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)

EXHIBIT 24

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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,

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)
)

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14-cv-14176-

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vs.

Civ. No.
(ADS)

PRESIDENT AND FELLOWS OF HARVARD
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)

COLLEGE (HARVARD CORPORATION),

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)

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Defendant.

)

------------------------------------X
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July 27, 2017

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1:00 p.m.

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DEPOSITION OF

, taken by

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Defendant, held at the offices of Wilmer Cutler

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Pickering Hale and Dorr LLP, 7 World Trade Center,

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New York, New York, pursuant to Subpoena, before by

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Mayleen Ahmed, a Registered Merit Reporter,

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Certified Realtime Reporter, Washington Certified

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Court Reporter, and Notary Public of the State of

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New York.

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leadership at SFFA.

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MR. PARK:

I'm going to instruct the

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witness not to answer that with respect to the

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governance issue, as before.

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Q.

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Did you personally vote to elect

any Board member of SFFA?

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Okay.

MR. PARKS:
Q.

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Objection.

Setting aside the structural question.
MR. PARKS:

Objection.

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amendment privilege.

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That's first

answer, technically.

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MR. WINIK:

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objection.

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Q.

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Or instruction not to

Okay.

We disagree with the

We can move on.

Do you know who the treasurer of SFFA is?
MR. PARK:

You can answer.

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A.

I don't know who the treasurer is.

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Q.

Do you know who the secretary of SFFA is?

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A.

I don't know who that is either.

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Q.

Do you know who the president of SFFA is?

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MR. PARKS:

Objection.

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A.

I think it's Mr. Edward Blum.

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Q.

Have you ever spoken to Richard Fisher?

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A.

No, I don't think so.

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Q.

Did you ever communicate with him, by

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email or otherwise?

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A.

No.

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Q.

How about Abigail Fisher?

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A.

No.

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Q.

Do you know who's responsible for the

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day-to-day operations of SFFA?

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MR. PARKS:

Objection.

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A.

No.

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Q.

You said earlier that you hadn't attended

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a conference call with SFFA.

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Have you ever

attended an in-person meeting?

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A.

With who?

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Q.

With other SFFA members.

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A.

No.

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Q.

Do you know if SFFA has ever held an

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in-person meeting with the members?
A.

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I don't know if they have.
MR. WINIK:

Could you mark that as

exhibit 3, please?

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Exhibit 3, 6/30/15 letter re:

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Annual report of Students for Fair Admissions,

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SFFA-Harvard 0000119-122, marked for

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identification, as of this date.)

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Q.

212-279-9424

Take a moment to look at that document.

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Q.

Does that affect your answer about

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whether you would apply to transfer to Harvard if

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Harvard were to cease the consideration of race in

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admissions?

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MR. PARKS:

Objection.

And I'll also

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just repeat my objection to the document,

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although I note what you represent it to be.

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You can answer.

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A.

Could you repeat the question?

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Q.

I just read to you a document saying --

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A.

Uh-hmm.

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Q.

-- that to be eligible to transfer to

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Harvard, a student cannot have completed more than

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two years of college at another institution.

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A.

Uh-hmm.

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Q.

You completed one year at

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A.

Right.

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Q.

Does this policy change the answer you

?

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gave me about whether you would apply to transfer

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to Harvard if Harvard were to stop considering

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race?

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MR. PARKS:
A.

Objection.

If Harvard were to cease the

consideration of race, I would still apply for

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transfer.

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Q.

Are you planning to go to

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A.

Yes.

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Q.

Have you thought about taking a leave of

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absence from

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next year?

?

MR. PARKS:

Objection.

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A.

No.

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Q.

So if two years from now Harvard ceases

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the consideration of race, would you apply to

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transfer to Harvard?

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MR. PARKS:

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(Witness reviewing document.)

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A.

Objection.

If I'm no longer eligible for transfer

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admission, then I would not apply to transfer, I

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guess.

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Q.

Okay.

Do you know what concentration you

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would pursue if you were to transfer to Harvard?

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Sorry.

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MR. PARKS:
Q.

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I should say, concentration is what

Harvard calls a major, if that makes it clear.

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Objection.

MR. PARKS:
A.

Objection.

If I were to be a student at Harvard, I

think I would pursue a concentration of economics.

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C E R T I F I C A T E

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STATE OF NEW YORK
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)
) ss.

COUNTY OF BRONX

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I, MAYLEEN AHMED, a Registered Merit

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Reporter, Certified Realtime Reporter,

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Washington Certified Court Reporter and Notary

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Public of the State of New York, do hereby

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certify that the foregoing deposition of

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was taken stenographically before me

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on July 27, 2017 and transcribed by me.

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That the witness was duly sworn by me,

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and that such deposition is a true record of

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the testimony given by such witness.

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I further certify that I am not related

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to any of the parties to this action by blood

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or marriage, and that I am in no way interested

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in the outcome of this matter.

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IN WITNESS WHEREOF, I have hereunto set

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my hand this 3rd day of August 2017.

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<%Signature%>
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--------------------------------------

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MAYLEEN AHMED, RMR, CRR, WA CCR No. 3402

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