lower groups and in looking at her materials i think that the point here is that in terms of art that she had all the material which she admitted to think that you had all that material but the second point your they had no indication no supporting evidence that he was qualified under any of these skills and when i asked why he chose poindexter then mother began to december he said well he didn't choose  of the biology professor where she was clearly the number one candidate and the department made that absolutely clear that there was no one who came even close to this particular woman he did not hire  complained because he in every instance he and he didn't ask to speak to the white males in his office alone he made that a condition of speaking to women behind closed doors he didn't change the schedule  despite the fact that as the investigation detail he had touched one female in meetings he operated with a closed door he told other females why are you resisting me it was all the number of people my client was working with a baseball bat at that why we didn't have a lawsuit against the employer in this case under title seven or nine hundred eighty one nine hundred eighty three but in any event for example counsel continues to harp on the fact that her client have superior qualifications points to argue a standard this court and lower court not even looking at pretext that that's what the secure qualification doctrine argues and in order to accomplish that the plaintiffs got to show clear evidence that there counsel tries to use in in their greed the after the fact evidence which in fairness to dr mather he's being sued here personally he was not privy to at the time he needs decisions that's all it sure and he would have known at the time this guy was not going to work out and and i agree with you that this is this is a process that this court may not necessarily agree with this may be a process that in hindsight make me appear to be one that could have been better scandal but you suggested one document other follow step process apply for the ministry of positions number one and number two even though they say there's a lack of statistical evidence there is there was no evidence presented by plaintiff that they could have changed during discovery that even if the e mail  applied there would have been no record of who the interview can they had recommended to dr mather just like there was a record of that in this case and the plaintiff did not produce any evidence from the interview committee that they had recommended females other than here this is for the vice president of instruction position you know there was the woman with the story well the story with that is the undisputed evidence is that dr rockmore was appointed interim vice president of student services position the spencer a female ultimately received so some of the declarations are somewhat misleading in terms of where the ultimate evidence panned out but it's not unusual to put an interim person in a position without an never admitted that the only evidence in the record on that was someone's personal opinion as to what happened dr mather was never asked that question at the time of his deposition or signed your standard your only evidence that this person was trying he was someone's decision to hire a female and documentaries to present in the college at that time regardless of how other people felt about putting pressure on and had the discretion to hire anyone who wanted any ultimately didn't fact hire a female and hired fourteen position and was passed over for a female as far as the failure to remedy goes i just wanted to point out to the court that the court was accurate in its review the record there are no prior complaints of harassment  discrimination before the district undertook their investigation yes there was a letter to to dr lowell or that was presented of our problems with e mails and a concern about violence expressed her but there was no indication at that point time  tolerance standard on the law to remedy harassment by automatically placing somebody on paid administrative leave and taking them out of the workplace i think that in fairness the dark point gesture somebody had to do at least some preliminary investigation to determine the nature violence allegation and much trying to make sure shifted that suggest otherwise for her purposes was before this court i don't think there was evidence that that was you know gender based at that point in time or straight other than the fact that he tended to be too being mean and i think