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.