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 62

Report of the College Working Group on
Diversity and Inclusion
ommumilmairrI rr.r•lammiumaimiuman

Harvard University
November 2015

HARV00007944

HARV00007945

Table of Contents
Introduction
Working Group Members
The Mission of Harvard College
Historical Context
Working Group Charge

2
4
5
7

Findings
Evaluation of Peer Institutions
Experiences of Diversity and Inclusion
Curricular Offerings at Harvard College
Administrative Entities Concerned with Diversity

Summary of Recommendations

7
15
22
22
27

Recommendations for Immediate Action
Student Life
eaching and Learning
T
Administrative Structures

28
30
31

Recommendations for Long-Term Interventions
Student Life
eaching and Learning
T
Administrative Structures

32
34
35

Conclusion

36

Bibliography

37

Appendices
Appendix A: Model Dashboard of Peer Institutions
Appendix B: Summary Chart of Diversity Offerings by Department and Percentage of Total
Courses Offered
Appendix C: FAS Curricular Offerings Related to Diversity
Appendix D: Curricular Offerings Related to Diversity in Other Harvard Schools

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Introduction
Members of the Working Group on Diversity and Inclusion

Tommy Amaker
The Thomas G. Stemberg 71 Family
Endowed Coach for Harvard Men's
Basketball and Special Assistant to the
President

Olivia Castor
Student Representative '17

Emelyn dela Pena
Assistant Dean of Student Life for
Equity, Diversity, and Inclusion

Martha Franco
Graduate Research Assistant

Kimiko Matsuda Lawrence
Student Representative '16

Anne Harrington

Jennifer Hochschild

Franklin L. Ford Professor of the History
of Science; Director of Undergraduate
Studies; House Co-Master of
Pforzheimer

Henry LaBarre Jayne Professor of
Government and Professor of African
and African American Studies

Robert Mitchell
Assistant Dean of Diversity Relations
and Communications

2

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Fadhal Anthony Moore

William Oh

Mayra Rivera Rivera

Student Representative '15

Student Representative '18

Associate Professor of Theology and
Latina/o Studies, HDS

Sheehan Scarborough
Graduate Research Assistant

Dorothy Villarreal
Student Representative '15

Kay Kaufman Shelemay

Brandon Terry

G Gordon Watts Professor of Music and
.
Professor of African and African
American Studies

Prize Fellow in Economics, History, and
Politics

Jasmine Waddell
Resident Dean of Freshmen for
Elm Yard

Jonathan L. Walton, Chair
Plummer Professor of Christian Morals,
FAS; Professor of Religion and Society,
HDS

3

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The Mission of Harvard College
Harvard College is committed to a broad-based liberal arts education. A quality, wellrounded education combines the best of the philosophical and rhetorical traditions.
The philosophical tradition, with its emphasis on inquiry and developing critical skills,
cultivates ways of thinking that can expand knowledge through research and analysis.
The rhetorical tradition complements the philosophical by fostering an understanding
of the past and present through literature, art, music, history, religion, and ethics. As a
leading research as well as teaching university, Harvard derives its mission from our
motto, Veritas, literally "truth." Harvard is committed to expanding both knowledge and
ways of knowing; students not only explore subject areas and acquire fresh insights
into them but also learn about the ways in which they are part of larger human
communities of interest and interdependence and how their membership in these
communities affects how it is that they "know."
Thus, Harvard College aims to provide an education that nurtures the whole person
while fostering the development of civic-minded, socially engaged, creative, and
critical thinkers in an increasingly interconnected world. Of particular relevance to this
report, Harvard fosters the ability to see the world through the eyes of others. That
ability will position Harvard graduates to serve the broader society in many fields of
human endeavor.
Harvard cultivates these abilities in its classrooms and residential environments. The
classroom exposes students to innovative perspectives as well as to both new and
traditional ways of knowing and understanding. Diverse living environments situate
students among peers and elders studying in different fields, who come from different
walks and stages of life, and whose developing identities interact with others. This sort
of character formation, nurtured by Harvard's heterogeneous campus environment and
pedagogical emphasis on intellectual cross-pollination, is intended to inform the
choices and habits Harvard graduates will carry into their respective spheres of
influence. Therefore, Harvard embraces, and must constantly reaffirm, the notion that a
richly diverse student body is essential to its pedagogical objectives and institutional
mission.
Harvard College is neither a finishing school nor a luxury good for America's elites. Its
primary work does not end with the admissions process but, rather, begins the moment
its students enter its gates.

4

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Historical Context
A pledge to diversity can be traced to Harvard's founding. The charter of the President
and Fellows of Harvard College, authorized by Governor Thomas Dudley in 1650,
describes the purpose of the institution as "the education of the English and Indian
[male] youth of this country." Harvard established its Indian College, where five
American Indians received their education, in 1655. This reveals that Harvard's earliest
commitments were informed by a belief in the transformative power of education, even
as this education was premised upon what we now recognize as cultural bias regarding
who and what was "civilized."
As such an educational paradox shows, Harvard College's aspirations have always run
ahead of its realities, for both cultural and structural reasons. Culturally, Harvard
College has always been limited by the context and ruling beliefs of its society, even as
it has continually tried to push and challenge itself and the world. Thus Harvard's Indian
College pedagogy reflected an almost universal European belief in cultural hierarchy, as
well as prejudicial notions to the effect that knowledge was to be transmitted to Indian
students rather than produced in dialogic exchange. Meanwhile, despite the existence
and aims of the Indian College, Harvard remained, for three centuries, committed
primarily to educating the sons of New England's elite. Although Radcliffe College
traces its origins to 1879, women did not gain full access to Harvard until nearly a
century later. Under the presidency of Abbott Lawrence Lowell (1909 1933), the
Harvard administration restricted the numbers of Jewish students and barred the
handful of African American men at the College from residing in freshman dormitories.
(Painter 1971) Sexual minorities, in the meantime whatever their racial or class origins
were deemed unfit to be members of the Harvard College community: in the 1920s,
students believed to have same-sex attraction were tried in secret courts and expelled
from the College.
Harvard law professor Randall Kennedy best summarizes the history of Harvard's
relationship with students of color when he writes, in Blacks and the Race Question at
Harvard, "Harvard, too, has been indelibly scarred by slavery, exclusion, segregation,
and other forms of racist oppression." The University enrolled few students of color
before the 1970s, and even those as talented and ultimately accomplished as Clement
Morgan, W.E.B. Du Bois, Alain Locke, William Monroe Trotter, Countee Cullen, and Eva
Dykes(among others) experienced isolation and marginalization. As Du Bois described
his time at Harvard, he was "in it, but not of it." And it was not until 346 years after Joel
lacoome and Caleb Cheeshahteaumuck completed their studies at the Indian College
that another Wampanoag, Tiffany Smalley, graduated from Harvard College, in 2011.

5

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Just as Harvard's culture has been closely linked to its societal context, so have its
structural inequities. Both survey findings and personal accounts suggest that a gender
gap deters potential female math concentrators at Harvard, even as women, and
especially women of color, are underrepresented in STEM fields nationally.(Kim 2015)
Today's wealttlgap_in the United States is the widest in three decades, and most
wealth gains since the Great Recession of 2007 — 2009 have gone to upper-income
families.(Fry 2014) As Harvard University's Robert Putnam argues in Our Kids: The
American Dream in Crisis, wealth inequality hardens social divisions by diminishing
opportunities for youth to interact across social lines. Such inequality also concentrates
educational resources and cultural capital.
Harvard College is now committed to cutting against the grain of both structural and
cultural sources of inequality. In an amicus curiae brief submitted when the Supreme
Court addressed affirmative action in the 1978 case Regents of the University of
California v. Bakke, Harvard argued that, "A primary value of the liberal education
should be exposure to new and provocative points of view, at a time in the student's
life when he or she has recently left home and is eager for new intellectual
experiences." In a subsequent affirmative action case, Grutter v. Bollinger(2003),
Harvard made a similar argument:
Diversity helps students confront perspectives other than their own and
thus to think more rigorously and imaginatively; it helps students learn to
relate better to people from different backgrounds; it helps students to
become better citizens. The educational benefits of student diversity
include the discovery that there is a broad range of viewpoints and
experiences within any given minority community—as well as learning
that certain imagined differences at times turn out to be only skin deep.
Underscoring its commitment to diversity that includes both racial and socio-economic
background, Harvard, in 2004, launched one of the most generous financial aid
initiatives in the nation. Students from households earning less than $65,000 per year
pay nothing toward room and board, and students from households earning $65,000 to
$150,000 pay ten percent or less of their yearly incomes. Around seventy percent of
Harvard students receive financial assistance and over twenty percent pay no tuition at
all. Capacious admission standards that take a range of life experiences and fluid
identities into consideration, coupled with generous financial aid plans, enable Harvard
College to expand opportunity for a widening cross section of students. This is
essential for creating the conditions in which Harvard students can learn to be at home
in an increasingly interconnected world.

6

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The Charge of the Working Group on Diversity and Inclusion
Mindful of the mission and aspirations described above, the Working Group on
Diversity and Inclusion, in consultation with the Office of the Dean of the College,
drafted a charge in May of 2014. The Working Group was to "assess Harvard College's
learning environment in order to ensure that all students benefit equally from its liberal
arts educational and service mission." The task included consulting with stakeholders
across the University, incorporating research at the intersections of race, ethnicity,
socioeconomic status, and other frames of identity and difference, and examining
approaches at peer institutions in order to recommend models that might be applied or
reimagined on Harvard's campus.

Findings
Evaluation of Diversity-Related Practices at Peer Institutions
Members of the Working Group visited Ivy League campuses between September and
December 2014. We met with student leaders and administrators at Brown, Columbia,
Princeton, University of Pennsylvania, and Yale, and with administrators at Cornell and
Dartmouth. Our goals were to assess pre-orientation programs, mentoring, mental
health programs, administrative structures, bias reporting procedures, residential
support, multicultural spaces, curricular offerings, arid special initiatives. Our findings in
these areas provide much food for thought:
Pre-Orientation
Pre-orientation programs tend to function in one of three ways, with some overlap.
They provide academic support and advising (Penn's Pre-Freshman Program); insti l l
cultural capital through campus orientation, fostering relationships with faculty, and
raising awareness about campus resources for promoting social and academic
success (Yale's Cultural Connections); or develop cultural competency (Brown's Third
World Transition Program).
The experiences of these schools show why pre-orientation programs are vital to the
success of all students. They provide a shared institutional vocabulary and robust
engagement with issues of diversity and cultures of inclusion. They also enable
attention to the needs of underrepresented students, especially those who are first
generation and socio-economically disadvantaged, while fostering community for the
entire population across lines of difference.

7

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