Full opinion text
MEMORANDUM AND ORDER HOLSCHUH, District Judge. This matter is before the Court on Defendant’s Motion for Summary Judgment (Record 31). Plaintiff Marie L. Black asserts eleven claims against Defendant, Columbus Public Schools (“CPS”), arising from her employment with CPS. Plaintiff alleges that she was subjected to a hostile work environment because of her supervisor’s conduct, and that as a result of her complaints about his conduct, she suffered retaliation. Plaintiff further alleges that she was subjected to disparate treatment based on sex, race and age. Additionally, Plaintiff asserts that Defendant violated rights guaranteed to her by the First, Fifth and Fourteenth Amendments to the United States Constitution, as well as rights protected under Ohio law. Plaintiff brings this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq., the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et. seq., 42 U.S.C. § 1983, the Ohio Civil Rights Act, Ohio Revised Code Chapter 4112, Ohio Revised Code § 4113.52, and Ohio tort law. Plaintiffs husband, David Black, asserts two claims under Ohio tort law. For the following reasons, the Court GRANTS Defendant’s motion in part, and DENIES the motion in part. I. FACTUAL BACKGROUND Plaintiff began her career with Columbus Public Schools in 1965. From 1987 to 1992, Plaintiff served as Assistant Principal at Mifflin Alternative Middle School. During Plaintiffs tenure as Assistant Principal, the school’s Principal was Stephen Tankovich. Until 1991, Plaintiff and Tan-kovich had a good working relationship (Black Dep. at 28, 31; Tankovich Dep. at 19). However, Plaintiff alleges that during the 1990-91 school year, an affair began between Tankovich and a parent volunteer, Cynthia Stanley (Black Dep. at 25). Plaintiff asserts that the alleged affair rendered the school office a sexually charged environment which unreasonably interfered with her work performance. Plaintiff offers several incidents to demonstrate how the alleged affair affected the office and created a hostile work environment. Plaintiff asserts that she witnessed hand holding, kissing and touching between Tankovich and Stanley. (Defendant’s Motion for Summary Judgment at 4, Plaintiffs Memorandum Contra at 22). Plaintiffs secretary, Pat Bryson, and another parent volunteer, Arnon Lee, state that although rumors abounded about the alleged affair, they never witnessed any sexual conduct between Tankovich and Stanley (Bryson Dep. at 17-18, 22, 43, 45; Lee Dep. at 18-19, 22-23, 26, 43). Plaintiff also alleges that Tankovich and Stanley were often in Tankovich’s office for lengthy periods of time with the door locked, and would emerge from the office with their clothes rumpled. (Plaintiffs Memorandum Contra at 2). Tankovich acknowledges that Stanley was in his office on various occasions, and that she did sit on or lean against his desk because of back problems. (Tankovich Dep. at 27). Tan-kovich also acknowledges that he closed and locked the door for privacy occasionally when Stanley was in his office, because he “didn’t want someone to have an inappropriate concept of what was going on.” (Tankovich Dep. at 27, 50). Tankovich frequently locked his office door when he did not want to be interrupted during conferences with teachers and parents. (Tan-kovich Dep. at 49-51). Tankovich denies that anything sexual in nature occurred between himself and Stanley during the school day during the 1991-92 school year. (Tankovich Dep. at 27-28). Plaintiff asserts that Tankovich allowed the affair to consume most of his time at school, and as a result, he abdicated many of his duties, thereby leaving her to shoulder undue disciplinary responsibility. (Black Dep. at 29). In addition, Plaintiff asserts that she had to field complaints from staff members regarding the affair and Tankovich’s corresponding unavailability, (Black Dep. at 32, 65), from Tankovich’s wife about her husband’s unavailability, (Black Dep. at 50), and on one occasion, had to explain to Stanley’s child why the child had to wait so long while her mother was in the principal’s office. (Plaintiffs Memorandum Contra at 2, 22). Plaintiff argues that Tankovich’s conduct adversely affected her job performance (Black Dep. at 56), created an environment which was not conducive to administering a school, (Black Dep. at 56), and offended her personally. However, Plaintiff does not allege, and the record is clear, that no direct sexual harassment of Plaintiff by Tankovich ever occurred. (Defendant’s Motion for Summary Judgment at 5; Black Dep. at 61-62). In the Spring of 1991, Plaintiff reported the rumored affair to Mifflin’s Community of Schools Leader (COSL) Maurice Blake. (See Plaintiffs Memorandum Contra at 15, Defendant’s Motion for Summary Judgment at 5). Plaintiff and Blake discussed both the affair and the amount of disciplinary matters that Plaintiff was handling. (See Defendant’s Motion for Summary Judgment at 5). In response to Plaintiffs concerns, Blake investigated the matter further and found that Plaintiff was handling an “inordinate amount” of the school’s disciplinary matters. (Blake Dep. at 24). Blake discussed Plaintiffs concerns with Tankovich, and as result, Tan-kovich assigned support staff to assist Plaintiff with her disciplinary duties. (Tankovich Dep. at 24-25). Blake did not make a report about or document these meetings in any manner, nor did he do so for any of Plaintiffs subsequent complaints and his meetings with her. (Blake Dep. at 36, 52, 72, 75). Blake met with Tankovich twice to address his unavailability and the alleged affair. (Blake Dep. 37, 39-40, 43-44). During the first meeting, Blake told Tan-kovich that the staff was concerned that Stanley was spending too much time in Tankovich’s office. (Blake Dep. 39). Blake instructed him to be sure that the time he spent with Stanley would not interfere with his duties as Principal. (Blake Dep. at 39). During his second meeting with Tankovich, Blake asked Tan-kovich about the alleged affair. (Blake Dep. at 44). Tankovich denied having an affair with Stanley. (Blake Dep. 44). Blake met with Stanley to discuss the alleged affair, and she also denied the allegation (Blake Dep. at 47). In the spring of 1992, Plaintiff received notice that she was being transferred, effective for the 1992-93 school year, to Yorktown Middle School, where she would serve as the assistant principal. (Black Dep. at 57; Blake Dep. at 55-57). Plaintiff did not request this transfer. (Black Dep. at 59; Blake Dep. at 57). In fact, she had previously been offered and declined two lateral transfers, and had informed Blake that she was interested in a promotion, not a lateral transfer (Black Dep. at 59; Blake 56). Plaintiff asserts that her transfer to Yorktown Middle School was, in fact, a retaliatory demotion. First, Yorktown was not an alternative school, as was Miff-lin, and thus was considered to be less prestigious (See Plaintiffs Memorandum Contra at 16). Plaintiff points to the manner in which positions in the school district are filled to support this argument. In the school district, openings at regular schools are filled through an informal process. (Black Dep. at 117-18; Blake Dep. at 59; Waddell Dep. at 16, 18, 19). The openings are not posted, and no formal application is made. Instead, an individual wishing to be promoted or transferred fills out preference sheets from her COSL indicating her general interests, if that process is used by her COSL, or informs her supervisors, COSLs, and colleagues that she is interested in a particular position or a certain type of position, and hopes to be recommended for such. (Waddell Dep. at 18-19). In contrast, openings at alternative schools are posted, and candidates go through a formal application process. (Waddell Dep. 18-19; Black Dep. at 117-19). Plaintiff argues that her talents and background in foreign language education made her particularly well-suited to serve as assistant principal at Mifflin, because the school had a foreign language and international studies focus. (Plaintiffs Memorandum Contra at 27). Plaintiff objected to the transfer to Yorktown, but she had no choice as to whether to accept it. (Blake Dep. 57). Second, Plaintiff argues that her transfer to Yorktown was a retaliatory demotion because of a conversation she allegedly had with Blake regarding her transfer. According to Plaintiff, Blake informed her that she would be transferred, and then said, “you’ve been talking to everybody about what was going on over here ... it’s too bad you didn’t talk loud enough” (Black Dep. at 58). CPS asserts that Plaintiff was transferred to Yorktown because the school had an open position for which Plaintiff was qualified, and because the position’s duties would accommodate her concerns about student discipline. Yorktown had a smaller student population, and thus would require less disciplinary responsibility of Plaintiff. (Defendant’s Motion for Summary Judgment at 7). CPS offers the testimony of Gregory Waddell, the COSL for Yorktown, that at a COSL meeting, he announced that he needed to fill the Yorktown position with an experienced administrator who was a black female, and preferably had a “strong curriculum background.” (Waddell Dep. at 17). Blake, Plaintiffs COSL, recommended her for the position because he thought the duties of the position better fit Plaintiffs needs and would help her get away from the environment at Mifflin about which she was complaining. (Blake Dep. at 65, 67). However, Blake informed Waddell of Plaintiffs concerns and complaints regarding Tankovich prior to Waddell’s announcement of the opening and Blake’s recommendation of Plaintiff for the position (Blake Dep. at 66-67). After Plaintiff was informed of her transfer to Yorktown, she continued to contact school officials and administrators about the environment she perceived to exist at Mifflin, as well as her allegedly retaliatory transfer. In addition to Mifflin COSL Blake and Yorktown COSL Wad-dell, Plaintiff expressed her concerns to Superintendent Larry Mixon, Deputy Superintendent Joyce Beltz, school board member William Moss, and Central Education Center employee Lou Mazzoli, in addition to many others. (Plaintiffs Memorandum Contra at 16-18; Defendant’s Motion for Summary Judgment at 8; Black Dep. at 66-86; Blake Dep. at 64). In June 1992, Plaintiff wrote a letter to Deputy Superintendent Joyce Beltz, expressing her concerns about the environment at Mifflin, as well as her transfer to Yorktown (Blake Dep. at 59, 65; Black Dep. at 74-76). Plaintiff also showed this letter to Blake and Mazzoli (Black Dep. at 75-76). Although the record is not clear as to when, at some point COSL Blake met with Superintendent Mixon and informed him of the allegations of an affair between Tan-kovich and Stanley. (Blake Dep. at 53-54). Also, at some point, Superintendent Mixon requested a meeting with COSL Waddell regarding Plaintiffs complaints (Waddell Dep. at 27). After speaking to Waddell about her concerns, and determining that he had failed to respond within a reasonable time, Plaintiff met with Superintendent Mixon (Black Dep. at 87). Plaintiff met with Mixon at his office, with the intent to discuss the affair and how her report of the affair had interfered with her career. (Black Dep. at 88). According to Plaintiff, Mixon reacted hostilely to her report of the affair. (Black Dep. at 88-89). She explained to him that she needed help with respect to a position (director of pupil personnel) at the central office for which she was applying, and they discussed the salary for the position. (Black Dep. at 89). Plaintiff states that the meeting was “embarrassing” because of Mixon’s reaction to her complaints. (Black Dep. at 89). In March of 1994, three years after Plaintiffs initial complaints regarding Tan-kovich, Mr. Braun, the school district’s legal counsel, informed Waddell that Plaintiff had filed a civil rights complaint, but that in his opinion, the conduct alleged did not constitute sexual harassment. (Wad-dell Dep. at 29, 38). Braun instructed Waddell to advise Plaintiff by letter that in the future, she should follow the chain of command for any complaints. (Waddell Dep. at 29). In a letter dated March 22, 1994, Waddell informed Plaintiff that Mr. Braun did not believe that she had suffered any civil rights violations, that Superintendent Mixon could not “remedy [her] alleged civil rights violations by removing [her] from the field to the central office,” that she was entitled to pursue her concerns with CPS’ compliance officer, Wade Franklin, or the Ohio Civil Rights Commission, that her transfer to Yorktown was not disciplinary, and that she should follow the chain of command in the future. (Waddell Dep. at 37; Plaintiffs Memorandum Contra, Exhibit B). On July 12, 1994, Plaintiff filed a charge with the Equal Employment Opportunity Commission (EEOC) alleging that, because of her sex, she was denied an opportunity to discuss or receive responses concerning employment-related matters (Black Dep. at 101). According to Plaintiff, this charge was based on her meeting with Superintendent Mixon, and his hostility toward her concerns. (Black Dep. at 102-04). In addition to her claim that her transfer to Yorktown was retaliatory, Plaintiff also claims that she was denied promotions to two positions in Columbus Public Schools as a result of her complaints about Tankovich. (Plaintiffs Memorandum Contra at 8, Defendant’s Motion for Summary Judgment at 8). Defendant offers evidence that Plaintiff never formally applied for any positions, and that she only responded to a preference sheet which COSL Blake distributed to his staff. (Defendant’s Motion for Summary Judgment at 8). First, Plaintiff asserts that in August, 1994, she was denied a promotion to the position of principal at Indianola Middle School. CPS promoted Sharon Prentice, a white female, to the position. At the time Prentice was promoted, she had served as assistant principal at Indianola for four years. (Defendant’s Motion for Summary Judgment at 27, Exhibit D). On August 12, 1994, Plaintiff filed an EEOC charge alleging that she was denied this promotion based upon discrimination and retaliation (Plaintiffs Memorandum Contra, Exhibit F). Second, Plaintiff asserts that sometime in August, 1994, she requested the assistant principal position at Mifflin High School. On November 6, 1994, Plaintiff became aware that a white female, Karen Zalac, had been promoted to the assistant principal position at Mifflin High School. At the time she was promoted, Zalac had served as the Administrative Assistant at Mifflin High School for four months. (Plaintiffs Memorandum Contra, Exhibit D). On November 25, 1994, Plaintiff filed an EEOC charge alleging that she was denied this promotion based upon discrimination and retaliation. Plaintiff took extended sick leave from Yorktown in February of 1995. However, the Yorktown position required a full-time person. (Defendant’s Motion for Summary Judgment at 7). Thus, in 1995, CPS transferred Plaintiff from Yorktown to Franklin Alternative Middle School. (Id.). Franklin was a larger school and already had two full-time administrators, but needed a third part-time administrator, the position filled by Plaintiff. (Id.). On March 27, 1996, Plaintiff filed her complaint (Record l)in the United States District Court, and subsequently took disability retirement from CPS in May, 1996. The EEOC issued Plaintiff a right to sue letter on July 23, 1996, and Plaintiff filed an amended complaint (Record 8) on October 18, 1996. Defendant filed the motion for summary judgment on March 31, 1998 (Record 31) and Plaintiff responded to the motion on May 15, 1998 (Record 34). Defendant filed a reply on June 1, 1998 (Record 35). Thus, the motion for summary judgment is fully briefed and is ripe for the Court’s consideration. II. A. Standard for Summary Judgment Federal Rule of Civil Procedure 56(c) provides: [Summary judgment]... shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Under this standard, “the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.” See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (emphasis in original); Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir. 1984). Summary judgment will not lie if the dispute about a material fact is genuine; “that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” . See Anderson, 477 U.S. at 248, 106 S.Ct. 2505. The purpose of the procedure is not to resolve factual issues, but to determine if there are genuine issues of fact to be tried. See Lashlee v. Sumner, 570 F.2d 107, 111 (6th Cir. 1978). Therefore, summary judgment will be granted “only where the moving party is entitled to judgment as a matter of law, where it is quite clear what the truth is ... [and where] no genuine issue remains for trial ... the purpose of the rule is not to cut litigants off from their right of trial by jury if they really have issues to try.” See Poller v. Columbia Broadcasting Sys., 368 U.S. 464, 467, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962) (quoting Sartor v. Arkansas Natural Gas Corp., 321 U.S. 620, 627, 64 S.Ct, 724, 88 L.Ed. 967 (1944)). Accord Oakland County v. City of Berkley, 742 F.2d 289, 297 (6th Cir.1984). Although summary judgment should be cautiously invoked, it is an integral part of the Federal Rules, which are designed “to secure the just, speedy and inexpensive determination of every action.” See Celo-tex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 1). In a motion for summary judgment the moving party bears the “burden of showing the absence of a genuine issue as to any material fact, and for these purposes, the [evidence submitted] must be viewed in the light most favorable to the opposing party.” See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970) (footnote omitted). Accord Adams v. Union Carbide Corp., 737 F.2d 1453, 1455-56 (6th Cir.), cert. denied, 469 U.S. 1062, 105 S.Ct. 545, 83 L.Ed.2d 432 (1984). Inferences to be drawn from the underlying facts contained in such materials must also be considered in the light most favorable to the party opposing the motion. See United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962); Watkins v. Northivestem Ohio Tractor Pullers Ass’n, 630 F.2d 1155, 1158 (6th Cir.1980). Additionally, “unexplained gaps” in materials submitted by the moving party, if pertinent to material issues of fact, justify denial of a motion for summary judgment. See Adickes, 398 U.S. at 157-60, 90 S.Ct. 1598. If the moving party meets its burden and adequate time for discovery has been provided, summary judgment is appropriate if the opposing party fails to make a showing sufficient to establish the existence of an element essential to that party’s case and on which that party will bear the burden of proof at trial. See Celotex, 477 U.S. at 322, 106 S.Ct. 2548. The existence of a mere scintilla of evidence in support of the opposing party’s position is insufficient; there must be evidence on which the jury could reasonably find for the opposing party. See Anderson, 477 U.S. at 252, 106 S.Ct. 2505. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleading, but the adverse party’s response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party. Fed.R.Civ.P. 56(e). B. Fischer Affidavit Plaintiff has presented the affidavit of Cheryl Fischer as Exhibit C to Plaintiffs Memorandum Contra. Mrs. Fischer was a teacher at Mifflin Alternative Middle School for seven years, and Plaintiff was her supervisor. In its Reply Memorandum, CPS moves to strike Mrs. Fischer’s affidavit on several grounds. (Defendant’s Reply Memorandum at 4). First, Mrs. Fischer was not identified as a witness during discovery. (Id.). Second, Mrs. Fischer’s affidavit was never produced during the course of discovery, and is dated only two days before Plaintiffs Memorandum Contra was filed (Id. at 4-5). Instead of receiving a copy of the affidavit, CPS received only an unsworn transcript of a telephone conversation between Mrs. Fischer and Plaintiffs counsel (Id. at 5). Based on these facts, Defendant did not depose Mrs. Fischer (Id.). Third, CPS granted Plaintiff an extension to file the Memorandum Contra based on Plaintiffs counsel’s representation that no additional discovery, including affidavits, would be included or obtained (Id.). Fourth, CPS argues that Mrs. Fischer’s affidavit “rests solely on conclusory statements unsupported by the evidence, constitutes speculation, is replete with irrelevancies, contains inadmissible evidence such as hearsay,” and does not comply with Fed.R.Civ.P. 56(e), because it is not based on personal knowledge (Id.). The Court agrees with CPS, and hereby strikes the Fischer Affidavit, attached to Plaintiffs Memorandum Contra as Exhibit C. The affidavit does not comply with Rule 56(e) in that it contains abundant hearsay and inadmissible evidence. Additionally, the Court relies on Fed.R.Civ.P. 37(c)(1) to strike the Fischer Affidavit, because Plaintiff failed to disclose Mrs. Fischer as a witness during discovery. The Court now turns to Plaintiffs claims. III. DISCUSSION A. Title VII: Hostile Work Environment Plaintiff alleges that an affair between her supervisor, Principal Stephen Tanko-vich, and a parent volunteer, Cynthia Stanley, created a hostile work environment and unreasonably interfered with her work performance. Title VII of the Civil Rights Act of 1964 makes it an unlawful employment practice for an employer “to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual’s ... sex.” See 42 U.S.C. § 2000e-2(a)(l). A plaintiff may establish a violation of Title VII, without having to prove a tangible employment action, by proving that sex-based discrimination created a hostile or abusive working environment. See Meritor Savings Bank v. Vinson, 477 U.S. 67, 66, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986); Williams v. General Motors Corp., 187 F.3d 553, 560 (6th Cir.1999). To establish a hostile work environment claim, a plaintiff must show: (1) she is a member of a protected class; (2) she was subject to unwelcomed sexual harassment; (3) the harassment was based on her sex; (4) the harassment created a hostile work environment, and (5) the employer failed to take reasonable care to prevent and correct any sexually harassing behavior. See Bowman v. Shawnee State Univ., 220 F.3d 456, 462-63 (6th Cir.2000), Williams, 187 F.3d at 560-61. For the sexual harassment to be actionable, the workplace must be permeated with discrimination, intimidation, ridicule and insult which is “sufficiently severe or pervasive to alter the conditions of [the victim’s] employment and create an abusive working environment.” See Powell v. Morris, 37 F.Supp.2d 1011, 1016 (S.D.Ohio 1999) (relying on Harris v. Forklift Systems, Inc., 510 U.S. 17, 21-22, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993)). The conduct in question must be judged by both an objective and a subjective standard. The conduct must be severe or pervasive enough to create an environment that a reasonable person would find hostile or abusive, and the victim must subjectively regard that environment as such. See Bowman, 220 F.3d at 463 (relying on Harris, 510 U.S. at 21-22, 114 S.Ct. 367). In making this assessment, courts must consider the “totality of the circumstances.” See Williams, 187 F.3d at 562 (relying on Harris, 510 U.S. at 23, 114 S.Ct. 367; Oncale v. Sundowner Offshore Serv., Inc., 523 U.S. 75, 81, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998)). Thus, courts must consider the frequency of the conduct, its severity, whether it was physically threatening or humiliating, and whether it unreasonably interfered with the employee’s work performance. See Harris, 510 U.S. at 21, 114 S.Ct. 367; Bowman, 220 F.3d at 463. Additionally, “non-sexual conduct may be illegally sex-based and properly considered in a hostile environment analysis, where it can be shown that but for the employee’s sex, [she] would not have been the object of the harassment.” See Bow- man, 220 F.3d at 463. Thus, “any unequal treatment of an employee that would not occur but for the employee’s gender may, if sufficiently severe or pervasive under the Hams standard, constitute a hostile environment in violation of Title VII.” See id. (quoting Williams, 187 F.3d at 565). In other words, “the law recognizes that nonsexual conduct may be illegally sex-based wrhere it evinces ‘anti-female’ animus.” See Williams, 187 F.3d at 565 (citing Lipsett v. Univ. of Puerto Rico, 864 F.2d 881, 905 (1st Cir.1988)). However, because Title VII is not meant to be a “general civility code,” it prohibits only discrimination and harassment based on sex. See Bowman, 220 F.3d at 463-64. The critical issue in this analysis is whether members of one sex are subjected to disadvantageous terms or conditions of employment to which members of the other sex are not subjected. See Oncale, 523 U.S. at 80, 118 S.Ct. 998. In order to survive Defendant’s motion for summary judgment, Plaintiff must sustain her burden of proof as to each element of her claim. Plaintiff clearly satisfies the first element as she is a female, and thus a member of a protected class. However, the second element is fatal to Plaintiffs hostile work environment claim. Plaintiff must show that she was subject to unwelcomed sexual harassment. Even considering the facts in the light most favorable to the Plaintiff, as the Court must do when considering a motion for summary judgment, Plaintiff clearly has failed to present evidence sufficient to satisfy this element. Plaintiffs basic argument regarding how the affair created a hostile environment is as follows: Tankovich was having a sexual affair with a school volunteer during working hours and on school grounds; because of the affair, Tankovich was often unavailable; because of Tankovich’s unavailability, Plaintiff was responsible for an undue amount of school discipline, and was required to respond to complaints regarding Tankovich’s whereabouts; the complaints and extra responsibility created a hostile environment and interfered with Plaintiffs work performance. Although Plaintiff now argues that she witnessed a “continuous pattern” of “hand holding, kissing, and touching,” between Tankovich and Stanley, she also states that she witnessed no sexual conduct. Even if Plaintiff did witness the conduct alleged, Plaintiff has not shown that she was subjected to any offensive language or touching, and she admits that no harassing behavior was ever directed at her (Black Dep. at 61-62). Plaintiff simply alleges that she witnessed Tankovich and Stanley’s conduct, which cannot be classified as “unwelcomed sexual harassment.” The conduct at issue, assuming it occurred as described and was witnessed by Plaintiff, was not frequent, severe, physically threatening, or humiliating. Although Tanko-vich’s unavailability may have interfered with Plaintiffs work performance, his conduct with Stanley did not. The alleged affair between Tankovich and Stanley did not create a hostile work environment. In fact, many courts have held that even a consensual, sexual relationship between a plaintiffs supervisor and a co-worker which results in preferential treatment for the “paramour” does not amount to a hostile work environment. See e.g., O’Patka v. Menasha Corp., 878 F.Supp. 1202, 1207 (E.D.Wis.1995); Candelore v. Clark County Sanitation Dist., 975 F.2d 588, 590 (9th Cir.1992); Drinkwater v. Union Carbide Corp., 904 F.2d 853, 862 (3rd Cir.1990). See also Broderick v. Ruder, 685 F.Supp. 1269, 1277 (D.D.C.1988) (“Title VII is also violated when an employer affords preferential treatment to female employees who submit to sexual advances or other conduct of a sexual nature and such conduct is a matter of common knowledge”). These cases are distinguishable from Plaintiffs claim because her claim involves an affair between her supervisor and an outside person who was not an employee. Surely if an affair between a supervisor and a co-employee does not create a hostile work environment, then the alleged affair between Tan-kovich and Stanley, a parent volunteer, also does not. Even assuming, arguendo, that Plaintiff could establish the first two elements of the prima facie case, she cannot establish the third, that the alleged harassment was based on her sex. Plaintiff makes two arguments regarding this element. First, she argues that Tankovich’s conduct was “based upon sex” because “[t]he very nature of an affair involves sexual activity to some extent.” (Plaintiffs Memorandum Contra at 22). Second, Plaintiff seems to argue that Tankovich’s conduct was “based upon sex,” because he felt empowered to engage in the alleged conduct because of Plaintiffs sex, in that because Plaintiff was a woman, Tankovieh felt he could get away with his inappropriate conduct. Even assuming that the conduct at issue could be classified as “harassment,” it was not based on Plaintiffs sex. First, Plaintiff seems to equate the abstract term “sex,” meaning sexual activity, with the term “sex,” referring to gender. The fact that some type of sexual activity may have been occurring does not mean that the Plaintiff was subjected to harassment based on her sex. Likewise, Plaintiffs argument regarding Tankovich’s empowerment is unsupported. Under Title VII, “nonsexual” harassment which is “sex-based” may be properly considered in a hostile environment analysis where it can be shown that but for the employee’s sex, she would not have been the object of harassment. See Bowman, 220 F.3d at 463 (relying on Williams, 187 F.3d at 565). In Title VII actions, it is important to distinguish between harassment and discriminatory harassment. As the Sixth Circuit noted in Bowman, “while [the plaintiff) may have been subject to intimidation, ridicule, and mistreatment, he has not shown that he was treated in a discriminatory manner because of his gender.” Bowman, 220 F.3d at 464. See also Barnett v. Dept. of Veterans Affairs, 153 F.3d 338, 342-43 (6th Cir.1998) (“personal conflict does not equate with discriminatory animus”), cert. denied, 525 U.S. 1106, 119 S.Ct. 875, 142 L.Ed.2d 775 (1999). Plaintiff offers no evidence to show that Tankovieh acted as he did because she is a woman, or that the hostility in her workplace was in any way related to her sex. Assuming Plaintiff could establish the first three elements of her hostile work environment claim, Plaintiff cannot establish the fourth element, that the harassment created a hostile work environment. The Court must consider whether the workplace was permeated with discriminatory intimidation, ridicule, and insult which were sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. This is judged both objectively and subjectively. First, Plaintiff must show that the harassment permeated the working environment. Although Tankovich’s conduct may have affected Plaintiffs working conditions in that his abdication of his responsibilities shifted work to Plaintiff, his conduct alone cannot be said to have permeated the environment. While the effects of his conduct, as well as the rumors regarding his conduct, clearly affected Plaintiffs working environment, the conduct of which Plaintiff complains did not. Plaintiff alleges that she witnessed several incidents of Stanley and Tankovieh “holding hands, jokes, sitting on Mr. Tanko-vich’s lap.” (Defendant’s Motion for Summary Judgment, Exhibit G, Interrogatory No. 4). Although this conduct, as Defendant concedes, may be “personally offensive and in poor taste,” it does not rise to the level of severity or pervasiveness required to establish this claim. Title VII does not prohibit conduct which is merely offensive. Thus, while unprofessional, personally offensive conduct may have permeated Plaintiffs working environment, thereby creating an unpleasant working environment, Plaintiff has failed to demonstrate that pervasive sexual harassment existed which created a hostile working environment. Although Plaintiff may have found her workplace to be personally hostile, she clearly has not demonstrated that it was objectively “hostile” in terms of Title VII. B. Title VII: Disparate Treatment In her Amended Complaint, Plaintiff contends that she was transferred and denied promotions on the basis of sex and race (Complaint, ¶¶ 6-18). In order to succeed in a Title VII action for disparate treatment employment discrimination based on race or sex, a plaintiff must demonstrate that the adverse employment decisions would not have been made “but for” her race or sex. See Gutz-willer v. Fenik, 860 F.2d 1317, 1325 (6th Cir.1988). A plaintiff can make this showing by presenting direct evidence, or by inference, from a prima facie showing of discrimination using the evidentiary framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) and Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). In order to establish a prima facie case of disparate treatment, a plaintiff must at a minimum show that she is a member of protected class and she was treated differently than persons who are not members of a protected class. See Hollins v. Atlantic Co., Inc., 188 F.3d 652, 658 (6th Cir.1999). Thus, to prove a prima facie case of disparate treatment under Title VII, a plaintiff must prove that (1) she is a member of protected class; (2) she was qualified for the job; (3) an adverse employment action was taken against her, and (4) she was treated differently than similarly situated non-protected employees. See O’Hara v. Mt. Vernon Bd. of Educ., 16 F.Supp.2d 868, 886 n. 16 (S.D.Ohio 1998). In order to prove the fourth element, a plaintiff must produce evidence that the “relevant other employees are ‘similarly situated in all respects.’ ” See Hollins, 188 F.3d at 659 (quoting Mitchell v. Toledo Hosp., 964 F.2d 577, 583 (6th Cir.1992)). Once the plaintiff establishes the prima facie case, the employer must meet its burden of production to establish a legitimate, nondiscriminatory reason for the plaintiffs discharge or denial of promotion. See Burdine, 450 U.S. at 253, 101 S.Ct. 1089; McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. The burden of production then shifts back to the plaintiff to show by a preponderance of the evidence that the employer’s legitimate reasons are a pretext for discrimination. See McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. 1. Transfer Plaintiff claims that her 1992 transfer from Mifflin Alternative Middle School to Yorktown Middle School constituted disparate treatment under Title VII. Defendant responds that Plaintiff was transferred to a position where she would better be able to handle her disciplinary responsibilities. Plaintiff has offered no direct evidence of discrimination, and therefore must rely on the burden shifting framework. Plaintiff satisfies the first two elements because as a black female, she is a member of a protected class, and the parties do not dispute whether she was qualified for her position. As for the third element Plaintiff must establish that she was subject to an adverse employment action. The United States Supreme Court has defined an adverse employment action as a “significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits as well as the denial of a raise or promotion” See Ellerth, 524 U.S. at 761, 118 S.Ct. 2257. In Hol-lins, 188 F.3d 652, 662, the Sixth Circuit held that in order to satisfy the required “adverse employment action” element, the plaintiff must establish “[a] materially adverse change in the terms and conditions of [his] employment.” The Hollins court explained that: a materially adverse change in the terms and conditions of employment must be more disruptive than a mere inconvenience or an alteration of responsibilities. A materially adverse change might be indicated by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices that might be unique to a particular situation. See id. (quoting Crady v. Liberty Nat’l Bank & Trust. Co., 993 F.2d 132, 136 (7th Cir.1993)). The Sixth Circuit has held that reassignments without salary or work hour changes do not ordinarily constitute adverse employment actions. See Kocsis v. Multi-Care Management Inc., 97 F.3d 876, 885 (6th Cir.1996) (citing Yates v. Avco Corp., 819 F.2d 630, 638 (6th Cir. 1987)). Additionally, barring unusual circumstances, ... a transfer at no loss of title, pay, or benefits does not amount to ... [an] adverse employment action. See Darnell v. Campbell County Fiscal Court, 731 F.Supp. 1309, 1313 (E.D.Ky.1990), aff'd, 924 F.2d 1057 (6th Cir.1991) (table). In Darnell, the court rejected the plaintiffs argument that his transfer to a position with the same duties, pay, and grade level constituted an adverse action because it required him to drive an additional 20 minutes to reach his office. In Strouss v. Michigan Dep’t of Corrections, 75 F.Supp.2d 711, 725 (E.D.Mich.1999), the plaintiff was transferred to another facility and was required to work a different shift. The employer argued that the plaintiff could not establish a legally cognizable adverse employment action because the change was merely a lateral transfer which did not entail any change in the plaintiffs salary or position. See id. While acknowledging that the transfer did not cause the plaintiff to suffer any decrease in wages or benefits, the court noted that the transfer required a change in the plaintiffs work hours, which impaired her ability to continue to take college classes. See id. The court found that unlike the plaintiffs in Kocsis and Yates, the plaintiffs transfer was intended to be permanent, and thus would materially impact her ability to continue her education. See id. at 726. Thus, the lateral transfer constituted an adverse employment action. See id. The Court has found several cases dealing with facts similar to those at issue. In Spring v. Sheboygan Area School District, 865 F.2d 883, 886 (7th Cir.1989), a case involving the ADEA, the Seventh Circuit determined that the reassignment of a school principal was not a materially adverse change in the terms of conditions of her employment. The plaintiff was transferred to a dual-principalship position that she argued was perceived disfavorably by the public. However, with her new position, plaintiff received a new employment contract and a merit pay increase. The court found that based on the evidence, the new position was advantageous to the plaintiff, and concluded that the public’s perception of the transfer was not a term or condition of the plaintiffs employment. In Plotner v. Swanton Local Board of Education, 85 F.Supp.2d 747 (N.D.Ohio 2000), the plaintiff, the school district superintendent’s secretary, alleged that she was transferred in retaliation for engaging in protected activity. The plaintiff was interested in a new position which would require her transfer from the central school board office to the high school testing center. Although the issue was not directly before the court, it noted that it had “grave doubts” as to whether the proposed transfer constituted an adverse employment action. See id. at 753. The court explained that: Determining whether an employee has suffered an adverse action necessarily requires a case-by-case inquiry. On a motion for summary judgment, the [c]ourt must consider the combined effects of the [defendants’ alleged conduct in totality. It is not disputed that [the plaintiff] was not discharged, or demoted, and her income was not reduced. It is not disputed that [the plaintiff] did not object to the change in job duties. The change in location was de minimis; the [c]ourt takes judicial notice that ... the buildings in issue are located less than half a mile apart. Defendant argues that Plaintiffs transfer to Yorktown Middle School cannot be labeled an adverse employment action because Plaintiff was not demoted, put in a worse position, nor given additional responsibilities. In fact, Defendant emphasizes that “Plaintiffs duties were considerably lessened by her transfer to Yorktown.” (Motion for Summary Judgment at 26). Defendant cites Yates, 819 F.2d at 638, for the proposition that “temporary transfers or demotions that reduce an employee’s duties and responsibilities, but maintain the employee’s salary and benefits are not considered adverse employment actions.” (Motion for Summary Judgment 26). Defendant’s reliance on this argument is misplaced for two reasons. First, the Court finds no evidence in the record that Plaintiffs transfer to Yorktown Middle School was “temporary.” Second, although reassignments without salary or work hour changes do not ordinarily constitute adverse employment actions, Plaintiff makes a strong argument that her transfer to Yorktown, while on the surface a lateral transfer, was in fact, a demotion. Plaintiff argues that she was transferred from Mifflin Alternative School, an elite, alternative school with an international focus, where to get a position one must competitively bid, to a regular middle school. (Plaintiffs Memo Contra at 26; Waddell Dep. at 54). Additionally, the Yorktown position was less suited to Plaintiffs skills and expertise in foreign language education and foreign studies, than Mifflin, where she was able to utilize her talents to implement programs. Cf. Gal-abya v. New York City Bd. of Educ., 202 F.3d 636, 641-42 (2nd Cir.2000) (transfer of teacher from junior high special education keyboarding classes to high school mainstream keyboarding classes not an adverse employment action; teacher failed to show that the assignment was less prestigious, less suited to his skills and expertise, or less conducive to career advancement). See Jones v. Sch. Dist., 198 F.3d 403, 412 (3rd Cir.1999) (transfers of science teacher which resulted in loss of opportunity to teach his speciality subject and placement in a “difficult” school constituted adverse employment actions); Zotos v. Lindbergh Sch. Dist., 121 F.3d 356, 362 (8th Cir.1997) (transfer of teacher from class for gifted students to regular classroom constituted an adverse employment action); Rodriguez v. Bd. of Educ., 620 F.2d 362, 365-66 (2nd Cir.1980) (transfer of junior high art teacher to elementary school constituted an adverse employment action because teacher’s education and expertise focused on developing programs for junior high students). See also Coleman v. Wayne State Univ., 664 F.Supp. 1082, 1092 (E.D.Mich.1987) (transfer of university personnel officer from Personnel Services department, where he was involved in hiring and affirmative action policies, to Staff Benefits department, where he would not be involved in those matters, was an adverse employment action). Although Plaintiff was not given additional responsibilities, she was put in a worse position given the difference between the two schools and her expertise. Defendant readily admits that as a result of her transfer, Plaintiffs duties were “considerably lessened.” As Plaintiff argues, however, Defendant did not help her when it transferred her, because she was not seeking to have her duties and disciplinary responsibilities lessened. Instead, Plaintiff complained about the undue burden which Tankovieh’s unavailability placed upon her. In viewing the facts in the light most favorable to Plaintiff, as the Court must do in considering Defendant’s motion for summary judgment, the Court finds that Plaintiffs transfer to Yorktown constitutes a materially adverse employment action which is actionable under Title VII. Plaintiffs transfer was unsolicited and permanent. By the Defendant’s own admission, the position to which Plaintiff was transferred entailed significantly diminished material responsibilities. The position was less distinguished. This is not a case, as in Spring, where there is only a “perception” of such. Instead, Defendant’s own hiring and promotion practices, which differentiate between alternative schools and regular schools, clearly and objectively demonstrate that Plaintiffs position at Yorktown was less distinguished than her position at Mifflin. Additionally, Plaintiff was not be able to utilize her foreign language specialty at Yorktown as she was able to do at Mifflin. Although Plaintiff satisfies the first three elements of the prima facie case, she fails to satisfy the fourth, that she was treated differently than persons who are not members of a protected class. Although Plaintiff never specifically explains, the Court assumes that with respect to her transfer, Plaintiff believes she was treated differently than Tankovieh, a white male. Presumably, Plaintiff believes that because Tankovieh was the root of the problems at Mifflin, it was he, and not she, who should have been transferred. The problem with this disparate treatment claim is that Plaintiff and Tankovieh were not “similarly situated,” because each occupied a unique administrative position. Additionally, this case does not involve disparate disciplinary action where, each employee engaged in similar conduct for which one received unjustifiably different punishment. The fourth element of a prima facie case of disparate treatment — proof that Plaintiff was treated differently from similarly situated non-protected employees — is critical, because such proof would support an inference of discrimination. Without that evidence, there is no prima facie case of discrimination, and, in the present case, Plaintiff has failed to meet her burden of producing such evidence. While the proffered reasons for Plaintiffs transfer may be disputed, and while the transfer may not have been in Plaintiffs best interests, or indeed, in the best interests of the school system, there is simply no evidence produced by Plaintiff that would support any finding that the transfer was motivated by sex or race-based animus. 2. Promotions Plaintiff also asserts a disparate treatment claim on the basis of sex and race regarding the denial of two promotions. In order to establish a prima face case of discrimination based upon the failure to promote, in the absence of direct evidence, Plaintiff must demonstrate that: (1) she is a member of a protected class; (2) she applied for and was qualified for a promotion; (3) she was considered for and denied the promotion, and (4) other employees of similar qualifications who were not members of the protected class received promotions at the time Plaintiffs request for promotion was denied. See Nguyen v. Cleveland, 229 F.3d 559, 563 (6th Cir.2000) (citing Betkerur v. Aultman Hosp. Ass’n, 78 F.3d 1079, 1095 (6th Cir. 1996)); Brown v. Tennessee, 693 F.2d 600, 603 (6th Cir.1982). A. Mifflin High School Assistant Principal Plaintiff discovered in November, 1994 that the position of Assistant Principal at Mifflin High School had been open. Plaintiff argues that CPS denied her request for promotion and promoted a similarly situated white female to the position. Plaintiff must establish a prima facie case regarding the Mifflin High School position. First, as a black female, Plaintiff is a member of a protected class. Second, Plaintiff must show that she applied for and was qualified for the position at issue. There is some dispute about whether Plaintiff actually applied for this position. Although it is clear that Plaintiff did not apply for the position in the traditional sense of filling out an application or submitting a resume, Plaintiff asserts that she did in fact follow the procedures used in the school district for filling such vacancies. Although it is not entirely clear that Plaintiff satisfies this element, for purposes of summary judgment the Court construes the facts in the light most favorable to the non-moving party, the Plaintiff. Additionally, CPS should not benefit from its utilization of an informal promotion system by raising a plaintiffs failure to apply for a position as a fatal defect in her claim. See Dews v. A.B. Dick Co., 231 F.3d 1016, 1022 (6th Cir.2000) (holding that “in failure to promote cases a plaintiff does not have to establish that he applied for and was considered for the promotion when the employer does not notify its employees of the available promotion or does not provide a formal mechanism for expressing interest in the promotion”). See also Cur-ran v. Portland Superintending Sch. Comm., 435 F.Supp. 1063, 1072 (D.Me. 1977) (Title VII plaintiffs failure to apply could not prevent her challenge to employment practices, where her contention was that those very practices made it impossible for her to apply); International Brotherhood of Teamsters v. United States, 431 U.S. 324, 367, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977) (“The denial of Title VII relief on the ground that the claimant had not formally applied for the job could exclude from the Act’s coverage the victims of the most entrenched forms of discrimination. Victims ... could be denied relief precisely because the unlawful practices had been so successful as totally to deter job applications from members of minority groups”). The Court will assume for purposes of this motion that Plaintiff applied for the position, and because the parties do not dispute Plaintiffs qualifications, will also assume that she was qualified for the position of Mifflin High School Assistant Principal. As to the third element, Plaintiff must show that she was considered for and denied the position. However, Plaintiff does not know if she was considered for the Mifflin High School position. (Black Dep. at 120). Similar to the second element, this lack of knowledge may be attributable to CPS’ informal recommendation system. See Dews, 231 F.3d at 1022 (plaintiff need not show that he was considered for the position where employer does not provide a formal mechanism for expressing interest in the promotion). Thus, for purposes of this motion, the Court will assume that Plaintiff was considered for the position. As to the fourth element, Plaintiff must show that she was rejected in favor of a person with similar qualifications who was not a member of her protected class. The position of Mifflin High School Assistant Principal was filled by Karen Zalac, a white female. The parties do not dispute whether Zalac can be considered a “person with similar qualifications.” Thus, Plaintiff has satisfied the fourth element necessary for a prima facie showing. Assuming that Plaintiff can establish a prima facie case, CPS must come forward with a legitimate, nondiscriminatory reason for its employment decision. CPS has offered the Affidavit of Maurice Blake, the COSL responsible for both Mifflin Alternative Middle School and Mifflin High School. Blake states that in his discretion, Karen Zalac was best suited for the position of Mifflin High School Assistant Principal, and thus he recommended her for it. According to Blake, Zalac was chosen because of her “level of experience ... in Columbus Public Schools, as well as her job skills and overall performance.” (Blake Aff. ¶ 7). Prior to her promotion, Zalac served as the Administrative Assistant at Mifflin High School for four months, and thus was already familiar with the school’s procedures and students. Pri- or to that, she served as Administrative Assistant at another high school which Blake oversaw. Blake felt that Zalac’s skills and experience in high schools made her the best candidate for the position. Defendant has offered a legitimate, nondiscriminatory reason for its employment decision, and thus has met its burden of production. Plaintiff has offered no evidence to refute Defendant’s explanation for its decision regarding the Mifflin High School Assistant Principal position. Although Plaintiff argues that one of the women promoted to one of the positions at issue “was less qualified than Plaintiff,” (Plaintiffs Memorandum Contra at 6), she has not specified to which women she refers, nor has she offered any evidence to show that Zalac was not better qualified for the position. B. Indianola Middle School Principal Plaintiff also alleges that she was denied a promotion to the position of Principal at Indianola Middle School based on her race and age. The Principal position at Indianola Middle School was filled by Sharon Prentice, a white female who had served as Assistant Principal of the school for four years prior to her promotion. Robert Stamps, the COSL for Indianola Middle School recommended Prentice for the position because of her experience, performance, and her “excellent rapport with students and staff.” (Stamps Aff. at ¶ 6). Additionally, Stamps recognized the importance of continuity, and chose Prentice, who had been the school’s Assistant Principal for four years, to serve as its Principal. (Id.). Plaintiff has offered absolutely no evidence to refute this legitimate, nondiscriminatory reason for CPS’ decision to promote Prentice instead of Plaintiff. Plaintiffs subjective belief that she was “clearly more qualified” than Prentice is not sufficient to refute CPS’ legitimate, nondiscriminatory reason for promoting Prentice. (Plaintiffs Memorandum Contra at 31). C. Title VII: Retaliation Under Title VII, an employer may not discriminate against an employee because the employee has “opposed any practice made an unlawful employment practice by [Title VII], or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII].” See 42 U.S.C § 2000e-3(a). In addition to her Title VII claims of sex and race discrimination, Plaintiff also alleges that CPS unlawfully retaliated against her for her complaints regarding the alleged affair, and for the filing of charges with the EEOC. To establish a retaliation claim under Title VII, a plaintiff must prove: (1) she engaged in activity protected by Title VII; (2) this exercise of protected rights was known to the defendant; (3) the defendant thereafter took adverse employment action against the plaintiff, or the plaintiff was subjected to severe or pervasive retaliatory harassment by a supervisor, and (4) a causal connection between the protected activity and the adverse employment action or harassment. See Morris v. Old-ham County Fiscal Court, 201 F.3d 784, 792 (6th Cir.2000) (citing Canitia v. Yelloio Freight Sys., Inc., 903 F.2d 1064, 1066 (6th Cir.1990) (outlining previous standard for prima face retaliation claim)). Plaintiffs success on her retaliation claim does not depend on the merits of the underlying discrimination claim. See Powell v. Morris, 37 F.Supp.2d 1011, 1016 (S.D.Ohio 1999); Spence v. Local 1250, UAW, 595 F.Supp. 6, 10 (N.D.Ohio 1984) (“An employee need not establish the validity of his original discrimination claim to prove a charge of employer retaliation flowing from the original claim ... the factual truth of the employee’s accusation which inspired the reprisal is immaterial ... [w]hat is relevant is that the employee sincerely believed discriminatory practices exited ... ”) (internal citations omitted). Thus, the employee need not establish that the alleged conduct she opposed was in fact discriminatory, so long as she can demonstrate that she had a good faith, reasonable belief that the conduct about which she complained was in violation of Title VII. Plaintiff asserts that her transfer to Yorktown, as well as CPS’ failure to promote to her to the Mifflin High School and Indianola Middle School positions, constituted retaliation. 1. Transfer Plaintiff must first establish that she was engaged in activity protected by Title VII. Prior to her transfer to Yorktown, Plaintiffs only protected activity with respect to Tankovich’s conduct consisted of informal complaints. For purposes of Title VII retaliation claims, these informal complaints constitute protected activity. See e.g., Weaver v. Ohio State Univ., 71 F.Supp.2d 789, 793 (S.D.Ohio 1998) (informal complaint to employer concerning practices which are prohibited by Title VII is sufficient to constitute proteet-ed activity (citing E.E.O.C. v. Romeo Community Schools, 976 F.2d 985, 989 (6th Cir.1992))), aff'd, 194 F.3d 1315 (6th Cir. 1999) (table); Wilson v. Wayne County, 856 F.Supp. 1254, 1260-61 (M.D.Tenn. 1994) (forms of protected activity under Title VII include publicly and privately expressing that an employer has illegally discriminated, and reporting illegal discrimination to supervisors) cert. denied, 525 U.S. 811, 119 S.Ct. 43, 142 L.Ed.2d 34 (1998); Coleman v. Wayne State Univ., 664 F.Supp. 1082, 1092, n. 5 (E.D.Mich. 1987) (finding that repeated public and private expressions of the belief that employer engaged in race discrimination constituted protected activity, and noting that “protected activity ... includes more than the filing of a formal complaint ... it extends to an employee’s expression of a reasonable belief that the employer has engaged in discriminatory employment practices ...”); Arzate v. City of Topeka, 884 F.Supp. 1494, 1503 (D.Kan.1995) (an informal complaint to management qualifies as protected activity). But see Weaver, 71 F.Supp.2d at 794 (complaints concerning unfair treatment in general which do not specifically address discrimination do not constitute protected activity). Although some of Plaintiffs complaints may have focused on what she perceived to be unfair treatment, many of her complaints also addressed what she perceived to be sexual harassment. In the context of summary judgment, all facts are viewed in the light most favorable to the non-moving party. Therefore, the Court will assume that Plaintiffs informal complaints qualify as protected activity, as they at least in part addressed what Plaintiff believed to be conduct prohibited by Title VII. Second, Plaintiffs protected activity was known to Defendant. Many school officials, including those who controlled her transfer to Yorktown Middle School were aware of her complaints. Specifically, Maurice Blake and Gregory Waddell, the COSLs responsible for Plaintiffs transfer, were well aware of Plaintiffs complaints. Third, Plaintiff must demonstrate that CPS took a materially adverse employment action against her. As discussed above, Plaintiff satisfies this element because her transfer, although it did not entail a decrease in pay, was in fact a demotion, and not a lateral transfer. Plaintiffs transfer to Yorktown was unsolicited and permanent, and resulted in the Plaintiff being moved from a prestigious alternative school where she could utilize her education specialty, to a regular school where her expertise was virtually worthless. Finally, to establish a prima facie case of retaliation, Plaintiff must establish a causal co