At the intersection of equality and liberty lie many hard cases that require careful consideration of complex evidence and subtle balancing of competing rights. But this is not one of them. If I were the OCR I would listen to the ACLU and uphold free expression at Berkeley.
The Title IX Complaint documents the high-profile sexual harassment that has taken place at Yale over the last few years. Without actually punishing the harassers, without calling it sexual harassment, Yale allows this culture to persist.