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, # 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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 217

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 LEE CHENG
I, pursuant to 28 U.S.C. § 1746, declare the following:
1.

I am an individual over eighteen years old and of sound mind, who has never been

convicted of a felony, is capable of making this declaration, and is fully competent to declare as to
matters stated herein.
2.

I am a member of Students for Fair Admissions (“SFFA”).

3.

I am an alumnus of Harvard who currently resides in Santa Ana, California.

4.

I have been an alumni interviewer for Harvard since Fall 1993.

5.

In my capacity as an alumni interviewer, I have interviewed candidates for

Harvard’s incoming freshman class from California high schools for the last 23 years.
6.

Alumni/ae interviewers evaluate applicants for admission in a number of respects.

Harvard has historically provided a form that asks alumni/ae interviewers to evaluate students
based on: (1) Academics; (2) Extracurricular Activities; (3) Personality; and (4) a composite,
overall rating.

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7.

For each category, and overall, interviewers are asked to provide a score from 1-5

based on the interviewer’s assessment, with 1 being the best and 5 being the worst and not suitable
for Harvard. Each score in each category is defined in detail, and interviewers also are allowed to
give “-“ and “+” for each numerical score, e.g. “1-“ or “2+” to provide more granularity in
assessments. For instance, a “1” in Academics would require a near perfect grade point average
and near perfect SAT/ACT scores, and the interviewer would need to consider the student a rare
talent capable of graduating from Harvard summa cum laude (highest honors). By comparison, a
“2” would mean the applicant had near perfect grades and test scores and have magna cum laude
(high honors) potential. Contrary to assertions that non-academic criteria are hard to compare,
Harvard’s definitions for Extracurricular Activities and Personality scores, as set forth in the
instructions Harvard provides to alumni/ae interviewers, describe in detail exactly what
achievements or traits should be awarded which score. For instance, a “1” in Extracurricular
Activities would mean the student is a rare talent and prizewinner at the national or international
level, and a “2” would mean demonstrated achievement at a regional or state level. In addition to
the numerical scores, Harvard requests interviewers to provide details and justifications in writing,
particularly for higher scores. Finally, there are a few boxes to permit and solicit entries for
describing special circumstances or disadvantages overcome.
8.

In recent years, interview evaluation forms are completed online through the

Harvard Alumni Association web site. They are accessible through a password-protected portal,
and once completed, can be submitted to the Admissions Office electronically through the portal.
9.

In my 23 years of interviewing Harvard applicants, I have interviewed numerous

applicants from a variety of ethnic groups who have demonstrated extraordinary achievements in
all areas.

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10.

However, I believe that the Asian-American applicants I have interviewed have

been, on average, stronger applicants for admission than applicants of any other racial group in the
Academic and Extracurricular Activities categories. As to the Personality category, which is more
subjective, it has been my experience that Asian American applicants, as a group, are no less
appealing than applicants from any other ethnic group.
11.

Yet, in my experience, Harvard has routinely rejected or disfavored Asian-

American applicants with very high levels of Academic and Extracurricular Activities
achievements, and favored and admitted other applicants, particularly Hispanic or AfricanAmerican candidates, who have had on average lower, and sometimes much lower, academic and
extracurricular qualifications. I have personally never seen an Asian American candidate admitted
with Academic qualifications that are typical for the African American or Hispanic candidates I
have seen admitted. Studies appear to show that Asian American candidates also have higher
average Academic achievements than white candidates, but I was not able to discern any difference
in the applicant pool I interviewed.
12.

The Asian American candidates I interviewed may or may not have had better

“Personalities,” but on average, they were no less appealing than the white, Hispanic or AfricanAmerican candidates I interviewed.
13.

On several occasions, it was made clear to alumni/ae interviewers, including me,

that certain African-American or Hispanic candidates were of special interest to Harvard, and that
we should make every effort to recruit and convince those candidates to matriculate at Harvard.
No such directive, instruction or guidance, to my recollection, was ever given for any AsianAmerican candidate.

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14.

In my experience, it is abundantly clear that Asian-American applicants who do not

have near perfect test scores and GPAs, and superlative extracurricular activities, have little chance
of gaining admission. In contrast, students from groups considered “underrepresented” are
considered strong candidates notwithstanding lower grade point averages and SAT scores,
regardless of socioeconomic circumstances.
15.

For example, I interviewed two candidates of the same gender, with one being

clearly superior in terms of Academics and Extracurricular Activities. Based on Harvard’s
definitional instructions for the evaluation criteria, the gap was at least 1 whole number (basically
a “2” versus a “1” in all evaluation categories and overall). Yet I was told that admissions officials
at Harvard were highly interested in the candidate with clearly lower qualifications. This candidate
was not disadvantaged in any way I could determine based on my interview or review of his/her
record in terms of socioeconomic background. Moreover, this candidate could not be easily
identified an “underrepresented” minority—I would not have known had the candidate not made
the declaration on his/her application and essay. The candidate’s application essay, however,
explicitly minimized one aspect of his/her bi-/multi-racial heritage, and explicitly emphasized
membership or connection with an “underrepresented” group. On inquiry, it turned out that the
claimed connection was not based on a blood relationship. This candidate, and not the other who
was objectively more qualified in every way, was the one Harvard asked to be put in a group for
alumni/ae interviewers to review and try to make a special effort to recommend for acceptance.
16.

I informed Harvard about my dismay that the university would make its racial

preference so obvious and clear that young people would feel that it was necessary to deny,
suppress, or repudiate part of their own heritage, and to emphasize the other part, clearly in an

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