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

Filing 421

DECLARATION re 412 MOTION for Summary Judgment by Students for Fair Admissions, Inc.. (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, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104, # 105 Exhibit 105, # 106 Exhibit 106, # 107 Exhibit 107, # 108 Exhibit 108, # 109 Exhibit 109, # 110 Exhibit 110, # 111 Exhibit 111, # 112 Exhibit 112, # 113 Exhibit 113, # 114 Exhibit 114, # 115 Exhibit 115, # 116 Exhibit 116, # 117 Exhibit 117, # 118 Exhibit 118, # 119 Exhibit 119, # 120 Exhibit 120, # 121 Exhibit 121, # 122 Exhibit 122, # 123 Exhibit 123, # 124 Exhibit 124, # 125 Exhibit 125, # 126 Exhibit 126, # 127 Exhibit 127, # 128 Exhibit 128, # 129 Exhibit 129, # 130 Exhibit 130, # 131 Exhibit 131, # 132 Exhibit 132, # 133 Exhibit 133, # 134 Exhibit 134, # 135 Exhibit 135, # 136 Exhibit 136, # 137 Exhibit 137, # 138 Exhibit 138, # 139 Exhibit 139, # 140 Exhibit 140, # 141 Exhibit 141, # 142 Exhibit 142, # 143 Exhibit 143, # 144 Exhibit 144, # 145 Exhibit 145, # 146 Exhibit 146, # 147 Exhibit 147, # 148 Exhibit 148, # 149 Exhibit 149, # 150 Exhibit 150, # 151 Exhibit 151, # 152 Exhibit 152, # 153 Exhibit 153, # 154 Exhibit 154, # 155 Exhibit 155, # 156 Exhibit 156, # 157 Exhibit 157, # 158 Exhibit 158, # 159 Exhibit 159, # 160 Exhibit 160, # 161 Exhibit 161, # 162 Exhibit 162, # 163 Exhibit 163, # 164 Exhibit 164, # 165 Exhibit 165, # 166 Exhibit 166, # 167 Exhibit 167, # 168 Exhibit 168, # 169 Exhibit 169, # 170 Exhibit 170, # 171 Exhibit 171, # 172 Exhibit 172, # 173 Exhibit 173, # 174 Exhibit 174, # 175 Exhibit 175, # 176 Exhibit 176, # 177 Exhibit 177, # 178 Exhibit 178, # 179 Exhibit 179, # 180 Exhibit 180, # 181 Exhibit 181, # 182 Exhibit 182, # 183 Exhibit 183, # 184 Exhibit 184, # 185 Exhibit 185, # 186 Exhibit 186, # 187 Exhibit 187, # 188 Exhibit 188, # 189 Exhibit 189, # 190 Exhibit 190, # 191 Exhibit 191, # 192 Exhibit 192, # 193 Exhibit 193, # 194 Exhibit 194, # 195 Exhibit 195, # 196 Exhibit 196, # 197 Exhibit 197, # 198 Exhibit 198, # 199 Exhibit 199, # 200 Exhibit 200, # 201 Exhibit 201, # 202 Exhibit 202, # 203 Exhibit 203, # 204 Exhibit 204, # 205 Exhibit 205, # 206 Exhibit 206, # 207 Exhibit 207, # 208 Exhibit 208, # 209 Exhibit 209, # 210 Exhibit 210, # 211 Exhibit 211, # 212 Exhibit 212, # 213 Exhibit 213, # 214 Exhibit 214, # 215 Exhibit 215, # 216 Exhibit 216, # 217 Exhibit 217, # 218 Exhibit 218, # 219 Exhibit 219, # 220 Exhibit 220, # 221 Exhibit 221, # 222 Exhibit 222, # 223 Exhibit 223, # 224 Exhibit 224, # 225 Exhibit 225, # 226 Exhibit 226, # 227 Exhibit 227, # 228 Exhibit 228, # 229 Exhibit 229, # 230 Exhibit 230, # 231 Exhibit 231, # 232 Exhibit 232, # 233 Exhibit 233, # 234 Exhibit 234, # 235 Exhibit 235, # 236 Exhibit 236, # 237 Exhibit 237, # 238 Exhibit 238, # 239 Exhibit 239, # 240 Exhibit 240, # 241 Exhibit 241, # 242 Exhibit 242, # 243 Exhibit 243, # 244 Exhibit 244, # 245 Exhibit 245, # 246 Exhibit 246, # 247 Exhibit 247, # 248 Exhibit 248, # 249 Exhibit 249, # 250 Exhibit 250, # 251 Exhibit 251, # 252 Exhibit 252, # 253 Exhibit 253, # 254 Exhibit 254, # 255 Exhibit 255, # 256 Exhibit 256, # 257 Exhibit 257, # 258 Exhibit 258, # 259 Exhibit 259, # 260 Exhibit 260, # 261 Exhibit 261)(Consovoy, William) (Additional attachment(s) added on 6/18/2018: # 262 Unredacted version of Declaration, # 263 Exhibit 1 (filed under seal), # 264 Exhibit 2 (filed under seal), # 265 Exhibit 5 (filed under seal), # 266 Exhibit 6 (filed under seal), # 267 Exhibit 7 (filed under seal), # 268 Exhibit 8 (filed under seal), # 269 Exhibit 9 (filed under seal), # 270 Exhibit 10 (filed under seal)) (Montes, Mariliz). (Additional attachment(s) added on 6/18/2018: # 271 Exhibit 11 (filed under seal), # 272 Exhibit 12(filed under seal), # 273 Exhibit 13 (filed under seal), # 274 Exhibit 14 (filed under seal), # 275 Exhibit 16 (filed under seal), # 276 Exhibit 17(filed under seal), # 277 Exhibit 18(filed under seal), # 278 Exhibit 19 (filed under seal), # 279 Exhibit 20 (filed under seal), # 280 Exhibit 22 (filed under seal), # 281 Exhibit 23 (filed under seal), # 282 Exhibit 24 (filed under seal), # 283 Exhibit 25(filed under seal), # 284 Exhibit 26 (filed under seal), # 285 Exhibit 28 (filed under seal), # 286 Exhibit 29 (filed under seal), # 287 Exhibit 31 (filed under seal), # 288 Exhibit 32 (filed under seal), # 289 Exhibit 33 (filed under seal), # 290 Exhibit 35 (filed under seal), # 291 Exhibit 36 (filed under seal), # 292 Exhibit 37 (filed under seal), # 293 Exhibit 38(filed under seal), # 294 Exhibit 39 (filed under seal), # 295 Exhibit 40 (filed under seal), # 296 Exhibit 41, # 297 Exhibit 42 (filed under seal), # 298 Exhibit 43 (filed under seal), # 299 Exhibit 44(filed under seal), # 300 Exhibit 45 (filed under seal), # 301 Exhibit 46 (filed under seal), # 302 Exhibit 47 (filed under seal), # 303 Exhibit 48 (filed under seal), # 304 Exhibit 51 (filed under seal)) (Montes, Mariliz).

EXHIBIT 105

Statement on Asian-American Admissions
at Harvard-Radcliffe
Over the past several years, Harvard
and Radcliffe have received frequent
attention in the national news media
regarding the record numbers of
Asian-American students admitted to
its recent freshman classes. Indeed for
the past decade, Asian-Americans have
set new records every year, going from
4.8 percent of the freshman class in
1978 to the current 12.2 percent.
This is a remarkable achievement.
especially in light of the fact that
Asian-Americans comprise 2 percent
of the US population. Asian-Americans
have also met with great academic and
extracurricular success after enrolling
at Harvard and Radcliffe. In addition
to a strong representation among the
high honors graduates and Phi Beta
Kappas, Asian-Americans have been
elected Class Marshals (analogous to
senior class officers), held numerous
other elected student government and
dormitory leadership positions, headed
major publications, played on varsity
athletic teams, received national and
even international musical acclaim,
and been involved in virtually all of the
College's many extracurricular activities. Asian-Americans have also fared
extremely well in a wide variety of fellowship and scholarship competitions
such as the Marshall Scholarships, Rotary Fellowships, and National Science
Foundation awards. This year, when
Harvard and Radcliffe undergraduates
won 10 of the 32 Rhodes Scholarships
awarded in the US, two of the 10 were
Asian-American.
Harvard and Radcliffe have worked
hard to enroll so many outstanding
Asian-Americans. The Admissions Office has been actively involved in recruiting Asian-Americans for well over
10 years and will continue to do so.
Our recruiting program includes the
use of direct mail, travel by staff to
high schools and college nights. and
volunteer assistance from alumnilae
representatives. Asian-American undergraduates have made a vital contribution to these efforts by traveling
around the country (often back to their
own communities) to talk of their positive experiences at the College. hosting
visiting high school students. calling
and writing applicants and admitted
students. and representing the College
at regional and national .Asian-Anierican conferences.

The special commitment made by
our undergraduates to recruit AsianAmericans has been particularly important to the large segments of the
Asian-American population who are
poor, blue-collar, and lower middleclass. Such students often live in Chinatowns and Koreatowns (or similar
Japanese and Indian communities) or
are recent immigrants from the Philippines. Vietnam, or other parts of
Southeast Asia. Many of these students
have relatively little information about
Harvard and Radcliffe and the College's generous financial aid policies
which provide scholarship assistance to
all who need it. Two-thirds of all undergraduates are on financial aid.
Despite the great success AsianAmericans have achieved at Harvard
and Radcliffe, there has been speculation in some of the news media that
Asian-Americans are "under-represented" here or even that "quotas"
might be used to limit their numbers.
Given the fact that we have recruited
vigorously and set a new record every
year for the last decade in the numbers
of Asian-Americans admitted to the
Freshman Class, it is difficult to claim
that efforts are being made to limit the
number of Asian-Americans here. In
fact, such limitations or quotas would
be both illegal and decidedly not in
Harvard and Radcliffe's best interest.
• We seek the most talented student
body possible and it would therefore
be totally counterproductive to limit
the number of individuals in our Class
because of ethnic background. Excellence should never be "under-represented." There will never be an upper
limit, or for that matter a lower limit,
on the numbers of students from a
given ethnic background at Harvard
and Radcliffe. To have such a restriction here would be especially ironic because Harvard and Radcliffe were cited
as an "illuminating model" for minority admissions by Justice Lewis F.
Powell in the United States Supreme
Court's 1978 Bakke decision which
outlawed quotas in university admissions.
Some recent articles contend that the
increasing numbers of Asian-American
students at selective colleges reduce
diversity in the student body. Nothing
could he further from the truth. AsianAmericans bring with them an enor-

mous breadth of individual talents. The
Admissions Committee understands
and is sensitive to the cultural differences and great diversity within the
Asian-American community, which
span many countries of origin, languages, and sub-groups. The Admissions Committee must give AsianAmericans as fair and equitable a review as they give everyone else while
being especially sensitive to the prejudice Asian-Americans may experience
and the cultural differences that could
affect their college applications.
Over the last 10 years there has been
a 3.7 percent difference between the
admission rate at Harvard and Radcliffe for Asian-Americans and whites
(13.3 percent for Asian-Americans and
17.0 percent for whites). This difference has also been the subject of some
speculation in the news media There
are several reasons for the difference.
While Asian-Americans are slightly
stronger than whites on academic criteria, they are slightly less strong on
extracurricular criteria In addition,
there are very few Asian-Americans in
our applicant pool who are alumni/ae
children or prospective varsity athletes.
When all these factors are taken into
account, the difference in admission
rates for the two groups disappears.
Those with comparable extracurricular
and athletic credentials are admitted at
the same rates. This is also true for
Asian-American alumni/ae children.
But to understand fully why the rates
have been different, one must be aware
of the many factors that have long been
involved in admissions decisions at selective colleges.
Last year a record 14.200 students
applied for the 1.600 places in the
freshman class at Harvard and Radcliffe. The substantial majority of the
applicants were "qualified" to succeed
academically. In making its decisions,
the Admissions Committee therefore
had to go beyond a simple determination of whether or not a student could
do the required academic work.
The Admissions Committee at Harvard and Radcliffe has for many years
been faced with more qualified applicants than spaces in the class. Wilbur J.
Bender. who served as Dean of Admissions and Financial Aid front 19521960. summarized in his final report
(Conunued )

HARV00023143

(Continued)

"... the Committee proceeds on the belief
that in our student hods a mixture of diverse

the admissions policies that had developed since World War 11. One central
question was, as Bender put it,
"Does Harvard want a student body se-

talents, interests. personalities. backgrounds.
and career goals—a mixture based on a variets of particular excellences as we find them
in individual applicants—will produce the
most lively and healthy educational ens iron-

lected solely on the basis of apparent relative

meat in which students can live and work to-

academic promise" or should Harvard "con-

gether and educate one another."

sciously aim for a student body with a somewhat broader range of academic ability ...
to include a variety of personalities, talents.
backgrounds. and career goals?"

Bender argued persuasively for the latter course and cited Harvard's record
for producing leaders in many different
fields as one of the results of this policy. Harvard accepted Bender's argument and has maintained this policy
ever since.
Academic credentials are, nevertheless, important to the Harvard and
Radcliffe Admissions Committee. A
large number of the applicants each
year present outstanding teacher recommendations, academic projects,
grades, and test scores. Harvard requires the College Board's Scholastic
Aptitude Test (SAT) and three Achievement Tests (tests administered by the
College Board in specific subjects such
as French, chemistry, American history,
etc.). These tests are scored 200 (lowest) to 800 (highest). Over the last decade or so, Asian-Americans (both applicants and admitted students) have
typically scored 20 points or so higher
than any other group in each of the required tests: the SAT verbal (English)
test, the SAT mathematics test, and the
average of the three Achievement
Tests. Obviously this is not a large difference and individual admissions decisions would not be made solely on
the basis of 20 points on a College
Board test. One recent article on
Asian-American admissions published
in a journal, The Public Interest, mistakenly reported a 112 point difference
in the combined SAT verbal and mathematics scores for admitted AsianAmerican and white students. The actual difference for the year cited in the
article was 50 points and the typical
difference in a given year is 40 points
for the verbal and mathematics SATs
combined.
In addition to academic criteria
there are many other factors which the
Admissions Committee must weigh as
it makes its decisions. They were summarized by Bender in his 1960 report
and elaborated upon by the next Dean
of Admissions. Fred L. Glimp ;with coauthor Dean K. Whitla) in their 1964
article entitled "Admissions and Performance in the Collci.ze: An Examination of Current Polic\ ."

Most graduating seniors at Harvard
and Radcliffe would agree. They report
in surveys that their fellow students
played a crucial role in providing some
of the most important aspects of the
education that took place during their
college years.
The diversity of backgrounds and
talents in the student body is a major
reason why more admitted students
choose to enroll at Harvard and Radcliffe than at any other college in the
country. Surveys of enrollingstudents
point to the academic excellence of the
student body as one factor in their decision, but equally important is the diversity of the students' backgrounds
and the myriad of strong extracurricular and athletic activities that help to
provide a well-rounded "collegiate"
experience. Harvard and Radcliffe have
traditionally matriculated the most National Merit Scholarship and Westinghouse Science Competition winners
and these outstanding students feel that
the extracurricular and athletic opportunities here were critical in their decisions to enroll and to their satisfaction
four years later.
Studies of Harvard and Radcliffe undergraduates demonstrate clearly that
academic pursuits are actually helped
by extracurricular and athletic involvement. Taking part in nonacademic activities tends to leave students fresher,
more stimulated, more disciplined, and
better organized. Thus they achieve
greater academic success than they
would have otherwise, while enjoying
themselves more.
Extracurricular activities and athletics are also among the principal means
by which students get to know one another during college. They enable students from different backgrounds or
disparate major fields to come together
and share their commitment toward a
common goal. Such commitment. energy. and "well-roundedness" is also
attractive later to many graduate
schools and employers. as well as to
the individuals who select Rhodes
Scholars or other fellowships or scholarships. These qualities will also ser‘e
our students well in a personal sense as
tile develop their talents over the remainder of their Uses.

In addition to extracurricular activities and athletics, another factor in the
admissions process at Harvard and
Radcliffe (and at most other colleges)
is the policy of admitting the children
of alumni:ae when all other factors are
substantially equal among candidates.
Alumni/ae provide the bulk of the
scholarship funds which allow Harvard
arid Radcliffe to meet the financial
need of all their students. In addition,
alumni/ae serve the University in many
ways—on advisory panels, in governance. and in our admissions recruitment efforts. Over 4,000 alumni/ae assist the Admissions office in contacting
students, visiting high schools, attending college nights, and providing the
required interview for of most of our
admissions candidates. Today relatively
few Asian-Americans are the children
of alumnilae, although the recent dramatic increases in the percentage of
Asian-Americans in the College will
obviously change this significantly in
the coming years.
Just as a larger percentage of AsianAmericans in our current student body
will lead to more Asian-American
alumni/ae children in the future, we
believe we have already seen signs that
the differences in extracurricular and
athletic credentials may be narrowing.
In fact, one of the major reasons for
addressing the issue of Asian-American applicants now is to be certain that
prospective Asian-American applicants
can prepare for college fully aware of
the considerations involved in college
admissions. This is especially important for recent immigrants, who may be
more familiar with foreign educational
systems which admit students to college solely on academic criteria or
even on the basis of a single examination.
Harvard and Radcliffe have been
very fortunate that such an increasingly
large proportion of the most outstanding Asian-American students has applied here over the last decade. AsianAmericans have worked hard to
achieve their successes. and our Admissions Committee has responded positively to their efforts. Asian-Americans
have contributed immeasurably to the
academic and extracurricular excellence of Harvard and Radcliffe. They
are a vital and permanent part of this
University and we urge prospective
Asian-American applicants to consider
the rich opportunities that await them
at Harvard and Radcliffe.
BY Susie S. Chao, Admissions Office,:
and Assistant Director of Alinoriry Recruinnen:. and ltliliam R Fa:simmens,
Dean of :Admissions and Financial
Januar, 1988

HARV00023144