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 14

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UNITED STATES DISTRICT COURT

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DISTRICT OF MASSACHUSETTS

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_______________________________

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STUDENTS FOR FAIR ADMISSIONS, INC.,

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Plaintiff,
v.

No. 1:14-cv-14176

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PRESIDENT AND FELLOWS OF

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HARVARD COLLEGE

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(HARVARD CORPORATION),

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Defendant.

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__________________________

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VIDEO DEPOSITION of WILLIAM FITZSIMMONS

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Boston, Massachusetts

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August 3, 2017

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Reported by:

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Dana Welch, CSR, RPR, CRR, CRC

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Job #127104
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FITZSIMMONS

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can ask that question after a break.

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hour and 20 minutes.

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THE VIDEOGRAPHER:

(Proceedings interrupted at 6:58 p.m. and
reconvened at 7:13 p.m.)

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Time now is 1858.

We're off the record.

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It's been an

THE VIDEOGRAPHER:

Time now is 1913.

We're on the record.

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MR. STRAWBRIDGE:

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BY MR. STRAWBRIDGE:

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was:

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Chosen?

The question before we broke

Have you read Jerome Karabel's book The

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MS. ELLSWORTH:

Objection.

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A.

Yes.

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Q.

Do you believe that he accurately

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describes the history of Harvard's admissions

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process?

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MS. ELLSWORTH:
A.

Objection.

I read his account carefully.

I don't

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have any independent corroboration of what was in

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the book.

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Q.

Is it your testimony that you don't have

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any idea whether or not Harvard's admissions

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process was abused in order to limit the number of
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FITZSIMMONS
Jewish students on campus?

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MS. ELLSWORTH:
Q.

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Last century?
MS. ELLSWORTH:

A.

Objection.

Objection.

What I was saying is that the holistic

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admissions process of which I have been a part

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since I arrived in the office, you know, certainly

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is not like the one you describe.

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Q.

But my question was just is it possible

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that a holistic admissions process could

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nonetheless be abused in a discriminatory fashion?

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MS. ELLSWORTH:
A.

Objection.

Again, I don't know exactly whether what

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was described in that book or what I've read in

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other accounts was anything like holistic

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admissions processes that exist today.

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Q.

to ever abuse a holistic admissions process?

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Do you think it's impossible for anybody

MS. ELLSWORTH:
A.

Objection.

I think it would be impossible to abuse

the admissions process that -- that we have.
Q.

Nothing in this report gave you any

concerns?
MS. ELLSWORTH:

Objection.

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FITZSIMMONS
Q.

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MS. ELLSWORTH:

Are you referring to

Exhibit 17?

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When you saw it?

MR. STRAWBRIDGE:
A.

Yes.

The information provided, we certainly

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looked at the information, and we always like to

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get new information as we proceed.

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Q.

And what did you do with this information?

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A.

I'm not aware there was specific

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follow-up.

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Q.

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Are you aware of any follow-up?
MS. ELLSWORTH:

A.

Objection.

I think the fact that the admission --

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that this information was presented to us and that

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it was delivered to us was certainly something in

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our minds as we proceeded from there.

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Q.

That was -- but you didn't ask for any

further research?

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A.

Not that I recall.

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Q.

And you didn't discuss this with anybody

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else in the admissions office?

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MS. ELLSWORTH:

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A.

Objection.

I think it's possible that were other

members of the admissions office present for this.
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CERTIFICATE

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Commonwealth of Massachusetts

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Suffolk, ss.

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I, Dana Welch, Registered Professional

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Reporter, Certified Realtime Reporter and Notary

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Public in and for the Commonwealth of

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Massachusetts, do hereby certify that WILLIAM

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FITZSIMMONS, the witness whose deposition is

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hereinbefore set forth, was duly sworn by me and

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that such deposition is a true record of the

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testimony given by the witness.

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I further certify that I am neither related

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to nor employed by any of the parties in or counsel

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to this action, nor am I financially interested in

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the outcome of this action.

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In witness whereof, I have hereunto set my
hand and seal this 15th day of August, 2017.

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____________________________
Dana Welch

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Notary Public
My commission expires:

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October 6, 2017

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