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 51

From:
Sent:
To:

:ornj
PII/SPI
Wednesday, April 24, 2013 9:41:20 PM
Donahue, Sally

CC:

Fitzsimmons, William

Subject:

RE: Connecting Harvard with high achieving low income students

Thanks to both of you. I look forward to seeing you on Tuesday.
Keaact

ed:
-----Original Message
From: Donahue, Sally [mailto:sdonahue©fas.harvard.edu]
Sent: WednesdAy, April 24, 2013 5:40 PM
To:I Redacted: I
Cc: Fitzsimmons, William
Subject: RE: Connecting Harvard with high achieving low income students
Dear
Bill has reminded me of a letter we sent to David Leonhardt at the NYTirnes a little over a month ago, which addresses some of your
q uestions. I am including it below, and look forward to continuing our discussion next week.
All best,
Sally
Recent research conducted by our colleagues Caroline Hoxby and Chris Avery has highlighted the challenges facing elite universities in
recruiting talented low-income students. Another of their studies unintentionally left the impression that Harvard has not made
substantial progress in enrolling talented low-income students. While challenges certainly do exist, much progress has been made in the
last decade, both at Harvard and among our peer institutions.
In 2004, Harvard launched a financial aid initiative designed to make a College education free for families of admitted students
with annual incomes of $40,000 or less. Since that time, we have increased that threshold to $65,000.
A few years later, we built on this success by creating a similar program for middle-income families. Today,families making more
than $65,000 and less than $150,000 typically pay 0 to 10 percent of their incomes on a sliding scale. A hypothetical family earning
$80,000 and with typical assets can expect to pay approximately $4,000 for a year at Harvard.
We also recognize that these programs will only attract the talented low- and middle-income students who know they exist. To
that end, we contact thousands of high school students from low-income families annually in an effort to persuade them to apply. Harvard
admissions officers also travel to more than 140 different cities and towns each year — from downtown Washington, DC, and Los Angeles,
California to Bluefield, West Virginia, Fargo, North Dakota and El Paso, Texas —to meet with potential students, parents and guidance
counselors.
While these efforts might be judged as laudable in and of themselves, Hoxby, Avery and others rightly ask what the practical
effects have been. Are low- and low-middle income students taking advantage of the opportunities presented by these financial aid
programs? The answer is yes.
Today, approximately 20 percent of Harvard College families pay nothing towards the cost of tuition, room, board or other fees because
they earn less than $65,000. More than 60 percent of all families at Harvard receive grant aid, paying an average of about $12,000 per
year.
Another way to measure our progress is the 81 percent increase in the number of Pell Grant recipients at Harvard since 2004 —
rising from 644 to 1147— a figure that now represents 17 percent of our enrollment. These students from low-income backgrounds
graduate at the same 97 percent rate as their classmates from higher income families; their families pay nothing towards the cost of
tuition, room and board; and they are able to graduate debt-free while working a modest number of hours during the year.
But Hoxby and Avery also highlight one potentially concerning statistic. Their study seemed to indicate that Harvard's low-income
aid program, launched nearly a decade ago, had led to an increase of only 15 low-income students. However, after their study was
released, they made it clear that they evaluated only thefirst year of the initiative and that they excluded international students.
The truth is that the number of students in our entering class from families with incomes below $40,000 has grown by 54,from
124 to 178. Measured in 2003 dollars, the number of students in that range increases again to 201.
Hoxby's and Avery's important research indicates that our nation needs to re-double its efforts to ensure that high-achieving lowincome students maximize their talents by attending college, including selective colleges. There is a significant pool of talented students

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from modest economic backgrounds, but only 34 percent of high-achieving high school seniors in the bottom fourth of the income
distribution attended one of the country's 238 most selective colleges.
We have worked with Hoxby and Avery in the past using similar research they produced earlier, and we have collaborated with
them along with other colleges on the Exploring College Opportunities project, a promising initiative that began a number of years ago.
We are excited by the progress we have made since 2004. In the coming years, we will continue our proactive efforts to attract
and admit talented students from all economic backgrounds.

Redacted:
From: CI
kxrd
Sent: Tuesday, April 23, 2013 7:04 PM
To: Donahue, Sally
Cc: Fitzsimmons, William
Subject: RE: Connecting Harvard with high achieving low income students
Thank you Sally. You are kind to be so responsive. The Excel document is fascinating and I am grateful to you for sharing
it.
The 81% increase in Pell-eligible students since FY '04 is outstanding: Congratulations on that!
I really am surprised by magnitude of the difference between the actual Pell rate for undergraduate degree candidates
(19.4%) and the rate produced by the US Department of Ed formula (-10% for 2010-11) -- and really gratified by it. The
19.4% seems much more meaningful and accurate. Do you know off hand if other Ivies and Stanford have the same
differential? Please feel free NOT to answer, because I am embarrassed to be taking up so much of your time.
I am very appreciative (both for your kindness to me and for the terrific work you are doing at Harvard).
Best,
I Redacte
Original Message
From: Donahue, Sally [mailto:[e-mail]]
Sent: Tuesday. April 23, 2013 6:47 PM
To:I Redacted:
Cc: Fitzsimmons, William
Subject: RE: Connecting Harvard with high achieving low income students

I rj

Hi
Thanks for your message — I am looking forward to our meeting next week. It has certainly been a sad and tumultuous week in the
Boston area, but we are all fine. Thanks for your thoughts.
With respect to your question about Pell Grants providing a reasonable standard of comparison of institutional success in recruiting
and enrolling low income students, as you might imagine, it's a bit complicated. Eligibility for Pell Grants is based on Federal
Methodology, which is a pretty rough measure of need. It relies heavily on adjusted gross income, and therefore awards some
wealthy families with large corporate or partnership losses Pell Grants. It also does not consider the income of a non-custodial
parent in the case of divorced families, whereas most colleges with institutional aid will expect both parents to contribute based on
their financial ability. Finally, using Pell grants as a measure for success in enrolling low income students leaves international
students entirely out of the mix. In our case, we have a number of low income students from around the world, which adds
significantly to the economic and cultural diversity of our student body.
These concerns aside, however, Pell Grants probably provide the only reasonable measure of low income students at schools
nationally. I am attaching for your information a chart of our Pell numbers over the past number of years since we launched our
Harvard Financial Aid Initiative (HFAI) in 2004. As you can see, we have made significant progress. I should also note that the
national data collection of financial aid information is not perfect. For instance, we are asked to report all of our undergraduate
students together, regardless of whether they are enrolled in the College or the Extension School. At the College we have a much
higher number of Pell recipients because of the relatively low cost of the Extension School and the very different profile of their
students. The attached chart reflects the true numbers for Harvard College.
At any rate, I look forward to continuing this discussion next week. Take care and safe travels.
Best regards,
Sally
Redacted:
From
[corn]
Sent: Tuesday, April 23, 2013 9:27 AM
To: Donahue, Sally
Subject: RE: Connecting Harvard with high achieving low income students
Dear Sally,
I look forward to visiting with you next week, if that time is still convenient for you and Bill.
One quick question: Do you consider the number of students receiving Pell Grants to be a fair measure of the
inclusion of low-income students among Harvard's undergraduates, and a meaningful standard of comparison with
other institutions? Are there low-income students at Harvard who are not being captured by that measurement
because they are receiving assistance from Harvard in lieu of federal assistance under the Pell program?
I hope no one in your family was affected by the Marathon bombing. What a terrible and sad event.
Best

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Original Message
From: Donahue, Sally rnnailto:sdonahueCafas.haivai d.edul
Sent: Tuesday, March 19, 2013 6:57 AM
Tog Redacted: I
Cc: Fitzsimmons, William
Subject: Re: Connecting Harvard with high achieving low income students
Dear Reda
What a lovely offer! Fitz and I often think back to that interesting and very helpfid discussion in NYC,and, as you
know,our office spends a great deal oftime and effort planning our recruitment strategies. Today we are in full
admissions committee meetings finalizing the Class of 2017 and we plan to mail(and email)our decisions next
Thursday, March 28th,so we are really in the thick of it this week.
There arc some impressive young studcnts out there from low income families and it is always heartening to fmd so
many ofthem in our pool. Given that we all care deeply about their long term success,the consideration of the right
" can be a challenging task. David Leonhardt's article about the research on this topic was interesting and I am
fit"
grateful for the focus on this important topic.
I would love to meet with you in the end ofApril when you arc in Cambridge, and will talk to Fitz about what
makes the most sense. Thank goodness you declined to engage in research with our friends in New Haven!
We'll be in touch and thank you for your interest in our work.
Best regards,
Sally Donahue
Sent from my iPad
MUCIPUILUU.

On Mar 18, 2013,at 11:23 PM,

'coin> wrote:

Dear Dean Fitzsimmons and Ms. Donahue,
I had the pleasure of meeting both of you last year in New York City when you spoke to
I am writing you at Christine's suggestion, stimulated in part by
David Leonhardt's article in Sunday's New York Times about the challenges colleges like Harvard face
in attracting well-qualified students from low-income backgrounds.
This topic is an important interest of mine, both professionally and personally, and I'd very much like
to see ifthere is a way I can be helpful to you in your efforts to attract more low-income students of
high potential to Harvard.
As an alumnus,I admire the role Harvard has played and the good example it has set in trying to
eliminate cost as a barrier for qualified students of modest means Clearly,though,there are other
significant obstacles at work that deter low-income students who are very well qualified from
considering schools like Harvard. I think I can be helpful to you in better understanding those obstacles
and, more importantly, identifying possible solutions for overcoming them.

Even before Leonhardt's article appeared in The Times, I had been thinking about how an Ivy League
school might expand its reach among low-income students, as a result of an inquiry from a friend of
mine who serves on a communications committee at Yale. I sketched out for him what the elements of a
research project might look like, but decided not to pursue it further because other aspects of what they
wanted to do had the potential to be directly and explicitly competitive with Harvard.
After reading the Times piece, it struck me that Harvard should consider undertaking this research itself,
both to advance its own interest in enrolling deserving students of high potential from low-income
backgrounds and to extend its position as a national thought and practice leader in this arena.
Without going into excessive details here,the kinds of research I would consider include focus group
discussions or other qualitative research with parents of high-achieving low-income 10th, and llth
graders, as well as with the students themselves and their counselors. If you have identified current high
school seniors or recent high school graduates in this category who you feel should have applied to or
enrolled in Harvard but did not,I would talk with them and their parents as well. And I would spend
time talking in a structured way with your success stories — those who did apply and enroll — to see
what can be learned from them.

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I note that Christopher Avery of Harvard is one of the researchers whose work was the basis of the
Times article, and I'd welcome the chance to collaborate with him on this research, if he would be
willing.
I don't know if you think this is worth further conversation and exploration. I'd be thrilled if you do,
but I also would understand completely if you do not(no explanation necessary). In the event you might
want to talk more about this, I will be in Cambridge on April 30 for a meeting of the
, and would be available to see you at breakfast time or in the early afternoon. Ofcourse,I
am available by telephone and would make a special trip to Cambridge for this purpose as well.
Thanks for taking the time to read through a too long email. I know how incredibly busy both of you
are, and I grateful to you for hearing me out on this matter.
With very best regards,
Redacted: (class of 1975)
PIUSPI

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