In a victory for an anti-affirmative action group suing Harvard, a federal judge this morning ordered Boston Latin School to produce all data and "all internal communications" related to any concerns at BLS about the racial composition of Harvard's admission policies - and to have one of its officials made available to discuss the issue under oath.
Students for Fair Admissions sued Harvard in 2014 over alleged discrimination against Asian-American applicants. Earlier this year, the group demanded Boston Latin, which typically sends more students to Harvard than any other high school in the world, and which has a high percentage of Asian-American students, help it with its case by handing over everything related to its students accepted to Harvard.
Boston Public Schools asked a judge to quash the demand, arguing it is not a party to the suit and that any data about Harvard admissions could come from Harvard.
In her ruling, Judge Allison Burroughs agreed BLS should not have to compile and turn over any "documents or information that were prepared by or shared with Harvard." But, she continued:
BLS is hereby ordered to produce the following: (1) documents from the Relevant Period prepared by BLS concerning the racial composition of applicants, admitted persons, or enrollees to Harvard, excluding documents that merely aggregate statistical information; (2) all internal communications from the Relevant Period by or among BLS employees or agents regarding Harvards use of race in the admissions process; (3) any documents from the Relevant Period that describe any alleged discrimination by Harvard against persons of Asian descent in the college admissions process; and (4) all non-privileged communications during the Relevant Period concerning SFFA or this litigation. Furthermore, SFFA may depose a BLS representative. The motion to quash is otherwise granted. This is meant to minimize the burden on non-party BLS, while also ensuring the availability of information and the integrity of the discovery process.
A BPS spokesman said today: "We received Judge Burroughs's decision this morning and we are reviewing it to determine our next steps."