Full opinion text
MEMORANDUM DAVIS, District Judge. I. INTRODUCTION The plaintiff, Rita M. Church (“Church”), instituted this employment discrimination suit against her former employer, the State of Maryland (“the State”), where she worked for three years as a correctional officer, alleging hostile work environment/sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Church also joined as a defendant a former coworker, Ronald Baldwin (“Baldwin”). Church alleges that Baldwin violated her rights under several federal and state constitutional provisions, including: (1) her rights to free association, due process and equal protection, as guaranteed by the First and Fourteenth Amendments of the U.S. Constitution, in claims asserted pursuant to 42 U.S.C. § 1983; and (2) her right not to be subjected to gender-based discrimination as guaranteed by the Equal Rights Amendment of the Maryland Constitution. Church also asserted two state common law claims against Baldwin: (1) intentional infliction of emotional distress and (2) invasion of privacy. I granted, in substantial part, an earlier motion to dismiss filed by the State; discovery has been concluded. Now pending are separate motions for summary judgment filed by each defendant, which Church has opposed. I have given careful attention to the parties’ memoranda and exhibits, and a hearing is not needed. Local Rule 105.6. For the reasons explained below, even assuming the truth of Church’s uncorroborated testimony that Baldwin carried on an unrelenting two year campaign of sexual harassment against her, the record here establishes, as a matter of law under controlling Supreme Court and Fourth Circuit precedent, that Baldwin’s acts are not imputable to the State and that, in any event, the State has established, again as a matter of law, its affirmative defense of reasonable care to avoid harm to employees such as Church from harassment. Furthermore, because a final judgment “in favor of [Baldwin] for costs” was entered in a prior state court lawsuit filed by Church against Baldwin, her present claims against Baldwin are barred by the doctrine of claim preclusion. Accordingly, I shall grant the defendants’ motions for summary judgment and enter judgment in favor of defendants as to all remaining claims. II. SUMMARY JUDGMENT STANDARDS Pursuant to Fed.R.Civ.P. 56(c), summary judgment is appropriate “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.” Anderson v. Liberty Lobby Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material for purposes of summary judgment, if when applied to the substantive law, it affects the outcome of the litigation. Id. at 248, 106 S.Ct. 2505. Summary judgment is also appropriate when a party “fails to make a showing sufficient to establish the existence of an element essential to that party’s ease, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 817, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A party opposing a properly supported motion for summary judgment bears the burden of establishing the existence of a genuine issue of material fact. Anderson, 477 U.S. at 248-49, 106 S.Ct. 2505. “When a motion for summary judgment is made and supported as provided in [Rule 56], 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 affidavit or as otherwise provided in [Rule 56] must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e); see Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548; Anderson, 477 U.S. at 252, 106 S.Ct. 2505; Shealy v. Winston, 929 F.2d 1009, 1012 (4th Cir.1991). Of course, the facts, as well as justifiable inferences to be drawn therefrom, must be viewed in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The court, however, has an affirmative obligation to prevent factually unsupported claims and defenses from proceeding to trial. Felty v. Graves-Humphreys Co., 818 F.2d 1126, 1128 (4th Cir.1987). III. FACTS AND PROCEDURAL HISTORY In this section, I shall set forth, in unavoidable detail, the facts, viewed in the light most favorable to Church (the non-movant), out of which the claims in this case arise. I shall also describe the procedural history of the case and the related state court litigation. A. Church is Hired by the State In 1997, Church began her employment for the Maryland Department of Public Safety and Correctional Services. After completing her training to become a correctional officer at the Maryland Correctional Training Academy (“Academy”), in June 1997, Church was assigned to the Division of Pretrial Detention Services. Church Dep., May SO, 2001, at 9-14 (hereinafter Church Dep. I). While at the Academy, Church received training on the State’s sexual harassment policy, which included identifying on-the-job behavior that constitutes sexual harassment, and the procedure for filing complaints. Church Dep. I at 103-05, Ex. 2. Church testified that she did not receive a copy of the sexual harassment policy but she admitted that she was trained on the policy and on the reporting of sexual harassment. Id. at 104. Church seemed to suggest on deposition that the policy was not taken seriously; she claimed that “[the instructors] ... mentioned that the institution doesn’t do things by the book.” Id. at 105. The Division of Pretrial Detention Services has two pretrial detention facilities: the Baltimore Central Booking and Intake Center (“BCBIC”), located at 300 E. Madison Street in Baltimore, and the nearby Baltimore City Detention Center (“BCDC”), located at 401 E. Eager Street, formerly known as the Baltimore City Jail. BCDC is comprised of several housing units, located in separate buildings, identified as the Men’s Detention Center (“MDC”), the Women’s Detention Center (“WDC”), the O’Brien House, the Graves Street facility, the Annex building, the Jail Industries Building, and the Wyatt building. The MDC, the WDC, the Annex, and the Wyatt building may be accessed through the entrance at 401 E. Eager Street. The Jail Industries Building is located at 531 E. Madison Street. Church was initially assigned to the Jail Industries Building but was then transferred to the MDC, on the 11:00 p.m. to 7:00 a.m. shift. Church Dep. I at 16. Initially, at the MDC, Church did not receive “assignments” but rotated through different posts. Church Dep. I at 18-19. She was then assigned to Main Control, described as the central area through which civilians and officers enter the MDC, as a radio dispatcher. Id. at 19-20. The shift commander was Major Anthony Jordan and then Major Naomi Williams. Id. at 20. According to Church, defendant Baldwin, who is today a corrections lieutenant, but was in 1997 a sergeant, served as Church’s “immediate supervisor, performing [her] evaluations and generally serving in all respects as [her] ‘boss.’ ” Church Aff. ¶ 2; see Church Dep. I at 17, 21. (As discussed infra, section IV.A.2., the contention that Baldwin was Church’s supervisor is demonstrably untrue and must be rejected as a matter of law.) B. Church’s Work-Related Injuries Cause Her to Remain Off the Job for Extended Periods of Time On April 16, 1998, while working at the MDC, Church sustained a knee injury as the result of being hit with a hand truck being pushed by an inmate. Church Dep. I at 22-30. She re-injured her knee on July 2, 1998, in a second on-the-job mishap, which required her to undergo surgery. Id. at 31-33. According to her employee time records, Church took at least 72 days of accident leave as a result of her knee injuries, between November 18, 1998, and February 28, 1999. Moreover, by May 28, 1999, Church had exhausted her accrued sick leave, and by June 22, 1999, she had exhausted her personal, compensatory, and annual leave. Church received 50 days donated sick leave, which was used from July 3 through July 11, 1999; July 23 through September 7, 1999; and October 6 through October 19, 1999. After exhausting the donated leave, Church remained on leave without pay from October 20, 1999, until she returned to work on March 1, 2000. A recurring theme throughout the period of Church’s employment after her 1998 injuries centered on issues of leave, related medical issues and fitness for duty, worker’s compensation issues, work assignments and Church’s on-going grievances and appeals therefrom (at least one of which was successful), most if not all of which were related to the above issues. As addressed in greater detail infra sections III.G. and III.H., Church’s employment ultimately was terminated, inter alia, for her failure to document the legitimacy of her absences from work. C. Church is Victimized by Baldwin’s Harassing Behavior at Work According to Church, from the very commencement of her employment in 1997 through 1999, Baldwin carried out an unrelenting campaign of verbal and, on at least two or three occasions, physical, sexual harassment, on what she essentially describes as a daily basis. Whenever no witnesses were present, it seems, Baldwin would engage in graphically vulgar and grossly explicit sexual banter, consisting of propositions for sexual liaisons, threats of adverse consequences upon Church’s refusal, and related teasing and haranguing behavior. Baldwin first harassed Church in June 1997 in the MDC. Church Dep. I at 55; Church Aff. at ¶ 3. She and Baldwin were walking down the hall when he commented to Church that she had a “fat ass.” Church Dep. I at 55; Church Aff. at ¶ 3. In June 1997, Church was assigned to work in the Jail Industries Building and was not reassigned to the MDC until July 23, 1997. James Drewery, Security Chief, Aff, Attach. B (hereinafter Drewery Aff.). Church further testified that in June 1997 Baldwin, while walking with Church in the hallway, asked if he “could fuck [her] in the ass.” Church Dep. I at 59-60. In June and July 1997, Baldwin asked Church if he could “feel [her] left tittie” and see her “undergarments.” Id. at 61, 63-64, 66-67; Church Aff. at ¶ 3. Church testified that there were no witnesses to these interactions. Church Aff. at 119-21. Church also stated that she denied all of Baldwin’s requests and told him that she was going to report him. Id. at 67-68; Church Aff. at ¶ 3. Church testified that in September 1997, Baldwin asked her to go out on a date with him, but she rejected this offer. Id. ¶ 6; Church Dep. I at 131-32. Church also stated that Baldwin asked her to touch his genitals in September 1997. Church Dep. I at 134-35. Church further testified that in October 1997, Baldwin, while relating a story about his children carving a Halloween pumpkin, asked Church “what it would be like if [Church’s] tit were stuffed through the hole in the pumpkin and [Baldwin] licked it.” Church Aff. ¶ 6; Church Dep. I at 141. According to Church, “when [she] pleaded with him not to make remarks of that sort, he asserted, You’re going to give in one day’; when [she] again rebuffed him, he said ‘Everybody gives in, or they got shitty posts’ (referring to his authority to make shift and posting assignments).” Church Aff. ¶ 6. She testified that she became scared that Baldwin would try to rape her if given the opportunity. Id.; Church Dep. I at 143-44. According to Church, her fears that Baldwin would sexually assault her heightened in 1998 as Baldwin became more aggressive. Church Aff. ¶ 7. Church testified on deposition that, in January 1998, Baldwin would ask her if he could touch her breast and she would say no. Church Dep. I at 183. Baldwin also would say to her, “You’re going to go out with me,” to which she would respond in the negative, and then he would state that she was going to give in to his advances “sooner or later.” Id. at 182. Baldwin also told her, again, that he wanted to “fuck her in the ass.” Id. at 197. As a result of Church’s resistance to Baldwin, Church testified, Baldwin began to give her extra work, treat her “abruptly,” and to use a tone of voice towards her that she described as “yelling.” Id. at 183-84. In February 1998, Baldwin attempted to touch her left breast, and Church caught his hand and pushed him away. Id. at 198. Church further testified that, in March 1998, Baldwin made comments that female officers “have to fuck to keep their jobs.” Id. at 121-26. Church stated that Romeo Joyner witnessed this comment, id. at 121-23, but she has not submitted an affidavit from Joyner to support her opposition to the motions for summary judgment and, indeed, Joyner specifically denied on deposition that he ever witnessed or overheard any of the acts or statements attributed to Baldwin by Church. Joyner Dep. at 50-51. Church testified, further, that Baldwin attempted to touch her on two separate occasions, once in April 1998 and once in May 1998. Church Dep. I at 266-68. In April 1998, Baldwin asked if he could put his hands down Church’s pants and “touch her vagina”; when she refused, Baldwin said, “When are you going to let me fuck you?” to which Church replied, “Never.” Church Aff. ¶ 7; Church Dep. I at 233. In her affidavit, Church also claims that Baldwin grabbed her left breast, Church Aff. ¶ 7, and she testified on deposition that, in April 1998, Baldwin grabbed her buttocks. Church Dep. I at 269-70. According to Church, by late 1998, her “emotional revulsion to Baldwin and his advances had increasingly manifested itself into physical symptoms such as dizziness, light headedness, and nausea.” Church Ajf. ¶8. She testified that after Baldwin asked to touch her she felt sick, nauseated, and dizzy. Church Dep. I at 236; Church Dep. July 10, 2001, at 475 (hereinafter Church Dep. HD- Church developed a nervous habit of pulling her hair out. Church Ajf. ¶ 8. In early 1999, Church was referred to a psychiatrist and psychologist who treated her for depression and anxiety. Id. D. The Evidence Surrounding Church’s Assertion that She Reported the Harassment to Her Superiors in 1997 and Early 1999 Church testified that she reported the 1997 incidents of harassment to James Drewery, Security Chief, in June 1997, and that in August 1997 she prepared written grievances and reports of her interactions with Baldwin. She allegedly delivered these documents to a shift commander whose alleged signature appears on the documents. Church Dep. I at 58-60; 63-65, 84. The evidence that Church notified her superiors of Baldwin’s alleged harassment in 1997 is thoroughly undermined, however, as recounted herein. Church refers to James Drewery as Security Chief. Drewery was not appointed Security Chief, however, until May 13, 1998. Drewery Ajf., Attach. A, ¶ 2. Prior to this date, he served as a Shift Commander with the rank of Major. Id. ¶ 3. In August 1997, the Security Chief of the BCDC was Hakim M. Muhammad. Id. at Attach. B, ¶ 4. In any event, Church first alleges that she approached Drewery in June 1997 regarding Baldwin’s harassment and requested that she be referred to the Employee Assistance Program (“EAP”). Church Dep. I at 69-70. Further, Church testified, when she met with Drewery in June 1997, she related to him that she wanted to file a discrimination charge regarding Baldwin’s sexual harassment. Id. at 76. According to Church, Drewery attempted to dissuade her from doing so, responding that she should rethink this request as “sexual harassment is a serious charge” and that these alleged incidents amounted to a “he said, she said” situation in which she had no proof. Id.; Church Ajf. at ¶ 4. Church testified that Drewery refused to file a sexual harassment complaint, to report her allegations, or to take any corrective action. Church Dep. Ill at 295-96. As a result of Drewery’s alleged rebuffs, Church allegedly filed the August 16, 1997, grievance report. Id. The August 16 grievance states: Appealing the discussion [sic] of Chief of Security James Drewery on August 16, 1997. I ofc Rita M. Church stated to the Security Chief that Sgt Ronald Baldwin continuously [sic] sexually harassed me on the job[.] He stated my words against Sgt Ronald Baldwin.... Chief of Security discussion [sic] should be investigated and all monies should be returned to I ofc. Rita Church because money was taken unfairly. Drewery categorically denies that he had any such conversations with Church. (Church never adequately explained on deposition the reference to “money.” When she was asked what “monies” she was referring to, Church testified that after she complained to Drewery about Baldwin, she went to the dentist, and when she returned to work, “they began to pull [her] records in reference to my sick leave and started to harass me.” Church Dep. Ill at 291. Church further asserted that she “had time, ... sick time. I had annual leave days, I had P[ersonal] L[eave] days, and they had deducted monies from my paycheck.” Id. at 297. Trying to explain how she could complain about monies being taken in the August 16, 1997, grievance, even though she only went to the dentist after that date, Church testified that “they had taken money previously. This is a pattern of harassment.” Id. at 297-98. Upon further questioning, Church ultimately testified that the money was taken from her paycheck before she prepared the August 16 grievance. Id. at 299-304.) Also on August 16, 1997, Church completed a “matter of record” report. This report states: I ofc Rita M. Church was constantly sexually harassed by Sgt. Ronald Baldwin who on every chance he got ask [sic] if he could touch my breast and if he could fuck I ofc Church in my ass. Sgt Ronald Baldwin would constantly assign me to a post near him. I ofc Church informed the appointed [sic] authority James Drewery and C-shift Major Naomi White that I could not perform my duties effectively because of Sgt Ronald Baldwin intense sexual harassment. I state that he would try to touch me he would say you have to fuck to keep your job. I ofc Church rejected all advances. On the above date of 8-16-97 I by Sgt Ronald Baldwin on Main Control whom I worked around on many occasions [sic] ofc Rita M. Church complained to warden John Price about Sgt Ronald Baldwin who stated that he was investigating the incident after my complaint to Security Chief James Drewery who stated it was my word against Sgt Ronald Balding [sic] and that I ofc Rita M. Church had no proof of the allegations. As to this report, Church testified that she spoke to Drewery and C-shift Major Naomi White at various times in June, July, and August 1997. Church Dep., August 16, 2001, at 75-76 (hereinafter Church Dep. II). She further testified that she complained to Assistant Warden John Price before speaking to Drewery and to White, id. at 77, and met with him on August 15,1997. Id. at 83-84. Church also claimed, however, that in June, July, and August she told the Warden that she was being harassed and that the Warden told her that he would investigate. Id. at 77-78. The documentary record concerning Church’s alleged efforts to notify her superiors of the 1997 events is problematic, at best. Church produced two versions of the written grievance — one dated August 28, 1997, and one dated August 16, 1997. According to Church, the August 28 grievance is a re-creation of the original grievance which she wrote in August 1997, Church Dep. I at 257-59, which Church allegedly reproduced in August 1998. The August 16,1997, report is the original one. Church Dep. II at 60. The August 28 version states that she spoke to Drewery about Baldwin on August 28, 1997, Church Dep. I at 260, although she now claims that the original grievance was written on August 16, 1997. Church testified that she recreated the August 28, 1997, grievance in August 1998 “[t]o get a recollection of exactly what had happened.” Id. at 259. When asked why, she responded “why not?” Id. Church testified that she wrote the original grievance on August 16, 1997, during a break in her shift, and then presented the grievance to Captain Bernard Young, who signed the grievance in her presence and presented her with a copy. Church Dep. II at 60-65. Church’s time records for 1997 demonstrate, however, that Church did not work on August 15, 16, and 17, 1997, Delores C. Jackson Aff., Attach. A, and Captain Young’s post assignments and time record show that he did not work on August 15 and 16, 1997. See Bernard Young Aff., Ex. B, ¶ 6. Church insisted, however, that she worked on both the 15th and the 16th. Church Dep. II at 81-84. Young, now retired, states under oath that he never received any grievance from Church regarding sexual harassment, Bernard Young Aff. ¶ 4, and that the purported signature on the form is not his signature. Id. He further explains that a “matter of record” would be assigned a control number and would be immediately forwarded to his superior. Id. at ¶¶ 8, 9. Finally, Young would not have had authority to review a complaint about the acts or omission of the Security Chief. Id. Church testified that she again met with Drewery about the sexual harassment in May 1999. Church Dep. I at 105. She stated that she “[v]erbally complained constantly on a continuous basis” to Drewery in May 1999 and to Major Naomi Williams in 1999. Id. at 105-09. However, Williams was unable to meet with her as Williams “had to pick up her sister and didn’t have time to listen.” Id. at 108. Church also attempted to meet with Warden Roland Merritt in 1999, but he declined to meet with her. Id. 107, 109. According to Church, Assistant Warden John Price also rebuffed her efforts to discuss the harassment and he declined to meet with Church in May 1999 because he “stated he was having some work done on his office, and couldn’t see me.” Id. at 111. Church admitted that she never actually met with any of these managers except Drewery. Id. at 108-11. E. Church Allegedly Receives a Harassing Letter and Tape Recording at Her Home from Baldwin As mentioned, Church went out on leave in 1999. Church Dep. Ill at 476. In or about July 1999, while Church was out on leave, she allegedly received an audio tape cassette and a letter, which arrived at her residence in a brown envelope with drawn-in hearts on it. Church Aff. ¶ 12; Church Dep. Ill at 478-79. According to Church, the envelope was addressed to her, and it was a departmental envelope from her Division. Church Dep. Ill at 480. The letter was addressed to “Mysterious Lady”; it was signed from “Taz” but did not specifically address Church by name. Id. at 485-86, 488. Church testified that the tape contained references to anal intercourse and her left “tittie.” Id. at 487-89, 492. On deposition, Church stated that she knew the voice on the tape was Baldwin’s and that he stated his name on the tape and the name Taz — according to Church, was his nickname at the jail. Id. at 487-88. Church also produced a get well card that she stated was mailed to her. The card was addressed to “Ms. Church” and was from “Baldwin”; it referenced the tape and the letter. Church Aff. ¶ 12. Church stated in her affidavit that, when she received these documents at her home, she “realized there was virtually no place to which [she] could retreat from [Baldwin’s] improper advances.” Id. On deposition, Baldwin admitted (as he had admitted during the 1999 internal investigation of Church’s harassment complaints, discussed infra) that he wrote the letter and created the audio tape. He testified that he was attempting to establish a romantic relationship with another correctional officer — Shirley Carroll — and that he had prepared the material for Carroll (the “Mysterious Lady”). Baldwin testified that in the summer of 1998, he had brought the material to the workplace in his lunch bag, apparently intending to show the letter to, and play the tape for, Carroll, and then to destroy them. He discovered that they had been removed from his bag by an unknown person; he failed to report the theft because he was embarrassed. In short, Baldwin emphatically denied sending the letter (which, in striking contrast to the vulgarities attributed to Baldwin by Church, contained no graphically sexual language) and tape to Church. Baldwin also emphatically denied that he wrote the card signed “Baldwin” and which mentioned Church by name. (Church retained a “questioned document examiner” who issued a conclusory report opining that the letter and thank you card were written by Baldwin. While the question of whether Baldwin authored the thank you card is immaterial in the view that I take of the case, based on the expert report submitted by Church with her opposition, it would be surprising if this evidence were admitted at trial. See generally United States v. Saelee, 162 F.Supp.2d 1097 ( D.Alaska 2001).) Church says she called Drewery to discuss the matter but that she was told that he was unavailable. Church Dep. III at 495. She also called Commissioner La-Mont Flanagan’s office but he was also unavailable. Id. at 495-96. Church told Flanagan’s secretary about the tape and letter and related to her “in detail” the contents of the tape and letter, including that they stated that Baldwin wanted to have sex with her. Id. at 496-98. F. Church Files a Formal EEOC Charge and the State Immediately Investigates Her Allegations and Finds Her Allegations Against Baldwin Not Proven In the spring and summer of 1999, Church’s on-going disputes over leave, work assignments and grievances related thereto prompted her to write long, rambling complaint letters to a variety of public officials, including the Secretary of the Department, the Governor of Maryland and United States Senators representing Maryland, and others. On or about August 13, 1999, she also wrote a letter (quoted infra) to the Equal Employment Opportunity Commission (“EEOC”). On August 16, 1999, Vivian Ferebee, Director of the Minority Business Enterprise/Equal Employment Opportunity Division of the Department of Public Safety and Correctional Services, assigned fair practices investigator Gregory Roberts to investigate two complaints dated May 25, 1999, and May 26, 1999, which Church had filed regarding Drewery and Williams. Dep. of Vivian Ferebee, at 17-18 (hereinafter Fer-ebee Dep.)-, Church Ajf. ¶ 18; Roberts Dep. Ex. 1 (investigative report). These complaints did not remotely focus on (or even mention) alleged sexual harassment; rather, they were concerned with “unfair labor practices” related to leave (and medical documentation for same) and undesirable work assignments ordered by Major Williams. Ferebee Dep. at 18; Roberts Dep. Ex. 1 (investigative report); Church Aff. ¶ 18 (stating that Roberts did not learn of the sexual harassment claim until meeting with Church). According to Ferebee, the first that any superior within the Department of Public Safety and Correctional Services learned of the sexual harassment allegations against Baldwin was September 10, 1999, when Church faxed to Roberts a copy of the August 13, 1999, letter to the EEOC and a copy of the “Mysterious Lady” letter, among other items. Ferebee Dep. at 15; Aff. of Vivian Ferebee, Attach. A (hereinafter Ferebee Ajf.). In the August 13, 1999, letter (which was signed “under penalties of perjury”), Church stated that she has “not complained to [her] supervisors at the Detention Center about Sgt. Baldwin’s conduct, because he is my immediate supervisor and has been employed at the Detention Center for many, many years.” (Emphasis added). She also stated that she had not “pursued an internal grievance concerning [her] sexual harassment because [she] believ[ed] it [was] pointless, given Sgt. Baldwin’s power base in the Detention Center Administration.” (Emphasis added). In any event, on October 1, 1999, Roberts interviewed Church with her attorney present. Church advised Roberts that she was not interested in pursuing the complaints against Drewery and Williams and instead wished him to pursue the sexual harassment complaint against Baldwin. According to Church, when she met with Roberts and he learned of Baldwin’s conduct, he “chuckled.” Church Aff. ¶ 18. Church states that Roberts told her that he has known Baldwin for years and commented to Church that Baldwin “was up to his old tricks.” Id. (internal quotation marks omitted). Roberts interviewed Baldwin on October 4, 1999. Roberts testified that he played the tape, showed Baldwin the letter, and asked him about the allegations of sexual harassment. Roberts Dep. at 47-48. As mentioned, Baldwin admitted making the tape and the letter but denied sending them to Church. Id. at 47, Ex. 1 (investigative report); Dep. of Ronald Baldwin at 18-22 (hereinafter Baldwin Dep.). As described above, Baldwin asserted that the tape and the letter were stolen from his possession. Roberts Dep. at 47. Absent any corroborating evidence that Baldwin had sent the items to Church, Roberts concluded that there was no “conclusive evidence” that Church had been sexually harassed as alleged. Id. Ex. 1 (investigative report). Roberts submitted his report to his supervisor, Ferebee. Ferebee Dep. at 33. As a result of the investigation, Assistant Commissioner Sizelove issued Baldwin a letter of counseling on October 22, 1999, and transferred him to BCBIC. Ferebee Dep., Ex. 10. On October 27, 1999, Church filed a formal charge of discrimination with the EEOC claiming gender-based discrimination, sexual harassment and related retaliation by her employer. Meanwhile, in a letter dated November 1, 1999, Ferebee notified Church that based upon Roberts’s investigation there was no “conclusive evidence” that she experienced sexual harassment in the manner alleged. The letter stated in part: Based upon the investigation there is no conclusive evidence that you experienced sexual harassment in the manner alleged. The evidence is clear by Sgt. Baldwin’s admission that the materials belonged to him and were stolen from his possession. There is no conclusive evidence that this is not true and that he gave them or sent them to you. There is also no conclusive evidence that any of this occurred in the workplace. You have not alleged any other actions taken by Sgt. Baldwin on the job. There is also no conclusive evidence that you experienced stress around Sgt. Baldwin, since your complaint against Major Williams was in objection to being moved from the area where you worked so closely with Sgt. Baldwin. In addition, it was immediately after the change of assignment initiated by Major Williams that you went out on sick leave and have not returned. Ferebee Dep., Ex. 3. However, Ferebee told Church that to provide Church with an opportunity to return to work, Baldwin was transferred to BCBIC and assigned to a different shift. Id. Church was notified of her ability to appeal this decision to the Office of Personnel Services and Benefits, Employee Relations Division, Department of Budget and Management. Id. Church was enormously displeased with the outcome of the investigation, as she stated in her affidavit: I was enraged when I later discovered Investigator Roberts’ proposed solution would simply be to banish me to another part of the facility, leaving ... Baldwin in the same position of authority on the same “turf’ he had always occupied. I was even more enraged when I discovered that — as Security Chief Drewery had predicted all along — Investigator Roberts concluded (and his superior, Vivian Ferebee had affirmed) that, because Baldwin denied sexually harassing me, it would simply be impossible to get to the bottom of the matter. Church Aff. ¶ 18. G. Church Files Suit Against Baldwin in State .Court and the Case is “Dismissed With Prejudice” and Judgment is Entered in Favor or Baldwin On January 3, 2000, Church filed a pro se claim in the District Court of Maryland for Baltimore City against Baldwin seeking $25,000 damages. See Mem. of Law in Supp. of State Def’s Mot. for Summ. J., Ex. 8. The complaint alleged gender-based discrimination, sexual harassment, and retaliation by her employer, but Church’s employer is not named as a defendant. Baldwin retained private counsel and upon his request for a jury trial, the case was transferred to the Circuit Court for Baltimore City. A scheduling order was promptly issued and trial was scheduled for October 12, 2000. On September 21, 2000, Baldwin filed a timely motion for summary judgment, arguing that summary judgment should be granted in his favor because he could not be held liable individually for violations of Title VII. On October 11, 2000, Church mailed a letter to the circuit court requesting a stay or that the case be dismissed without prejudice. She asserted that the EEOC would be issuing a right to sue letter and Church intended to file suit against defendant in federal court. There is no dispute that Church had retained her present counsel at the time the pro se case was scheduled for trial in state court and that counsel knew about the scheduled trial; indeed, he advised her not to go forward with the state court action. See Mem. in Supp. of PI. ’s Resp. to State Defs. ’ Mot. for Summ. J. at 5. Nevertheless, her attorney had not been retained to represent her in the state court case and he never entered his appearance in that proceeding. On October 12, 2000, Baldwin filed his opposition to Church’s request to stay or to dismiss without prejudice, again arguing vigorously in support of summary judgment and against the request for a postponement. When Church failed to appear in court on October 12, 2000, the circuit court judge denied Church’s request to stay or to dismiss without prejudice, granted Baldwin’s motion for summary judgment, and dismissed the case “with prejudice.” The docket entry reads “judgment in favor of defendant for costs.” Church filed a motion to alter judgment. On February 5, 2001, the circuit court denied Church’s motion to alter judgment. (Church also caused the State’s Attorney for Baltimore City to institute criminal charges against Baldwin in 1999 for indecent exposure and related offenses. Allegedly, Baldwin had exposed himself in the course of his harassment of Church. Baldwin was found not guilty.). H. Church’s Employment is Terminated After a ten-month absence, Church returned to work at the BCDC on March 1, 2000. Church Dep. II, Ex. 37. Even though Baldwin had been transferred, Church testified he was still harassing her in April 2000 when they sometimes met in passing. Church Dep. Ill at 338-40. Church explained how this was possible despite working in different centers: “On several occasions, [Baldwin] would be transporting inmates from central booking down through the tunnel over to WDC [ (where Church was working) ], and he was spotted by [her] on several occasions even though [she] was way down the hall somewhere or passing through.” Id. at 338-39. On April 17, 2000, Church was transferred from the WDC to the MDC. Aff. of Lamont W. Flanagan, Attach. B (hereinafter Flanagan Aff.). Church testified that she was transferred because of her “being sexually harassed by Sgt. Baldwin and [she] worked at WDC, his job was to transfer inmates from central booking through the tunnel, which means he had to come through WDC where [she] was working to bring them to main control ....” Church Dep. Ill at 342. Sometime after that, in April 2000, Church again went out on leave. Id. at 336-38. On deposition, she stated that because of stress, she went out on leave under the “Medical Family Leave Act of 1993.” Id. at 338. Specifically, Church was on sick leave, due to stress, from April 17, 2000, until April 28, 2000. Flanagan Aff. ¶ 6. On April 19, 2000, Church met with her psychotherapist, Janice Levitt, and her psychiatrist, Dr. Diane Gutterman. Church Dep. II, Exs. 37, 38. Levitt wrote a letter (also referred to as a medical certificate) on that date to Church’s employer stating that she recommends that Church return to work when “she is secure at a work site without further harassment” and “that it would be in her best interest to return to work as soon as possible, but at the appropriate setting, so that there is a reduction in her anxiety.” Id. Ex. 38; Flanagan Aff. ¶ 6, Attach. C. Gutterman also wrote a letter/medical certificate to Church’s employer on April 19, 2000, stating that Church was distressed due to the events with Baldwin, that Church was not provided a safe working environment to return to, and that she recommends that Church not be permitted to return to work until further evaluations had been made. Church Dep. II, Ex. 37; Flanagan Aff. ¶ 6, Attach. C. Levitt wrote an additional letter/medical certificate on April 20, 2000, stating that she “suggests] that Church does not return to work because of Post Traumatic Stress Disorder that has reoccurred because of her employers. However, the sooner she can be transferred to the Baltimore Pre-Release Unit the better I would anticipate her recovery.” Church Dep. II, Ex. 39; Flanagan Aff. ¶ 6, Attach. C. Church submitted these letters/medical certificates to her employer. Church Dep. II, Exs. 37, 38, 39; Flanagan Aff. ¶ 6. On April 28, 2000, Assistant Commissioner Sizelove met with Church and requested that she sign a release so that the Division could verify the medical documentation from Levitt. Flanagan Aff., Attach. D. Sizelove also explained that Gutterman “had certified the document from her dated April 19, 2000, without requiring a release. [Church] then refused, before a witness, to sign the release.” Id. By memo dated May 1, 2000, Church was instructed to sign the release agreement. Id. She refused to sign. Id. By letter dated April 28, 2000, Church was directed to submit task analyses from Levitt and Gutterman certifying that she was fit to return to duty with no restrictions. Id. ¶ 6, Attach. E. From April 29, 2000, through May 1, 2000, Church was permitted to use three days administrative leave. Id. ¶ 6. As of May 2, 2000, Church went on leave without pay status. Id. On May 8, 2000, Church submitted a task analysis from Levitt, dated May 4, 2000, which indicated that Church was unable to use a firearm due to depression, anger, and elevated anxiety. Id. at Attach. F. She also submitted a task analysis from Gutterman, dated May 5, 2000, that likewise indicated that she was unable to use a firearm due to “emotional reasons.” Id. In a letter dated May 11, 2000, Sizelove notified Church that as she could not use a firearm, a task critical to her job, she would have to stay on sick leave. Id. at Attach. G. The letter asked that Church provide, by May 19, 2000, medical certificates establishing her prognosis regarding her ability to return to work. Id. This letter was sent by certified mail and was returned unclaimed. Id. Church, however, did provide a copy of a medial certificate written by Levitt dated May 26, 2000. The certificate stated: “I do not believe that she is recovered enough at this time to use a firearm. She reports tension at the work site that in fact hinders her full recovery.” Id. at Attach. H. In a letter dated June 6, 2000, Sizelove directed Church to provide by June 12, 2000 “original documentation from Janice Levitt regarding a prognosis for your condition” and documentation from Dr. Gutterman regarding a prognosis for Church’s condition. Id. at Attach. I. Church failed to meet this deadline. Id. In a letter dated August 22, 2000, Fere-bee notified Church’s attorney that, as Church had not yet provided the requested medical documentation regarding her prognosis and estimated return to work date, “the Division must refer her to the State Medical Director for evaluation of her ability to perform safely the essential functions of her position.” Id. at Attach. J. On September 6, 2000, Ferebee sent Church’s attorney and Church a second letter extending the deadline to return the necessary documentation for the medical evaluation, which was included in the August 22, 2000, letter, as Church was not sent that first letter. Id. By letter dated September 13, 2000, Assistant Attorney General Michele J. McDonald directed Church’s attorney that Church must complete the forms necessary for a medical evaluation to determine her ability to perform the essential job functions. Id. at Attach. L. Church does not dispute that neither she nor her attorney responded with the proper documentation. Id. By letter dated October 4, 2000, addressed to Ferebee, Levitt indicated that Church related to her that Church self-reported that she trusts in her ability to carry a firearm. Id. at Attach. M. The letter also states that Levitt believed that Church had improved significantly and “as self reported” is ready to return to work “as previously agreed upon to the Baltimore Pre-Release Unit .... Returning to work at this site does not threaten her personal nor professional security.” Id. The letter did not indicate that she could return to the MDC, however. Id. In a letter dated October 19, 2000, Flanagan ordered Church, once again, to complete the medical evaluation documents and to return them to his office by October 27, 2000, so as to schedule an examination by the State Medical Director. Id. ¶ 8, Attach. N. This letter was sent by certified mail to Church and copied to her attorney, but was returned to sender marked “won’t sign.” Id. Church does not dispute that she did not comply with this order. Id. ¶ 9. In a letter dated October 81, 2000, sent by certified mail to Church and faxed to her attorney, Flanagan requested that Church attend a mitigation conference on November 8, 2000, concerning her failure to submit to a medical examination. Id. ¶ 10. The letter was returned to sender. Id. ¶ 10, Attach. O. Church does not dispute that she did not attend this conference. Id. Based on Church’s repeated failures to provide original documentation concerning her inability to work, her continual refusal to accept mail, certified mail, and federal express instructions and communications from her employer, her failure to complete the paperwork necessary to schedule an examination by the State Medical Director, her insubordination by disobeying a direct order of the Commissioner, and her overall employment, attendance, disciplinary, and work history, Commissioner Flanagan recommended her termination to Secretary Stuart O. Simms. Id. ¶¶ 12, 13. Secretary Simms ratified the termination by signing and dating the notice of disciplinary action on November 22, 2000. Id. ¶ 14, Attach. P. The notice of termination specifies that reasons for termination were: (1) violating lawful orders; (2) engaging in conduct that has a nexus with an identifiable detriment to the state; (3) preventing employer from ascertaining whether employed is qualified; (4) failing to submit original medical certificate; (5) engaging in conduct unbecoming an officer; (6) failing to obey lawful order; (7) acting insu-bordinately; and (8) agency has discretion to impose necessary discipline. Id, Attach. P. Church contends that she was fired in November 2000 on the grounds of submitting insufficient documentation “to support the stress leave necessitated by ... Baldwin’s misconduct.” Church Aff. ¶ 19. Church adds that long before November 2000, “the Division of Corrections had improperly stopped paying [her] or maintaining [her] insurance, which they permitted to lapse without issuance of a COBRA letter or other formality. Meanwhile, it is [her] understanding ... [that Baldwin] has been promoted to Lieutenant, and remains an officer in good standing despite his having apparently perjured himself in his deposition in this case.” Id In the meantime, the EEOC had issued a determination on May 30, 2000, which recited that the State of Maryland did violate Title VII of the Civil Rights Act, in that it failed to act on Charging Party’s reports of sexual harassment and that it did not take immediate and appropriate corrective action. The evidence also shows that Respondent had knowledge of the harassment sustained by Charging Party but failed to exercise reasonable care, to eliminate the harassment from continuing. The evidence further shows that Charging Party was subjected to a hostile work environment because of her sex, female. The evidence reveals there is a reasonable cause to believe that Respondent has violated Title VII of the Civil Rights Act, as amended. Complaint, Ex. A. The EEOC recommended that the parties “join with it in a collective effort toward resolution ... through the process of conciliation.” Id. However, conciliation was unsuccessful. Id On August 1, 2000, the United States Department of Justice, Civil Rights Division, notified Church of her right to sue under Title VII, and this case was timely filed. Id IV. ANALYSIS A. Title VII Harassment Claim To prevail on a Title VII hostile work environment claim, the plaintiff must establish four elements: (1) unwelcome conduct, (2) based on [plaintiffs] gender, (3) sufficiently pervasive or severe to alter the conditions of employment and to create a hostile work environment, and (4) some basis for imputing liability to [defendant]. Matvia v. Bald Head Island Mgmt., Inc., 259 F.3d 261, 266 (4th Cir.2001) (citing Smith v. First Union Nat’l Bank, 202 F.3d 234, 241 (4th Cir.2000)). The State asks the court to assume for the purposes of its motion, based on plaintiffs deposition testimony, that plaintiff can establish the first three elements of the claim and argues that, nonetheless, it is entitled to summary judgment as plaintiff cannot establish the fourth element of her claim. The evaluation of whether the harassing conduct is imputable to the State is controlled by Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), and Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998). The Supreme Court held that, under the “aided-by-agency” principle, regardless of the presence of an adverse tangible employment action (described as a significant change in employment status such as discharge, demotion, or undesirable reassignment), “[a]n employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee.” Ellerth, 524 U.S. at 765, 118 S.Ct. 2257; Faragher, 524 U.S. at 807, 118 S.Ct. 2275. It is important to note that the language is “only ‘subject to,’ not ‘automatically liable,’ because not all harassment even by supervisory personnel is necessarily aided by the agency relation.” Mikels v. Durham, 183 F.3d 323, 331 (4th Cir.1999) (citing Ellerth, 524 U.S. at 765, 118 S.Ct. 2257; Faragher, 524 U.S. at 807, 118 S.Ct. 2275). The Fourth Circuit further explained: The fundamental determinant of this form of vicarious liability is not, therefore, the harasser’s formal rank vis-a-vis that of the victim in the particular employment hierarchy, though that is of critical and sometimes decisive eviden-tiary importance, but whether the particular conduct was “aided by the agency relation.” Id. at 332 (citations omitted); Jaudon v. Elder Health Inc., 125 F.Supp.2d 153, 161 (D.Md.2000); see also Spriggs v. Diamond Auto Glass, 242 F.3d 179, 186 (4th Cir.2001) (“[T]here must be some basis in law for imputing the acts of the supervisor to the employer.”). Moreover, any harassing conduct that amounts to a tangible employment action against the victim is necessarily conduct aided by the agency relation because “it can only be taken by supervisory employees empowered by their employers to take such action.” Mikels, 183 F.3d at 332 (citing Ellerth, 524 U.S. at 762, 118 S.Ct. 2257); Spriggs, 242 F.3d at 186; Jaudon, 125 F.Supp.2d at 161. Under the last circumstance, the employer’s liability is absolute. Mikels, 183 F.3d at 332. If no adverse tangible employment action resulted from the harassment, then the employer may assert an affirmative defense by proving, by a preponderance of evidence, that (1) the employer exercised reasonable care to prevent and to correct promptly any sexually harassing behavior, and (2) the plaintiff employee unreasonably faded to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm. Faragher, 524 U.S. at 807, 118 S.Ct. 2275; Ellerth, 524 U.S. at 765, 118 S.Ct. 2257. For this affirmative defense to be applicable, “it can only arise from the conduct of an employer having some measure of supervisory authority over the victim; it cannot arise from the conduct of a mere co-worker, one with no authority.” Mikels, 183 F.3d at 332. Therefore, in instances where there is no tangible employment action but the harasser has some measure of supervisory authority over the victim, the liability of the employer is not absolute as it is subject to the affirmative defense. Id. The relationship between the employer and the harasser employee is still subject to an “aided by the agency relation” determination considering “other features of the employment relations between the harasser, victim, and employer and the particular circumstances of its occurrence.” Id. Finally, if it is determined that the harasser does not fit under the above two categories, in that he has no authority of any kind over the victim, then he is determined to be a co-worker. Id. A negligence theory is applied in such a case. Jaudon, 125 F.Supp.2d at 161. The employer is only directly liable in such a case if the employer fails “after, actual or constructive notice, to take prompt and adequate action to stop [the harassment].” Id. (quoting Mikels, 183 F.3d at 332) (alteration in original) (internal quotation marks omitted). 1. Church Suffered No Tangible Adverse Employment Action Causally Related to Sexual Harassment Thus, in the case at bar, the threshold question is whether “the harassment ‘culminated in a tangible employment action,’ such as termination.” Jaudon, 125 F.Supp.2d at 161. If so, as stated supra, “the employer’s absolute vicarious liability is established without the need to determine, as a factual matter, whether the harasser was aided by the agency relationship.” Id. (citing Faragher, 524 U.S. at 807-08, 118 S.Ct. 2275; Mikels, 183 F.3d at 332). The Supreme Court explained a tangible employment action as follows: A tangible employment action constitutes a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing significant change in benefits .... When a supervisor makes a tangible employment decision, there is assurance the injury could not have been inflicted absent the agency relation. A tangible employment action in most cases inflicts direct economic harm. As a general proposition, only a supervisor, or other person acting with the authority of the company, can cause this sort of injury. A co-worker can break a co-worker’s arm as easily as a supervisor, and anyone who has regular contact with an employee can inflict psychological injuries by his or her offensive conduct.... But one co-worker (absent some elaborate scheme) cannot dock another’s pay, nor can one co-worker demote another. Tangible employment actions fall within the special province of the supervisor. The supervisor has been empowered by the company as a distinct class of agent to make economic decisions affecting other employees under his or her control. Tangible employment actions are the means by which the supervisor brings the official power of the enterprise to bear on subordinates. A tangible employment decision requires an official act of the enterprise, a company act. The decision in most cases is documented in official company records, and may be subject to review by higher level supervisors .... For these reasons, a tangible employment action taken by the supervisor become for Title VII purposes the act of the employer. Whatever the exact contours of the aided in the agency relation standard, its requirements will always be met when a supervisor takes a tangible employment action against a subordinate. In that instance, it would be implausible to interpret agency principles to allow an employer to escape liability. Ellerth, 524 U.S. at 761-63, 118 S.Ct. 2257 (emphasis added) (internal citations omitted). The court in Jaudon explained: [T]o establish that the harassment ‘culminated’ in a tangible employment action, plaintiff must establish a causal connection between the harassment and the action- Intervening circumstances may serve to break the causal connection between the two. Jaudon, 125 F.Supp.2d at 161(citing Johnson v. West, 218 F.3d 725, 731 (7th Cir. 2000); Burrell v. Star Nursery, Inc., 170 F.3d 951, 956 (9th Cir.1999); Fierro v. Saks Fifth Avenue, 13 F.Supp.2d 481, 491 (S.D.N.Y.1998)). The Fourth Circuit has explained that the tangible employment action must be taken for a discriminatory reason. Lissau v. Southern Food Serv., Inc., 159 F.3d 177, 182 (4th Cir.1998); see also Ellerth, 524 U.S. at 753-54, 118 S.Ct. 2257 (“When a plaintiff proves that a tangible employment action resulted from a refusal to submit to a supervisor’s sexual demands, he or she establishes that the employment decision itself constitutes a change in the terms and conditions of employment that is actionable under Title VII.”); Spriggs, 242 F.3d at 186 (same). In her amended complaint, Church alleges that she was subject to “adverse personnel actions prompted ... by her refusal to submit to Sgt. Baldwin’s advances,” Am. Compl. ¶ 15, including a reprimand for abusing sick leave in June 1999, “stopping her wages, withholding her insurance benefits and ultimately firing her.” Id.; PL’s Answer to Interrog. No. 10. Analysis of the summary judgment record shows that Church has utterly failed to support her bald allegations with substantial evidence. i. Reprimand The State first contends that plaintiffs reliance on the June 1999 reprimand is misplaced as it does not constitute a tangible employment action within the contemplation of Faragher and Ellerth, supra. I agree with the State on this point. Such a reprimand simply does not implicate a significant change in employment status, particularly as the reprimand in question was rescinded by hearing officer, James Berger, who directed that Church’s leave be restored. Dep. of John Price at 16-17; Roberts Dep., Ex. 1. More importantly, the reprimand was not a result of Baldwin’s sexual harassment of Church and was not done at the hands of Baldwin, the alleged harasser. ii. Suspension of Wages Church’s claim that the State’s suspension of her wages amounts to a tangible employment action resulting from the sexual harassment also fails. Any wage loss was not a result of sexual harassment as there were dispositive intervening circumstances, and the wage loss cannot be tied to the harassment. Cf. Murray v. Chicago Transit Auth., 252 F.3d 880, 888 (7th Cir.2001) (determining that the plaintiff failed to establish a tangible employment action because she could not tie the actions to the alleged sexual harassment). Church ceased to receive wages and benefits after May 2, 2000, because she failed to provide medical documentation that would authorize her use of accrued sick leave, thereby entitling her to receive wages and benefits. See supra. According to Maryland’s State Personnel and Pensions Code § 9-504, the use of sick leave for “5 or more consecutive workdays for personal illness or disability ... may not receive payment under this subtitle unless the employee gives the employee’s immediate supervisor an original certificate of illness or disability.” Md. Code Ann., State PeRS. & Pens. § 9-504 (1997). As explained at length supra, after May 2, 2000, Church was placed on leave without pay pending her submission of original medical certificates that included the required prognosis. See § 9-504(c) (“The certificate required under subsection (a) of this section due to an employee’s illness or disability shall include a prognosis about the employee’s ability to return to work.”). Church did provide the requested task analyses on May 8, 2000, indicating that she was unable to carry a firearm; however, these documents did not indicate how long Church would be unable to carry a firearm and whether she would be able to meet this essential job function. By certified letter dated May 11, 2000, Assistant Commissioner Sizelove instructed Church to submit original medical certificates that included a prognosis about her expected ability to return to work. The letter was returned unclaimed. On May 29, 2000, Sizelove received a facsimile from Janice Levitt stating that Church should still not be permitted to use a firearm. Sizelove subsequently directed Church to provide original documentation from both of her health care providers addressing her expected ability to return to work. Plaintiff simply did not respond. Therefore, it is clear that the harassment did not culminate in the loss of wages in light of the multitude of intervening circumstances. Church’s loss of pay was not proximately caused by Baldwin’s harassment. Rather, Church was on leave without pay status because she repeatedly failed to provide the required documentation that would have entitled her to continue to use sick leave. The State points out that, as of May 2, 2000, Church had exhausted all of her sick leave, 20.7 hours, that she had accrued since returning to work on March 1, 2000. Dep. of Delores C. Jackson (fiscal accounts clerk manager and supervisor of the payroll department of DPDS). Church was granted three days of administrative leave to cover her absence from April 29 through May 1, 2000, while she obtained the necessary documentation. She exhausted this leave. As of May 2, 2000, Church did have 6.5 hours remaining of accrued annual leave and 8.0 hours remaining personal leave, which may also be used to cover an absence for medical reasons when sick leave has been exhausted. In this case, however, Church did not submit original medical documentation that would have entitled her to take sick leave and had not complied with Sizelove’s instruction to obtain the necessary medical documentation, which resulted in her status without pay. In the fall of 1999, Church did not have sufficient leave to cover her absences. The Department granted Church 576 hours (72 days) of sick accident leave between November 18, 1998 and February 28, 1999, which was not deducted from Church’s accrued sick leave. Dep. of Delores C. Jackson. However, Church exhausted her accrued sick leave on May 28, 1999, and remained absent on leave without pay. Id. Church received a total of 400 hours donated sick leave from July 3, 1999, to September 7,1999, and again from October 6, 1999, to October 19, 1999. Id. Thereafter, Church was on leave without pay from October 20, 1999 to March 1, 2000. Id. Again, this instance of loss wages was not a result of the harassment and cannot be tied to the harassment. Church simply did not have sufficient leave to cover her extended and frequent absences. iii. Termination The State concedes that termination constitutes a tangible employment action. However, it correctly argues that, as a matter of law, Commissioner Flanagan did not terminate Church as a direct result of Church’s refusal of Baldwin’s advances and therefore the termination does not amount to an adverse tangible employment action that imputes the harassment to the State. Rather, according to the unrebutted Flanagan affidavit and its supporting exhibits, Flanagan acted in accordance with the disciplinary provisions of § 11-106 of the Annotated Code of Maryland, State Personnel and Pensions. The relevan