Clemente. No student or faculty member had ever refused to use the library as a result of Thompson's continued presence and Thompson continued to discharge her duties as efficiently as she always had.
39. Even after publication of the Reader article, Sosa rated Thompson "superior." He admitted that he only gave a "superior" rating to those who deserved it.
40. Pursuant to the terms of a consent decree entered into between the Board and the Justice Department to foster systemwide desegregation, the Board has designated certain schools, including Clemente, as "academy" high schools.
41. When a school is designated as an "academy," all teachers at the school (except assistant principals and counselors) receive an "interim" or temporary appointment.
42. "Interim status," as contrasted with "selected status," provides a teacher with less protection from removal, replacement, or transfer from a particular school.
43. A teacher remains on "interim status" unless he or she is "selected" to the staff by the principal of the academy.
44. The decision to "select" staff initially rests with the principal of the academy. A principal, however, may only recommend a candidate for "selection"; Byrd has the final authority over decisions to terminate "interim" appointments, subject to Board approval.
45. In the event a principal decides to "select" staff for a particular position, he must advertise the position in the Chicago Public Schools Personnel Bulletin.
46. Under Section 42-4 of the collective bargaining agreement between the Board and the Chicago Teachers Union, "selection" must be "on the basis of specific, articulated criteria which are published, and which relate to the requirements of the position, the academic and professional background and the other relevant experience of the applicants which relate to the requirements of the position." These specific criteria are commonly referred to as "preferences."
47. On April 18, 1988, approximately three months after publication of the Reader article, Sosa advertised that he would be "selecting" staff for all three librarian positions at Clemente.
48. The advertisement indicated that preference would be given to those applicants who had a Master's Degree, training or experience in individualized instruction, individual and group-diagnostic evaluation and computer-assisted instruction, and a bilingual endorsement in Spanish.
49. In addition, the terms of the collective bargaining agreement required Sosa to accord preference to incumbents when choosing between two equally qualified candidates.
50. Thompson applied for one of the three "selected" positions, as did others.
51. After receiving the applications, Sosa decided to interview six candidates. The candidates included all three of Clemente's incumbent librarians: Anne Markey, the head librarian, John Yonkoff, an assistant librarian, and Thompson. The remaining three candidates held librarian positions at other Chicago public schools.
52. Sosa conducted interviews in May and June of 1988.
53. For each incumbent candidate, the interview panel consisted of Sosa, one of his four assistant principals (on a rotating basis), and Ramirez, if she chose to participate. For each of the outside candidates, the composition of the panel remained unchanged, except for the addition of Markey, the head librarian.
54. At the conclusion of each interview, each interviewer typically evaluated the candidate using an "Interview Record Sheet," which specified twelve different criteria on which the candidate would be judged. If completed in its entirety, for each criterion, the candidate received a numerical rating on a scale from 1 (the highest) to 5 (the lowest). Each interviewer then added the numerical ratings given and computed a composite score.
55. Thompson interviewed for the "selected" position on May 18, 1988.
56. Her interview panel consisted of Sosa, Marge Ackerman, one of Sosa's assistant principals, and Ramirez, one of Thompson's most outspoken critics.
57. Thompson's interview lasted less than five minutes.
58. At the conclusion of Thompson's interview, Sosa and Ackerman evaluated Thompson by completing their respective "Interview Record Sheets." Ramirez, however, failed to complete her "Interview Record Sheet," merely writing at the bottom "no comment." In addition, though Ramirez customarily made oral comments after each interview, she declined to do so after Thompson's interview.
59. Prior to this interview, Thompson's personnel record was unblemished.
60. By the time Thompson's interview was held, Silber had already promised Ramirez and other vocal opponents of Thompson that he would transfer Thompson from Clemente prior to the opening of the next school year. Sosa had concurred in Silber's decision.
61. Of the six candidates interviewed by Sosa, only Markey and Thompson had received a "superior" rating on their most recent employment evaluations.
62. Markey and Thompson had similar library training and experience, though Thompson held two Master's Degrees (as compared to Markey's one) and Thompson's computer skills surpassed Markey's computer skills.
63. None of the six candidates, including Markey, had a bilingual endorsement in Spanish.
64. Although Markey received "selected status," Thompson did not.
65. In a memorandum dated June 23, 1988, Sosa formally notified Thompson of his recommendation to retain her on "interim status" at Clemente.
66. Thompson was denied "selected status" in retaliation for the remarks she made in the Reader. Sosa admitted that he was adversely influenced by Thompson's participation in the Reader article.
67. Byrd and the Board subsequently ratified Sosa's recommendation to deny Thompson "selected status."
68. During the course of this trial, this Court has had the unique opportunity to observe the demeanor of the witnesses while testifying to the events giving rise to this dispute. Based on our observations, we make the following credibility determinations:
(a) Plaintiff, Kay Thompson, is an assistant librarian at Clemente. Thompson's testimony on all disputed issues of fact was knowledgeable, forthright, precise, detailed, clear, and entirely credible;
(b) Martin Montes, called to testify by Thompson in her case-in-chief, is a former Clemente student and graduate who has resided in the Clemente community. He is acquainted with Thompson only through his dealings with her on a student/librarian basis while at Clemente. Though limited in scope, Montes' testimony on all disputed issues of fact was impartial, knowledgeable, candid, clear, and entirely credible;