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

Filing 569

Opposition re 547 MOTION in Limine filed 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)(Mortara, Adam) (Attachment 6 replaced on 10/1/2018) (McDonagh, Christina). (Additional attachment(s) added on 10/2/2018: # 17 Unredacted Memorandum in Opposition (FILED UNDER SEAL), # 18 Exhibit 4 (Filed Under Seal)) (McDonagh, Christina).

Exhibit 10

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
BOSTON DIVISION

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STUDENTS FOR FAIR ADMISSIONS,
INC.,

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Plaintiff,
Civil Action No.
1:14-cv-14176

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vs.

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PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION);
and THE HONORABLE AND REVEREND
THE BOARD OF OVERSEERS,

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Defendants.
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-------------------------------x
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- HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY 13
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DEPOSITION OF RAKESH KHURANA, a

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witness called by the Plaintiff, taken

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pursuant to the applicable provisions of

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the Federal Rules of Civil Procedure,

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before James A. Scally, RMR, CRR, a

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Notary Public in and for the Commonwealth

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of Massachusetts, at the offices of

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WilmerHale, 60 State Street, Boston,

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Massachusetts, on Thursday, April 27,

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2017, commencing at 9:06 a.m.

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had a separate institution for the education of

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American Indians at its founding?

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A.

Yes.

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Q.

And that for the first couple centuries of

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the school's existence, it did not educate women?

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A.

Yes.

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Q.

And that under the presidency of Abbott

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Lawrence Lowell, the Harvard administration

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restricted the numbers of Jewish students and barred

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African-American men at the college from residing in

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freshman dormitories?

Does it --

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A.

Yes.

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Q.

-- include that history?

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What do you know about the history of Jewish
discrimination in the Harvard admissions process?

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MS. ELLSWORTH:
A.

Objection.

That Harvard discriminated against people who

identified as Jewish.
Q.

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And what -- what have you read about that?
MS. ELLSWORTH:

Objection.

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A.

Could you ask the question?

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Q.

What have you read about that?

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What is the

source of your knowledge of that discrimination?
MS. ELLSWORTH:

Objection.

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A.

Scholarship on the subject.

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Q.

The book by Jerome Karabel, "The Chosen"?

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A.

That would be one example.

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Q.

Have you read that book?

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A.

Yes.

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Q.

Do you have any reason to doubt his

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conclusions about the history of what happened with

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respect to Jewish discrimination?

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MS. ELLSWORTH:

Objection.

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A.

No.

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Q.

In fact, he relied on a number of documents

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from Harvard itself; correct?

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MS. ELLSWORTH:

Objection.

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A.

I believe so.

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Q.

Letters and other documents in the Harvard

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archives?

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MS. ELLSWORTH:

Objection.

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A.

I believe so.

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Q.

Do you know whether or not -- or do you

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recall, when you read that book, whether or not at

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the time that Harvard was restricting the number of

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Jewish students it was doing so under a holistic

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admissions process?

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MS. ELLSWORTH:

Objection.

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A.

Yes.

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Q.

In fact, does the book describe the fact that

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the holistic admissions process was adopted in part

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to permit the school to identify who was Jewish in

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the applicant pool?

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MS. ELLSWORTH:
A.

Objection.

I believe that's how the book characterizes

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the -- one of the reasons for the holistic admissions

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process.

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Q.

Do you have any basis for disputing that

characterization?

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MS. ELLSWORTH:

Objection.

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A.

Yes.

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Q.

And what is the basis for your -- for

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disputing that characterization?
A.

That there were other reasons for adopting a

holistic admissions process as well.
Q.

So I mean do you -- is it your belief that

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the holistic admissions process had nothing to do

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with identifying who was Jewish in the applicant

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pool?

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A.

No.

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Q.

You think that was one of the reasons?

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A.

Yes.

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Q.

You just don't think it was the only reason?

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A.

Yes.

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Q.

On page 6 of this report, there's a reference

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to an argument that Harvard made in the Grutter v.

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Bollinger case in a block quote in the middle of the

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page.

Do you see that?

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A.

Yes.

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Q.

And in it, it says, "The educational benefits

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of student diversity include the discovery that there

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is a broad range of viewpoints and experiences within

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any given minority community - as well as learning

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that certain imagined differences at times turn out

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to be only skin deep."

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A.

May I read this paragraph?

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Q.

Yeah, please.

(Pause.)

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Do you see the reference that I just read to

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the educational benefits of student diversity, about

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there being a broad range of viewpoints and

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experiences within any given minority community?

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A.

Yes.

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Q.

Okay.

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A.

In general, yes.

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Q.

And is that one of the educational benefits

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Do you agree with that statement?

of diversity that Harvard is attempting to achieve

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COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS.

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I, JAMES A. SCALLY, RMR, CRR, a
Certified Shorthand Reporter and Notary Public duly
commissioned and qualified in and for the
Commonwealth of Massachusetts, do hereby certify that
there came before me on the 27th day of April, 2017,
at 9:06 a.m., the person hereinbefore named, RAKESH
KHURANA, who provided satisfactory evidence of
identification as prescribed by Executive Order 455
(03-13) issued by the Governor of the Commonwealth of
Massachusetts, was by me duly sworn to testify to the
truth and nothing but the truth of his knowledge
concerning the matters in controversy in this cause;
that he was thereupon examined upon his oath, and his
examination reduced to typewriting under my
direction; and that this is a true record of the
testimony given by the witness to the best of my
ability.
I further certify that I am neither
attorney or counsel for, nor related to or employed
by, any of the parties to the action in which this
deposition is taken, and further, that I am not a
relative or employee of any attorney or counsel
employed by the parties hereto or financially
interested in the action.

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My Commission Expires:

April 8, 2022

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_________________________
James A. Scally, RMR, CRR
CSR/Notary Public