Student's viral video of trans woman in ladies' restroom spurs campus investigation, renewed debate

A North Carolina university is investigating after student Payton McNabb – who suffered long-term physical and mental injuries when a transgender volleyball player spiked a ball and hit her in the face during a high school match – filmed herself confronting a transgender woman in one of the girls' bathrooms on campus.

"Western Carolina University is dedicated to fostering a safe and welcoming environment for all students. The university's primary concern is the safety and wellbeing of all members of its campus community," a spokesperson for the school said in a statement issued to Fox News Digital. "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."

Western Carolina did not respond to a follow-up question about the focus of the investigation and whether McNabb is at risk of disciplinary action.

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In 2016, North Carolina enacted the nation's inaugural "bathroom bill," mandating individuals to use restrooms corresponding to their biological sex.  (Sara D. Davis / Stringer)

In the video, first uploaded to X last week, McNabb can be heard asking, "Why are you in the girls' bathroom?"

The individual, who has not been identified, responds, "I'm a trans girl." 

"But you're not a girl," McNabb replies. 

"Interesting, I've never had this before. I don't know what to say, I'm sorry you feel that way," the person says.

McNabb then tells the individual that she pays "a lot of money to be safe in the bathroom." 

Encountering men in "intimate spaces can be an extremely uncomfortable and emotionally distressing experience for women," Independent Women's Law Center director May Mailman, representing McNabb, told Fox News Digital. 

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Payton McNabb speaks on "America's Newsroom" with Dana Perino and Bill Hemmer. (Fox News)

"Including those like Payton who suffered and continue to experience trauma," Mailman said. "No matter what men are wearing or how they feel internally, schools can't forget about their obligation to women."

Mailman added that she is fearful that colleges "seem more interested" in "investigating a polite inquiry of what a man is doing in a woman's bathroom" than dealing with recent instances of anti-Israel unrest on campuses.

After the video circulated on X, McNabb said she started facing threats from students who were encouraging others to report her to the university for being "transphobic."

"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," McNabb wrote on X, formerly Twitter. "I believe in everyone's right to their own opinion, and I shouldn't face punishment simply because I felt uncomfortable with a man being in our bathroom."

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Several bathroom bills have been enacted across the nation after North Carolina's 2016 law. (Logan Cyrus)

In September 2022, McNabb was injured during a high-school volleyball game by a transgender athlete on the opposing team who spiked the volleyball and struck her in the face, causing her to fall backward and suffer a concussion and neck injury. 

"Other injuries I still suffer from today include impaired vision, partial paralysis on my right side, constant headaches, as well as anxiety and depression," McNabb said during a press conference last year. "My ability to learn, retain [and] comprehend has also been impaired, and I require accommodations at school for testing because of this." 

In 2016, North Carolina enacted the nation's first "bathroom bill," mandating individuals to use restrooms corresponding to their biological sex. Since then, dozens of similar bills have passed in several state legislatures.

However, a year later, several portions of the bill were repealed, and the federal departments of education and justice issued guidance stating that public universities receiving federal funds are required to treat a student's gender identity as their sex, including in bathrooms.

The Biden administration also revised Title IX last month. Under the new rules, sex discrimination includes discrimination based on gender identity as well as sexual orientation. A school must not separate or treat people differently based on sex, except under limited circumstances, according to the provisions, and critics say that the change will allow locker rooms and bathrooms to be based on gender identity.

Fox News Digital's Michael Dorgan contributed to this report. 

Jamie Joseph is a writer who covers politics. She leads Fox News Digital coverage of the Senate.