University Challenges Transfer Lawsuit

Harvard yesterday filed a stinging response to a lawsuit alleging that the College had reneged on a promise of admission made to a potential transfer student by football Coach Tim Murphy.

The lawsuit, filed in U.S. District Court in Boston in early July, alleges that Marco G. Minuto, a first-year student at Tulane University and a redshirt member of the school’s football team, was promised admission to Harvard as a transfer student on March 1 by Murphy. However, the lawsuit says that on April 3 Harvard “reconsidered” and denied him an admission. As a result of his failed plans to transfer, the lawsuit alleges that Minuto did not receive a full scholarship to play football at Tulane that he was otherwise promised.

The lawsuit asks the court to order Harvard to admit Minuto in the fall as a member of the Class of 2004.

Neither the Minuto family nor their lawyer, Joseph F. Hardcastle, could be reached for comment last night.

The Plaintiff’s Allegations

The lawsuit argues that over the course of the winter, after Minuto expressed interest in transferring to Harvard, he met with members of the football coaching staff and was shown around campus.

After some background research, Murphy met with Minuto and his parents and told him that Minuto “had a place” on this fall’s football team as a wide receiver and that assistant coach Bruce Tall explained to the family that the team had gained permission from the admissions office to offer Minuto a spot at Harvard.

Murphy then asked Minuto to drop his other transfer possibilities and commit to Harvard. The lawsuit alleges Murphy said something to the effect of “I gave you my word you are in, I’d like your word that you are coming.”

Minuto returned to Tulane and told his coach there that he would not need the scholarship the coaches had offered him. The Tulane team made it clear that he was “unwelcome” to continue practicing with them, and he dropped from the team.

Now, Harvard’s alleged withdrawn offer has left Minuto without a school, a scholarship or a football team.

“Right now, we’re focused on immediate relief,” Hardcastle said earlier this week. He declined to say whether the family would sue for financial damages in the future.

Harvard’s Response

Harvard paints a very different portrait of Minuto and his transfer application—that of a mediocre student and athlete who misrepresented himself to both the coach and the admissions office.

“This case...is not about an extraordinary student or an extraordinary athlete: Plantiff Marcho Minuto was neither,” yesterday’s Harvard brief reads.

Harvard’s response carefully attacks the points contained in Minuto’s lawsuit and offers dozens of pages of evidence and sworn affidavits by administrators, including Murphy and Dean of Admission Marlyn McGrath Lewis ’70-’73 denying the claims Minuto makes in his case.

In his affidavit, Murphy says that no member of the coaching staff extended any offer of admission to Minuto and that even Murphy’s support of Minuto’s candidacy was contingent upon Minuto’s statements that he was offered a Tulane football scholarship and “substantial playing time” for the fall.

However, Harvard also yesterday presented sworn affidavits from Tulane’s football coaches that state that Minuto was never offered a scholarship and that he was never promised “substantial playing time” at Tulane in the fall.

Harvard also submitted as evidence Minuto’s complete transfer application—which Harvard alleges did not arrive before the deadline—and the comments from his admissions officer.

Although Minuto’s lawsuit says that he took honors and Advanced Placement (AP) classes in high school, Harvard released his high school transcript showing that he received C’s and D’s in all but one Honors or AP class his senior year.

“[Minuto] is, by Harvard standards, very weak academically and his application failed to present the compelling reason for admission that the College seeks in all of its successful candidates,” McGrath Lewis said in her affidavit. According to Harvard’s brief, his mixed academic record alone was a “fatal error” to his transfer application.

Harvard’s brief concludes that “[Minuto’s] position is legally and factually without merit, his conduct has been dishonest, and the motion [to admit Minuto] must be denied.”

A court hearing on the case and the injunction to admit Minuto will likely be held within a week.

—Staff writer Garrett M. Graff can be reached at ggraff@fas.harvard.edu.