Karen's son Kevin, adamantly advances his mother's perspectives in his position as a student leader at the University of Alabama. As the President of the Fraternity Council, he vociferously refused to support the admission of black students into traditionally white fraternities and student organizations. Kevin has often entered into shouting matches with Black students about their value at the University. On one occasion, according to a group of Black students, he went too far when he shouted the following outside the Black Student Union with a megaphone:

"Get a grip you idiots! Black Lives Don't Matter!! 70% of you all are born to women who aren't married, all you do is shoot each other and sell drugs, and based on your intellect, most of you all shouldn't even be here. All you can do is run and jump like monkeys so you can entertain us white people. But we prefer that you just Go Back to Africa! Students brought charges under the University of Alabama Anti-Harassment Policy (Policy), which had been approved by the Board of Trustees several years before: Language that refers to any individual's race, color, religion, national origin, or culture in an offensive, demeaning, or harassing manner is not conducive to the educational environment at the University of Alabama and will not be tolerated. A formal investigation by the Office of Student Affairs will follow each alleged incident. If the investigation verifies that the incident occured, a formal hearing must occur and the student will be subject to disciplinary action, including suspension and expulsion from the University. The required hearing occurred and Kevin was placed on probation for a year and given a warning that future incidents of a similar nature could lead to expulsion. Black students vehemently protested the leniency of the University's decision. Jeleni, a Black student, used language in a class that a professor found threatening and offensive. Jelini was immediately expelled without a hearing. Jeleni sues the University.

If the University offers to lessen the charge to probation for a year with a warning that future incidents of a similar nature could lead to expulsion, in return for Jeleni dropping the lawsuit, should Jeleni accept the offer? Yes or no? What are the issues to consider? Explain in full