basketball team mr stanley a qualified applicant for that position submitted his application and fortunately for mr stanley and all of the other men who applied for that assistant coach position know obviously mr stanley didn't have the he had the coaching experience in women's basketball i believe that mr stanley did have the coaching experience there clearly he did not have the playing experience in women's college think it's beyond dispute in this case and i think judge mcnamee recognized it as such that it could be reasonably anticipated that no male applicant would meet the criteria of playing experience in women's asked paul at the college correct if the if the stated criteria of having competitive experience and women's college basketball meant both coaching and playing then there would be many men who would would and or playing women's college basketball it was interpreted as playing women's college basketball which as a consequence eliminated all math and i believe that part of judge mcnamee's order which was correct is that he found that there was a viable fact question here regarding turner thorne's involvement i still maintain that that is a continuing fact question and when you look at the record in this case one of the  employees who was on the screening committee kerry shriver got her green card believe her name as indicated quite clearly that the competitive experience was interpreted exclusively as playing experience  turner thorne recognized in her deposition that that interpretation of playing experience would naturally exclude all men from consideration for the position and in fact when i follow up on judge thompson's questions  discrimination however the court did conclude that if that pre selection was gender based then that remains a problem in terms of i think that case it was title seven but i would argue also equal protect position actually did not have teaching experience at the division one n c a a level and actually had came out of a community college teaching program as i recall and so i believe she was actually but that it wasn't based on an intent to discriminate on a gender basis then turner thorn can walk away but if the facts find a reasonably concludes and on these facts a fact finder can reasonably conclude that actual real world experience playing this game and the women's game is different from the men's game and that's what i want to somebody who's actually playing the game now it could exclude all females you know it w suppose of that happen tara thorn would have to expand her criteria but but she wasn't placed in that in that particular i mean and the point is is that really gender discrimination  aimed specifically gender based criteria it would be like saying to a female applicant to a police department that you had to be in a in the boy scouts in this day and age we know that that would violate the equal protection men and women both have the right to address the constitutionality of her conduct and then talk about the reasonable miss and that's part of the qualified immunity inquiry which was the basis for the district court summary judgment in her favor as you know this this lawsuit arises out of the selection process the hiring of an assistant basketball coach it is to charlie trying to going to participate in that search she would participate at the beginning of the and at the end of it she wasn't involved in the middle of it which is where the screening of the applications took place and which is where the overwhelming majority ninety eight percent or so of the applicants which she said everybody else was clear that the criteria spewing supplying not right the it's in a way it's ironic that the focus of this whole appeal is on this this one desired qualification of competitive experience in the vision one a women's basketball which no matter how you he obviously hadn't played so if you interpret it just as playing the way it actually ended up being interpreted off so he doesn't apply but if you interpret coaching didn't have it either so if that's going to be a fact unless you're going to throw out and say that you can't consider that at all that's going to be a factor qualification there's two facts the qualifications minimum qualifications you got to have them you don't have them you're out of the pool and desired qualifications ordinarily don't mean that there ordinarily factors to be considered and that she said let's eliminate all the males it was a factor that would be taken into account but but what i would like to do is look at the look at it on its face on its face were still in the pool most people had already been eliminated that stage well about half a little bit more than half and what the testimony on that kerry green a kerry kerry shiver decker's and a now kerry shiver decker testified she said look it looks is just make me to the great job of cutting to the chase on this what was going on here judge noonan also has recognized here that they were trying to hired people that she knew so in response to your question what do we know about these other candidates the candidates that were her favorites were the ones that she knew that she had worked with and that she was comfortable working with the affirmative action office at several different stages looked at what was being done they do an independent audit of the search at that two or three different stages during the process and everything they said this is ok go forward with your search make interview the candidates make us you know make an offer so the ultimate basis of the district court's decision was on  substantial disparity in the numbers of males and females who were eliminated by the challenge criteria and also based upon the fact that the that the affirmative action office had looked at this not granted that's not any kind of absolute defense but when the people who work for the university to take a look at it and who are expected to stop the process if there's some flaw in it  is attached that was not an issue mr stanley's coaching experience did not factor in to the qualified immunity decision in this case