Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al

Filing 415

DECLARATION re 412 MOTION for Summary Judgment by Students for Fair Admissions, Inc.. (Attachments: # 1 Exhibit Expert Report, # 2 Exhibit Rebuttal Expert Report, # 3 Errata Errata)(Consovoy, William) (Additional attachment(s) added on 6/18/2018: # 4 Unredacted version of Declaration of P. Arcidiacono, # 5 Exhibit A- unredacted version, # 6 Exhibit B-unredacted version) (Montes, Mariliz).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

STUDENTS FOR FAIR ADMISSIONS, INC.,
Plaintiff,
v.

Civil Action No. 1:14-cv-14176-ADB

PRESIDENT AND FELLOWS OF
HARVARD COLLEGE (HARVARD
CORPORATION),
Defendant.

DECLARATION OF PETER ARCIDIACONO
I, Peter Arcidiacono, pursuant to 28 U.S.C. § 1746, declare the following:
1.

I make this declaration at the request of counsel for Plaintiff Students for Fair

Admissions, Inc. (“SFFA”), and if called upon to testify as to the contents of this declaration
would testify competently thereto.
My Reports
2.

Attached as Exhibit A to this declaration is a true and correct copy of my expert

report signed October 16, 2017 and served on Harvard on the same day.
3.

I have personal knowledge of the contents of the expert report attached as

Exhibit A.
4.

I hereby verify that the contents of my expert report attached as Exhibit A are true

and accurate.
5.

Attached as Exhibit B to this declaration is a true and correct copy of my rebuttal

expert report signed January 29, 2018 and served on Harvard on the same day.

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6.

I have personal knowledge of the contents of the rebuttal expert report attached as

Exhibit B.
7.

I hereby verify that the contents of my rebuttal expert report attached as Exhibit B

are true and accurate, subject to the attached errata.
8.

Attached as Exhibit C to this declaration is a true and correct copy of the errata to

my rebuttal expert report signed on April 6, 2018 and served on Harvard on the same day.
9.

I have personal knowledge of the contents of the errata to my rebuttal expert

report attached as Exhibit C.
10.

I hereby verify that the contents of the errata to my rebuttal expert report attached

as Exhibit C are true and accurate.
Likely Letters
11.

The Admissions Office uses “likely letters” as a recruiting tool to encourage

certain candidates to attend Harvard.

12.

The following table reflects a count of non-athlete applicants receiving a “likely

letter,” taken from domestic applicants in the raw data produced by Harvard.

2

Utah Applicants
13.
admitted

The data produced by Harvard reveals that, in the Spring of 2014, Harvard
students from Utah into the Class of 2018; only

were Asian-American

applicants.
Stuvesant Case Study
14.

In advance of the deposition of Casey Pedrick, counsel for SFFA asked me to pull

data on the number of applicants and admits from Stuyvesant. The data shown in Table 2
displays the data I gave to counsel for SFFA in advance of the Pedrick deposition. It reflects an
accurate count of Stuyvesant applicants and admits from the raw data set produced by Harvard.

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4

Non-Racial Preferences
15.

According to data produced by Harvard in this matter, Harvard has admitted the

following numbers and shares of domestic applicants and admits by race/ethnicity for various
categories of preferences—legacy, Dean’s/Director’s List, Harvard faculty/staff, early action,
and the Z-List—from the Class of 2014 through the Class of 2019:

5

Disadvantaged & FGC Shares
16.
domestic

According to data produced by Harvard in this matter, the number and share of
applicants

and

admits

by

race/ethnicity

for

additional

factors—being

socioeconomically “disadvantaged” and being first generation college—from the Class of 2014
through the Class of 2019 are as follows:

Applicants with the Highest Academic, Extracurricular, and Personal Ratings
17.

In connection with his examination of race-neutral alternatives, Professor Card

created “Card Simulation 4x.” See generally Card Report 106-118. Harvard produced the dataset
Professor Card used to create that simulation. Table 5 reflects an accurate count of the number of
applicants (by racial/ethnic group) from the sample Card deemed eligible for his simulation who
received a 1, 2, 3, 4, or 5 on the academic, extracurricular, and personal ratings.

6

Table 5
Academic Rating
Expanded Sample
year Admit
2014
0
2015
0
2016
0
2017
0
2018
0
2019
0
2014
1
2015
1
2016
1
2017
1
2018
1
2019
1

number_of_5
758
1113
1182
1044
885
983
1
2
1

Extracurricular Rating
Expanded Sample
year
Admit
number_of_5
2014
0
70
2015
0
164
2016
0
198
2017
0
147
2018
0
137
2019
0
184
2014
1
3
2015
1
8
2016
1
14
2017
1
8
2018
1
7
2019
1
12

number_of_4
2703
3000
3006
3072
2729
3005
29
36
32
27
19
32

number_of_3
8672
10053
9241
8854
9328
9484
492
435
386
388
353
375

number_of_2
7215
8807
8666
9119
9220
9941
1252
1266
1262
1254
1242
1224

number_of_1
36
39
39
19
27
40
81
95
92
53
82
47

number_of_4 number_of_3 number_of_2 number_of_1
1092
14189
3994
39
939
16776
5095
38
808
16755
4332
41
659
16814
4454
34
510
16545
4966
31
444
17748
5050
27
56
679
1077
39
48
653
1083
41
27
703
996
32
18
647
1006
45
25
666
974
24
13
609
1011
34

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Personal Rating
Expanded Sample
year Admit
2014
0
2015
0
2016
0
2017
0
2018
0
2019
0
2014
1
2015
1
2016
1
2017
1
2018
1
2019
1

number_of_5
2
8
3
2
3
6

number_of_4 number_of_3 number_of_2 number_of_1
112
15884
3385
1
98
19121
3782
3
72
18516
3541
2
79
18845
3182
117
17919
4145
5
125
19382
3938
2
1
467
1385
1
494
1331
8
490
1275
7
471
1253
438
1256
2
486
1187
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I declare under penalty of perjury, under the laws of the United States, that the foregoing
is true and correct to the best of my knowledge.

Executed on this day, June 14, 2018.

/s/ Peter Arcidiacono
Peter Arcidiacono

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