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

Filing 571

Opposition re 546 MOTION in Limine filed by President and Fellows of Harvard College. (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)(Waxman, Seth)

EXHIBIT 4

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

vs.
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PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION); and
THE HONORABLE AND REVEREND THE
BOARD OF OVERSEERS,
Defendants.
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- HIGHLY CONFIDENTIAL -

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DEPOSITION OF MARLYN ELIZABETH

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McGRATH, a witness called by the Plaintiff,

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taken pursuant to the applicable provisions of

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the Federal Rules of Civil Procedure, before

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James A. Scally, RMR, CRR, a Notary Public in

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and for the Commonwealth of Massachusetts, at

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the offices of WilmerHale, 60 State Street,

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Boston, Massachusetts, on Thursday, June 18,

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2015, commencing at 9:00 a.m.

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turn up in the athletic column.

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us, it would turn up in the extracurricular column.

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it's a question of the judgment of the reader.

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For many of the rest of
Again,

But generally speaking, that's -- athletic is

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construed by the person reading it, and we have some

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guidelines, again, about what would be a 3, what would be a

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3 plus, perhaps, what would be a 2.

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is and we know what a 4 is.

And we know what a 1

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Q.

And then the last category was personal.

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A.

Uh-huh.

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Q.

Can you give me an example of what goes in the

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personal column?
A.

Yes.

That can have various elements.

If the

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student in writing about himself or herself presents a very

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appealing personal picture, and that can mean -- appealing

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can be a wide variety of appeal, you know, a sensitive

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writer, a person with humor, a person who seems very

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outward directed, and that's appealing, and if that or some

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other attractive personal elements are echoed or

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supplemented, reinforced by the other materials in the

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folder, typically the SSR, the secondary school report, the

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counselor letter, who may give us -- which may give us a

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good deal of information or may not about the candidate's

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personal style, personal affect, relationships to other

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people, that could help, and so can the teacher letters.

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And when we have an interview, that can help us too.

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Q.

Would a person's race or ethnic identity be

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included in one of the appealing factors that would weigh

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into the personal category?

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A.

That should not be part of it.

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Q.

Does race or ethnic background play into any of

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these categorical areas?

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A.

Does it play into any of them?

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Q.

Yes.

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I mean is it considered in assessing the

score in any of these areas?
A.

I don't -- it's not supposed to.

It is supposed

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to be what each of those aspects would be compared to other

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applicants in general whom you've read.

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Q.

You say it's not supposed to.

Are you aware of

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occasions when it has been included in one of these

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categories?

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A.

No.

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Q.

We discussed -- strike that.

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On the personal category, is the essay a large
driver of where that score is going to come from?
A.

Well, it could be.

It may be, but only if it

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echoes or reinforces things that we have from other

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credible sources.

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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 18th day of
June, 2015, at 9:00 a.m., the person hereinbefore named,
MARLYN ELIZABETH McGRATH, 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 her knowledge concerning the
matters in controversy in this cause; that she was
thereupon examined upon her oath, and her 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