1720, the complaint process.

“Redefining sex is a political agenda,” asserted board member Cheryl Caulfield. “This new rule to Title IX undermines the very thing it was set up to do. Women fought hard for these rights. It absolutely erodes the foundation and its purpose and removes the very protections it was created to foster.”

Board members said just as they were required to follow the Parents’ Bill of Rights law passed by the state legislators last year, they are also required to follow federal law. However, they say it will not conflict with state law that says sports must be specifically set to a biological sex or co-ed.

Roughly two dozen people spoke during public testimony on the Title IX policy and on a different matter pertaining to banning phones in schools.

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Caulfield, who has been on the board for 19 months, argued that all women—and even men—should be appalled at the proposed changes to Title IX. Caulfield referred to a recent article published in The New York Times that contains information about how gender-affirming care does not help and sometimes causes more harm. 

Raising concerns about student safety, she said allowing biological boys into girls’ locker rooms is dangerous, intimidating, and uncomfortable, adding that a student has requested single-stall bathrooms for their own protection. She made a motion to include language that defines what sex harassment is not based on the First Amendment, such as clarifying that harassment is not refusing to use preferred pronouns or segregating sexes based on biology for overnight trips, bathrooms, and locker rooms. 

The amendment failed along party lines, with board chair Chris Heagarty saying, “By the very nature of defining harassment and how harassment has been defined, simply claiming the First Amendment as a defense is just not adequate.”

Laura Macklem, press and political director at NC Values Coalition, warned of the forthcoming consequences of the updated policy, including “pronoun police” that determine what is considered harassment.

“Now school staff members and students will be forced to use “preferred” names and pronouns which is a violation of both freedom of religion and speech,” stated Macklem. “One school board member even stated certain “looks” should be considered harassment and included in the policy. The changes also would create “Pronoun Police,” requiring non-confidential employees to report violations. The Wake School Board majority has failed to protect girls, teachers and staff in their school system.”

Dr. Wing Ng, the one other board member to vote against the Title IX policy changes, urged the Board to consider who they are trying to protect and what is the original intent of Title IX. With two daughters, one of whom is a competitive swimmer, he raised concern over the impact that Title IX changes could have on women’s sports as his daughter gets older.  

“When the definition of sex no longer means boy, girl, man, woman, how do we properly protect our daughters who are athletes?” he asked while also calling attention to the direct impacts on every individual’s First Amendment rights. 

The school district is in the business of teaching students, and teaching them “they/them” pronouns is “just not proper English ironically,” Caulfield argued.

“We need more emphasis on literacy and not using incorrect pronouns like they and them,” she said. “I’m sorry. It just refers to multiple people. It’s not proper English. It’s confusing. Instead of prioritizing these types of policies, I think we need to put focus on academics.”