Would not an argument for wrongful harassment depend on your showing that Wax made the alleged disparaging statement to Allen precisely because Allen was a Black person? But you do not allege that—in fact, the real “problem” is not that Professor Wax had singled out Professor Allen or other Black members of the Penn community, but that Professor Wax makes these statements in public, all the time, to one-and-all. The real “problem” is that you disagree with the purportedly illiberal content of her alleged statements.
If your point is that Professor Wax broke an academic norm because she made a disparaging statement about gay people to Professor Wolff, a gay person, but her statement would otherwise be A-OK had her audience been entirely absent any gay person, then you are (again) advocating intellectual apartheid for your university. Would not an argument for wrongful harassment depend on your showing that Wax made the alleged disparaging statement during the panel discussion precisely because Wolff, her fellow panelist, was a gay person? But you do not allege that—in fact, the real “problem” is not that Professor Wax had singled out Professor Wolff or other gay members of the Penn community, but that Professor Wax makes these statements in public, all the time, to one-and-all. The real “problem” is that you disagree with the purportedly illiberal content of her alleged statements.
Your framing the issue here, i.e., Professor Wax’s speech, in terms of discriminatory conduct or harassment is simply a cover—to make the censorship of ideas in an academic setting appear palatable.