On Friday, Western Carolina University (WCU) found Payton McNabb “not responsible” following a Title IX hearing concerning reports of sexual harassment made against McNabb concerning her encounter with what she believed to be a biological male in the women’s restroom.
Back in May, McNabb confronted a student who she believed to be a biological male for being in the women’s restroom at WCU.
McNabb (off camera): “Why are you in the girl’s bathroom?”
The person responded: “I’m a trans girl.”
McNabb: “But you’re not a girl.”
“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 walk into the bathroom.
McNabb: “I pay a lot of money to be safe in the bathroom.”
“Me too,” replied the person.
Via video posted to McNabb’s X account
A man using the girls bathroom at Western Carolina University. Unreal pic.twitter.com/yPXXBN8Aqd
— Payton McNabb (@paytonmcnabb_) May 2, 2024
The day after the incident, she was reported to the WCU for alleged transphobia.
Currently, I’m facing reports to the school for alleged “transphobia,” alongside attempts to tear down my sorority, despite it having nothing to do with it. I believe in everyone’s right to their own opinion, and I shouldn’t face punishment simply because I felt uncomfortable… pic.twitter.com/1wCqAoX0Cu
— Payton McNabb (@paytonmcnabb_) May 3, 2024
“We are sad that she had to go through this process; she never intended any harm to any individuals,” Ellis Boyle, a civil rights trial attorney with Ward and Smith law firm, told the Carolina Journal. “She was merely trying to exercise her free speech rights about a concern that is very much an open debate and an open topic of debate in America. She is glad she had the opportunity to explain her position and agrees with the panels’ finding that she was not responsible for violating any version of WCU’s Title IX policy.”
Three elements were needed to prove sexual harassment: severe, pervasive, and objectively offensive. All three elements could not be proven, and McNabb was found “not responsible” under WCU Title IX Policy.
It is important to note that this was not a legal proceeding in a court of law; no lawsuit was filed, and no legal charges were brought against McNabb. This was an internal WCU proceeding.
McNabb did not respond to the Carolina Journal’s request for comment.