Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al
Filing
419
DECLARATION re 417 MOTION for Summary Judgment by President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97)(Ellsworth, Felicia)
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EXHIBIT 22
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF MASSACHUSETTS
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STUDENTS FOR FAIR ADMISSIONS, INC.,
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Plaintiff,
vs.
Case No.
1:14-cv-14176-ADB
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PRESIDENT AND FELLOWS OF HARVARD
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COLLEGE (HARVARD CORPORATION),
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Defendant.
________________________________________________________
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DEPOSITION OF
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Palo Alto, California
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Monday, July 24, 2017
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Reported By:
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TAVIA A. MANNING
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CSR No. 13294, RPR, CLR, CCRR
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212-279-9424
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Page 38
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a member; is that right?
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MR. PARK:
Objection.
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THE WITNESS:
Well, around that number.
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can't say it was exactly four or five.
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I
BY MS. SANDALS:
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Q.
So approximately four or five?
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A.
Yeah.
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Q.
And you've attended this deposition or you are
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attending this deposition.
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Yeah.
Have you had any other involvement in SFFA
since becoming a member?
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MR. PARK:
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THE WITNESS:
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Objection.
I don't believe so.
BY MS. SANDALS:
Q.
Have you ever participated in a meeting of
SFFA's membership?
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A.
No, I haven't, though I have received invites.
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Q.
On how many occasions have you received invites
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for meetings of SFFA's membership?
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A.
I think two to three.
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Q.
And were those invitations for the same meeting
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or for two to three separate meetings?
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A.
I believe they were for separate meetings.
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Q.
Do you recall when those meetings took place?
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A.
No.
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A.
No, I have not.
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Q.
Do you know whether Dr. Chen is still a board
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member of SFFA?
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A.
No, I don't know that.
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Q.
Do you know whether SFFA members had the
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ability to elect either of these board members, Dr. Zhou
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or Dr. Chen?
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MR. PARK:
BY MS. SANDALS:
Q.
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Objection.
No, I don't know that.
Were you involved in any elections of SFFA
board members?
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MR. PARK:
Objection.
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I am going to instruct the witness not to
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answer that question.
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MS. SANDALS:
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MR. PARK:
On what basis?
The Court's order from last month
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saying that the indicia of membership test doesn't apply
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to SFFA.
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those very indicia that are not part of this case are
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not proper.
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violation of the Court's order and they're harassing.
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So your continued efforts to seek discovery on
They're not relevant.
MS. SANDALS:
They are in
Mike, I was just trying to
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clarify if this was a First Amendment or other privilege
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ground, and that's all you need to say.
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THE WITNESS:
No, I don't believe so.
BY MS. SANDALS:
Q.
Did you discuss Exhibit 2 with anybody after
you received it by e-mail?
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A.
No, I did not.
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Q.
Okay.
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You can set this document aside.
Do you know whether your father has provided
input to SFFA?
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A.
No, I don't know.
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Q.
Have you donated money to SFFA?
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A.
I don't believe so.
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Q.
Has your father donated money to SFFA?
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A.
I don't know.
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Q.
, you have completed your first year at
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; is that correct?
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A.
Yes, that is correct.
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Q.
Do you intend to apply to transfer from
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to Harvard College?
A.
I would do it if Harvard were to end
affirmative-action-based admissions.
Q.
And you're using affirmative action in the same
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way you were using it earlier that we've already
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discussed?
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A.
Yes.
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Q.
So if I told you that Harvard was not engaging
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MR. PARK:
Objection.
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THE WITNESS:
Potentially if Harvard were to
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end affirmative-action-based admissions.
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BY MS. SANDALS:
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Q.
If Harvard continues to use race as one factor
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of many in its whole-person admissions process, would
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you apply to transfer to Harvard this coming academic
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year?
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MR. PARK:
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Objection.
THE WITNESS:
BY MS. SANDALS:
Q.
Have you looked into the eligibility
requirements for transferring to Harvard College?
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MR. PARK:
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THE WITNESS:
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I most likely would not.
Objection.
No, I have not.
BY MS. SANDALS:
Q.
If I represent to you that you would be
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ineligible to transfer to Harvard College after this
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year, would you consider applying to transfer to Harvard
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this coming year?
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MR. PARK:
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THE WITNESS:
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If I were ineligible, I would not
apply to transfer.
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Objection.
BY MS. SANDALS:
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Q.
212-279-9424
So if I told you that you would be ineligible
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I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:
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That the foregoing proceedings were taken
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before me at the time and place herein set forth; that
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any witnesses in the foregoing proceedings, prior to
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testifying, were placed under oath; that a verbatim
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record of the proceedings was made by me using machine
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shorthand which was thereafter transcribed under my
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direction; that the foregoing transcript is a true
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record of the testimony given.
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Further, that if the foregoing pertains to the
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original transcript of a deposition in a Federal Case,
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before completion of the proceedings, review of the
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transcript [] was [X] was not requested.
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I further certify I am neither financially
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interested in the action nor a relative or employee of
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any attorney of any of the party to this action.
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IN WITNESS WHEREOF, I have this date
subscribed my name.
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Dated: August 3, 2017
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<%Signature%>
TAVIA A. MANNING
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CSR No. 13294, RPR, CLR, CCRR
25
212-279-9424
Veritext Legal Solutions
www.veritext.com
212-490-3430
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