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 6

Page 301
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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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VOLUME II
HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY

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DEPOSITION of MARLYN McGRATH

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Boston, Massachusetts

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August 1, 2017

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Reported by:

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Dana Welch, CSR, RPR, CRR, CRC

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Job #127107

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TSG Reporting - Worldwide

877-702-9580

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY - McGRATH

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MS. ELLSWORTH:

Objection.

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A.

No, I don't know that.

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Q.

You don't know one way or the other?

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A.

No.

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Q.

Same with personal.

In your experience,

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do Asian Americans as a group lack attractive

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personal characteristics compared to other

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applicants?

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MS. ELLSWORTH:

Objection.

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A.

No, I don't think so.

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Q.

Can you think of any reason why somebody's

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race would affect their personal rating?

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MS. ELLSWORTH:

Objection.

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A.

No, not in our system.

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Q.

The personal ratings -- if I recall

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correctly from your prior testimony, the personal

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rating is intended to just kind of be an analysis

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as how likeable is this person, does this person

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seem like a good person to be around?

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MS. ELLSWORTH:

Objection.

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A.

That's part of it.

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Q.

What else is included?

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A.

Depends on the case.

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And the source for

that judgment, which I'll get to, is from several
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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY - McGRATH

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sources.

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likability, also character traits, such as

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integrity, helpfulness, courage, kindness,

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characteristics of personality and character that

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may be demonstrated over a student's -- to others

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during a student's experience in the college and

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during the student's experience with the admissions

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process.

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Q.

But I would say that it includes perhaps

And none of those characteristics, in your

view, have any correlation with race, correct?

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MS. ELLSWORTH:

Objection.

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A.

Correct.

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Q.

The fourth model here lists the projected

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admitted student pool once the demographics are

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added in, which according to the prior slide was

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race and gender, correct?

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MS. ELLSWORTH:

Objection.

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A.

Yes.

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Q.

And that says that when you add in

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demographics, the Asian share of the class goes

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down to slightly under 18 percent, 17.97; is that

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correct?

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MS. ELLSWORTH:
A.

Objection.

That's according to these data, yes,
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Page 414
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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 MARLYN

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McGRATH, 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 11th 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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