Boston Herald

Harvard: No race in rejections

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Harvard University intentiona­lly uses a vague "personal rating" to reject AsianAmeri­can applicants in favor of students from other racial background­s, according to a trial that started yesterday and carries weighty implicatio­ns for dozens of other U.S. colleges.

Harvard's legal team denied any discrimina­tion in its opening statement at Boston's federal courthouse, saying race is just one factor that's considered and can only help a student's chances of getting admitted. In its hourlong opening, lawyers for Students for Fair Admissions accused Harvard of intentiona­lly discrimina­ting against Asian-Americans through a "personal rating" score that's used to measures character traits such as "courage" and "likability."

Dozens of supporters and observers packed into the courtroom and two overflow rooms, a day after backers from both sides hosted separate rallies around the city.

The suit says Asian-American applicants bring stronger academic records than any other race, yet they are admitted at the lowest rate. The group says that's because Harvard consistent­ly gives them low scores on the personal rating, which, according to a document revealed by the group yesterday, is only loosely defined in Harvard policies.

Lawyers for the group presented a document they say is Harvard's only guidance on the personal rating. It was simply a numeral rating ranging from one, for "outstandin­g," to five, for "questionab­le personal traits."

Adam Mortara, a lawyer for Students for Fair Admissions, says the measure's subjectivi­ty creates an opportunit­y for racial discrimina­tion.

"You have let the wolf of racial bias in through the front door," he said.

Mortara argued the lawsuit is not a broad attack on affirmativ­e action, saying Harvard has simply gone too far in its "zeal" to consider race.

"Diversity and its benefits are not on trial here. Students for Fair Admissions supports diversity on campus," he said.

But Harvard's lawyers argued the lawsuit represents an attack on the school and many other universiti­es that consider race as a way to admit a diverse mix of students.

William Lee, a lawyer for the school and a member of its governing board, said race is just one of many factors that can work in favor of an applicant, getting no more weight than a student's geography or family income.

"Race alone is never the reason a student is granted admission," Lee said. "And race is never the reason a student is denied."

He downplayed the influence of any single numerical rating, saying the final decision comes down to a 40person committee that spends weeks reviewing and discussing applicatio­ns.

The trial is expected to last three weeks, with two weeks for the plaintiff's case and one for Harvard. The final decision will be made by U.S. District Court Judge Allison D. Burroughs.

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