“I think there’s going to be an overcorrection,” he said. “It is going to lead to some perfectly legal programs that support fostering racially inclusive communities on campus being taken away.”

It’s also unclear how much resistance colleges will put up. Li believes there’s a strong case to be made that some of the practices targeted in the Dear Colleague letter are perfectly legal. Higher ed institutions under investigation could refuse to make changes and go head to head with the Department of Justice. But they’d be signing up for an onerous, likely expensive process that puts their funding in jeopardy.

“The question is, is anyone willing to litigate it?” Li said.

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