It makes no reference to the federal district court decisions that that have consistently struck down the kind of overly broad and vague policies that this Education Department guidelines seem to implicitly advocate. I think because school are not appealing the district-level decisions. Indeed, many are settling before even the district court can make a decision. A fraternity at the U. of California at Riverside was banned for offensive T-shirts. They sued and the university settled.
University administrators have to take First Amendment senstivity classes.
The Education Department should learn a little about academic freedom and freedom of speech. This is Doe v. University of Michigan. In this widely referenced decision, the district judge down struck the University's rules against discriminatory harassment because the rules were found to be too broad and too vague. The full text of UWM POST v. U. of Wisconsin. This recent district court ruling goes into detail about the difference between protected offensive expression and illegal harassment.