Right, but if one of those candidates who wasn't considered decides to sue the college for racial discrimination, they would have an easy case to prove if the college President went around the recommendations to do their own thing.
It would be very difficult for the college president to make the argument in court, under oath and threat of perjury. All the plaintiffs would need to do is question the President on why they went around the recommendations of the selection committee. And also, is the President hiring people? Wouldn't the hiring be done by someone else?
I can't see a world or instance where that end-around was done in good faith.
Discovery would be a bitch for the college. In fact, they would probably fire the President to avoid a courtroom altogether.
The president chose an Hispanic male. The committee submitted three names. They were supposed to be unranked but they specifically ranked him at the bottom because of a poor academic record with a lot of C's in graduate classes. The president was very ambitious and wanted to increased the minority faculty.
On what grounds could other candidates sue? The committee considers many candidates but must narrow the list down to those to be interviewed and then a final candidate (or three in this case). There is no grounds to sue. A person's academic record might be less important than many other factors, so grades are not a basis for discrimination. If the president had chosen a white male there would still be no basis for the other two candidates to sue.
Affirmative action only works if the employer does not want to discriminate or wants to hire additional minorities (and then we don't need AA). But, if an employer (or committee, or department head) doesn't care about those things there is no basis for suing if the AA guidelines are followed.