Full opinion text
OPINION and ORDER KIMBA M. WOOD, District Judge. Plaintiff Michael Senno (“Plaintiff’) brings this action pursuant to Title VII, 42 U.S.C. § 2000e et seq., against Defendants Elmsford Union Free School District (the “District”); Carol Franks-Randall, individually (“Dr. Franks-Randall”); Betty Funny-Crosby, individually (“Ms. Funny-Crosby”), Matthew R.C. Evans, individually (“Mr. Evans”); and Debra B. Lawrence, individually (“Ms. Lawrence”) (collectively, the “Defendants”). Plaintiff alleges that Defendants collectively violated his rights under Title VII by engaging in gender discrimination, and retaliation for Plaintiffs filing of a complaint with the Equal Employment Opportunity Commission (“EEOC”). Defendants move, pursuant to Rule 56 of the Federal Rules of Civil Procedure (“Rule 56”), for summary judgment dismissing the complaint. For the reasons stated below, Defendants’ motion is GRANTED in part and DENIED in part, as to the District; and GRANTED as to the individual Defendants. I. BACKGROUND A. Factual Background 1. Parties Unless otherwise noted, the following facts are undisputed and are derived from the parties’ Local Civil Rule 56.1 statements, affidavits, and other submissions. The Court construes all evidence in the light most favorable to the non-moving party and draws all inferences in the non-moving party’s favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Plaintiff is the former Deputy Superintendent for the District (Defendants’ Local Civil Rule 56.1 Stmt, (hereinafter “Defs.’ 56.1 Stmt.”) ¶ 19.) He was appointed to that role in 2005, having previously served as an Assistant Superintendent for Business Affairs for the District since 1993. (Id. ¶¶ 1, 17.) He received tenure in approximately 1994. (Id. ¶ 2.) He was also the District Clerk until January 2008, and was appointed a sexual harassment officer for the District in 2005. (Id. ¶¶ 14, 15.) He occupied the role of Deputy Superintendent until disciplinary charges were issued against him in February 2008, at which time he was suspended with pay during the pendency of hearings pursuant to New York State Education Law § 3020-a (“Section 3020-a” or “3020-a”). (Id. ¶¶ 231-32, 238.) Following the hearings, at the recommendation of the Hearing Officer, in December 2009, Plaintiffs job was terminated by vote of the District Board of Education (the “Board”). Defendant Franks-Randall was, at all times relevant to this case, the Superintendent of the District, until her retirement in June 2008. (Id. ¶¶ 3, 9; Stern Declaration in Support of Defs.’ Motion for Summary Judgment (“Stern Dec.”) Exs. A and B, Complaint and Amended Answer.) Defendants Funny-Crosby, Evans and Lawrence were, at all times relevant to this case, members of the Board. (Stern Dec. Exs. A and B.) 2. Sequence of Events The events relevant to this case began with a consensual sexual affair between Plaintiff and another administrator in the district, Dr. Sandra Calvi-Museente (“Dr. Calvi”). During the affair, which lasted roughly from September 2005 through June 2007 (Defs. 56.1 Stmt. ¶¶ 61, 77), Dr. Calvi was the Assistant Principal of the District’s Junior/Senior High School. (Id. ¶ 20.) At that time, she was also a member of the Board of Education of the Mahopac Central School District. (Pl.’s 56.1 Stmt. ¶ 457.) She was also a District sexual harassment officer. (Id. ¶ 345.) The parties vigorously dispute how to characterize where Plaintiff and Dr. Calvi sat in the District hierarchy vis a vis one another. Plaintiff insists that he was not Dr. Calvi’s direct supervisor and that they were not in the same chain of command. (Id. ¶¶ 346-351.) Defendants state that, as Deputy Superintendent, Plaintiff was the second highest ranked official in the District, that he had the authority to direct Dr. Calvi to do things, that she brought certain disciplinary matters to his attention, and that he approved a percentage in the District budget for Dr. Calvi’s raises. (Defs. 56.1 Stmt. ¶¶ 26-40.) Although the Court is not able to resolve all of these factual disputes on this record, it is undisputed that Plaintiff was ranked higher in the District hierarchy than Dr. Calvi, and that, although his job involved the business, rather than instructional, aspects of District operations, he was also occasionally involved with supervision (and discipline) of instructional staff. (Id. ¶¶ 42-50.) The affair between Plaintiff and Dr. Cal-vi was kept secret until June 2007. (Id. ¶ 110.) In fact, on two separate occasions — once in January 2006, and once in early June 2007 — Dr. Franks-Randall asked Plaintiff directly if he was having an affair with Dr. Calvi, and both times he denied it. (Id. ¶¶ 65-66, 103.) On June 4, 2007, Dr. Calvi informed Plaintiffs wife of the affair. (Id. ¶ 110.) On June 18, 2007, Plaintiff admitted to Dr. Franks-Randall that he had been having an affair with Dr. Calvi. (Id. ¶ 111.) He also described his efforts to end the relationship, as well as the alleged threats and harassment against him by Dr. Calvi during the dissolution of the relationship. (Pl.’s 56.1 Stmt. ¶¶ 380-82.) At a meeting held that week between Plaintiff, Dr. Franks-Randall, and an attorney for the District, the attorney stated that Dr. Calvi had the “trump card” because Plaintiff was her superior, and that Dr. Calvi could therefore sue the District and/or Plaintiff personally in connection with the affair. (Defs. 56.1 Stmt. ¶ 127; PL’s 56.1 Stmt. ¶¶ 389-90.) Later in June 2007, Plaintiff apologized to the Board and to Dr. Franks-Randall for engaging in the affair. (Defs. 56.1 Stmt. ¶ 132.) Initially, Dr. Franks-Randall and the Board expressed support for Plaintiff and told him that they would forgive him for the affair. (Id. ¶ 133.) Dr. Franks-Randall and members of the Board told Plaintiff that “everything was going to be ok” and “it was all going to go away.” (PL’s 56.1 Stmt. ¶¶ 393.) Plaintiff received a 6% salary raise at the end of June 2007. (Defs. 56.1 Stmt. ¶¶ 134.) On August 14, 2007, Dr. Calvi approached Dr. Franks-Randall and attorneys for the District to discuss Plaintiffs handling of an earlier sexual harassment complaint Dr. Calvi had made against another District employee, David Leis. In the course of that meeting, Dr. Calvi also raised a series of other allegations of misconduct by Plaintiff, including, inter alia, that it was Plaintiff who harassed her and made inappropriate comments to her during their relationship; that Plaintiff shared certain confidential information with her; and that he had asked her to perform a reading evaluation of his daughter. (Id. ¶¶ 135-60.) On August 20, 2007, Dr. Franks-Randall and counsel for the district met, with Plaintiff to question him about these new allegations, but Plaintiff declined to answer questions and stated that he wanted to retain an attorney. (Id. ¶¶ 164-67.) The next day, Plaintiff, through his attorney, filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) alleging “reverse sexual harassment” by Dr. Calvi, and alleging that the District “has been made aware of [Dr. Calvi’s] predatory sexual behavior ... and has failed to take remedial, much less prompt remedial action.” (Stern Dec. Ex. U, EEOC Charge, Filed August 21, 2007.) That same day, Plaintiffs counsel faxed a letter to Dr. Franks-Randall advising her that the EEOC complaint had been filed and stating “that it is a violation of federal law to take adverse employment action against anyone by reason of such a filing. Under these circumstances I suggest that no retaliation occur. For if it does, we will immediately file a federal civil rights action .... ” (Stern Dec. Ex. V.) Thereafter, Plaintiff refused to answer further questions from Dr. Franks-Randall or counsel for the District in connection with the affair or Dr. Calvi’s allegations. (Defs. 56.1 Stmt. ¶ 173.) Dr. Franks-Randall brought Dr. Calvi’s allegations to the Board, and recommended that the Board authorize an independent investigation into the allegations. (Id. ¶¶ 178-80.) The Board authorized the investigation, and, in September 2007, retained the law firm of Jackson Lewis LLP to conduct the investigation. (Id. ¶¶ 180, 182.) Michelle Phillips, Esq., of that firm, performed the investigation, during the course of which she interviewed nine witnesses, including Dr. Calvi, and reviewed documents and personnel files. (Id. ¶¶ 184-85.) Plaintiff refused to participate in the investigation. (Id. ¶¶ 202-05.) Ms. Phillips presented the results of the investigation to the Board in October 2007. Based on the information provided by Dr. Calvi and others, Ms. Phillips determined that Plaintiff had engaged in certain improper conduct and recommended that the District proceed with dismissal charges pursuant to Section 3020-a. (Id. ¶¶ 214-29.) On February 6, 2008, the Board found probable cause to file disciplinary charges against Plaintiff for (1) misconduct, (2) conduct unbecoming an administrator and (3) insubordination. (Id. ¶¶ 231, 234.) The misconduct charge was supported by fifteen specifications of acts of misconduct; the conduct unbecoming charge was supported by five specifications (all of which were also included as specifications under the misconduct charge); and the insubordination charge was supported by three specifications (all of which were also included as specifications under the misconduct charge). (Stern Dec. Ex. Z, Disciplinary Charges, Issued Feb. 6, 2008.) Ten days of hearings were held between August 5, 2008 and April 21, 2009 before a Hearing Officer. (Defs. 56.1 Stmt. ¶ 238.) Both parties were represented by counsel, submitted briefs, submitted evidence, and called witnesses. (Id. ¶¶ 239-244.) Plaintiff chose not to testify on his own behalf. (Id. ¶ 245.) On November 8, 2009, the Hearing Officer issued a decision, finding that four of the fifteen specifications for the misconduct charge were substantial charges, and were substantiated by the evidence, while the other eleven were not substantial and/or not substantiated. (See Stern Dec. Ex. BB, Opinion and Award of Joel M. Douglas, Ph.D, Hearing Officer, In the Matter of Disciplinary Proceedings Betiueen the Elmsford Union Free School District and Michael Senno, Respondent, SED File No: # 10, 231 (hereinafter the “Decision”) at 28.) He also dismissed the conduct unbecoming and insubordination charges as duplicative of the misconduct charge. (Decision ¶¶ 51-52.) Based on the charges that were substantiated, the Hearing Officer recommended that Plaintiffs employment be terminated. (Defs. 56.1 Stmt. ¶ 281.) On December 2, 2009, the Board accepted that recommendation and terminated Plaintiff. (Id. ¶ 282.) Dr. Calvi was never the subject of disciplinary charges under Section 3020-a in connection with the events surrounding her affair with Plaintiff. (Pl.’s 56.1 Stmt. ¶ 541.) In the summer of 2008, she voluntarily resigned her tenured position as Assistant Principal, and was immediately rehired as the Director of Research and Development for the District under a three-year contract with the same salary and benefits as her previous job. (Id. ¶¶ 543, 546.) In connection with her new employment contract, she withdrew an EEOC complaint that she had filed at some point in April or May of 2008. (Bellantoni Declaration in Opposition to Defendants’ Motion for Summary Judgment (hereinafter “Bellantoni Dec.”) Ex. 2, Transcript of 3020-a Hearing, Dec. 16, 2008, at 56-57; Decision ¶ 57.) 3. Allegations of Misconduct Plaintiffs claim is premised upon an allegation that he and Dr. Calvi were subject to disparate treatment based on gender discrimination and retaliation by the District for Plaintiffs filing of an EEOC complaint. This claim will turn on whether Plaintiff and Dr. Calvi were similarly situated “in all material respects,” which, in turn, depends in part upon whether they engaged in misconduct that was “of comparable seriousness.” Graham v. Long Island R.R., 230 F.3d 34, 39, 40 (2d Cir.2000). Thus, the Court first reviews the alleged misconduct with which the District charged Plaintiff, and then reviews the alleged misconduct of Dr. Calvi. a. Conduct For Which Plaintiff Was Found Culpable by the Hearing Officer Plaintiff was found to have engaged in four acts of misconduct, which supported the Hearing Officer’s recommendation of termination: (1) taking a “sick day” when in fact he was not incapacitated from work due to illness; (2) requesting that Dr. Cal-vi do a reading evaluation for his daughter, who was not a student in the District; (3) having sexual relations with Dr. Calvi in the school building; and (4) disclosing to Dr. Calvi confidential information obtained in an Executive Session of the Board, relating to negotiations with the District’s Administrator’s Union, of which Dr. Calvi was a member. As to the first two charges, the Hearing Officer found that they were substantiated by the record, but were of minimal importance, and would not alone have supported Plaintiffs termination. (Decision ¶¶ 11, 50, 53.) The reading evaluation did not occur on school property or during school time, and Defendants acknowledge that there is no policy or rule in place prohibiting such an evaluation. (Pl.’s 56.1 Stmt. ¶ 403.) The Hearing Officer concluded that “[t]he only objection to the entire event appeared [to be] that the Superintendent believed it to be wrong.” (Decision ¶ 41.) Regarding the sick day, the Hearing Officer concluded that the charge was proven, but that there was “no support in the record that employees who take an unauthorized or unwarranted sick day should be terminated,” and that there was no absence policy which requires a doctor’s note or permission slip for missing a day of school. (Decision ¶ 39.) At the same time, the Hearing Officer found that even in engaging in this more minor misconduct, Plaintiff “continuously displayed poor judgment” (Decision ¶ 41), and that these charges must be viewed in light of the “cumulative misconduct proven against him.” (Decision ¶ 53.) The Hearing Officer considered the other charges more serious, describing the accusation of sexual activities on school property as being “of great concern” (Decision ¶ 29), and concluding that Plaintiffs engaging in such conduct “destroyed his ability to operate effectively as Deputy Superintendent” and “violated the role model obligations expected of him.” (Decision ¶ 60.) The Hearing Officer concluded that by far the “most serious” charge was that Plaintiff revealed confidential Board information to Dr. Calvi during union negotiations. (Decision ¶ 40.) Plaintiff now denies this charge completely (Stern Dec. Ex. C, Transcript of Deposition of Michael Senno, at 201-09), but did not deny it at any point during the District’s investigation or the 3020-a hearings. (Defs. 56.1 Stmt. ¶¶ 256-57.) Dr. Calvi stated that Plaintiff had disclosed confidential information from executive sessions regarding union negotiations, and had told her “what to ask for” during contract negotiations, including that she should seek a stipend because she had obtained her doctorate. (Id. ¶¶ 158-60.) Dr. Calvi also provided a copy of a contract proposal from the Administrator’s Union with handwritten markups that appear to suggest what the union should seek in their negotiations. (Id. ¶¶ 189.) Witnesses familiar with Plaintiffs handwriting, including Dr. Franks-Randall and Ms. Lawrence, testified to their belief that Plaintiff had written the markups on the document. (Id. ¶¶ 157,191, 219.) The Hearing Officer found this charge substantiated, and noted that “[t]his type of behavior where management is telling labor what kind of proposal they should be making was viewed by the District as egregious and can independently serve as just cause for one’s dismissal.” (Decision ¶ 20.) The Hearing Officer also noted that “this type of misconduct goes to the very heart of the collective bargaining process.” (Decision ¶ 23.) The Hearing Officer concluded that [tjhis clearly is a breach of trust and illustrative of remarkably poor judgment displayed by [Plaintiff]. [Plaintiff] was entrusted with confidential information and to use that knowledge in support of his lady friend in order to enable her to gain additional compensation also reflects a lack of loyalty. [Plaintiffs] dedication must be with the District and not to a woman who [he] is, or was having a personal relationship with. To put the “affair” ahead of his trusted position is indicative of an individual who has lost virtually any semblance of knowing what is correct behavior and what is not. (Decision ¶ 40.) The Hearing Officer concluded, based upon the misconduct for which Plaintiff was found culpable that Plaintiff “has lost his ability to effectively function as a representative of the Elmsford School District. His lack of sound judgment in engaging in the proven misconduct has rendered him a liability to the District.” (Decision ¶ 60.) b. Conduct For Which Plaintiff Was Not Found Culpable Plaintiff was also charged with the following specifications under the misconduct charge: (5) harassing Dr. Calvi through repeated phone calls, inappropriate comments, gifts, and by ignoring job-related requests for assistance; (6) treating Dr. Calvi differently by refusing to meet with her alone regarding District business; (7) and (8) lying to Dr. Franks-Randall about the nature of his relationship with Dr. Calvi on two separate occasions during the affair; (9) failing to recuse himself from meetings with Dr. Franks-Randall and Dr. Calvi regarding personal issues related to Dr. Calvi while the affair was ongoing; (10) making inappropriate comments to Dr. Calvi, including referring to her as a “whore,” asking who she was sleeping with, and asking if she had “spread her legs for another man”; and (11) referring to Dr. Franks-Randall, who is African-American, with a racial epithet in a private conversation with Dr. Calvi. Plaintiff was also charged with a variety of misconduct connected to his handling of Dr. Calvi’s complaints of sexual harassment by another District employee, David Leis, during the last months of the affair. Specifically, Plaintiff was charged with (12) failing to report and process a sexual harassment complaint regarding Mr. Leis as reported to him by Dr. Calvi on March 12, 2007; (13) failing to recuse himself from the investigation and determination of the complaint on June 12, 2007, notwithstanding the conflict of interest which had resulted from the dissolution of his personal relationship with Dr. Calvi; and (14) failing to properly investigate and process the complaint again on June 12, 2007. Finally, Plaintiff was charged with (15) filing an inaccurate report of an altercation between Plaintiff and Dr. Calvi that took place in the hallway of the school on June 15, 2007 (the “June 15 Hallway Incident”). Specifically, Plaintiff did not report that Dr. Calvi had used profanity during the argument (stemming from Plaintiffs alleged failure to investigate the Leis complaint to her satisfaction), which was overheard by students and other District employees. (Stern Dec. Ex. Z.) For each of these charges, the Hearing Officer found that there was insufficient evidence to find Plaintiff culpable, and/or that the acts complained of were de minimis and inappropriate for discipline under 3020-a. c. Dr. Calvi’s Alleged Misconduct Plaintiff makes a broad variety of allegations against Dr. Calvi, but the only conduct that is relevant for comparing the District’s disciplinary action against her (or lack thereof) is conduct that was known to the District. Accordingly, the Court considers only that alleged conduct. 1) Dr. Calvi lied repeatedly to Dr. Franks-Randall. Defendants concede that Dr. Franks-Randall believed that Dr. Calvi lied to her “repeatedly.” (PL’s 56.1 Stmt. ¶ 414.) Defendants also concede that the Board was informed that Dr. Calvi lied to Dr. Franks-Randall on several occasions. (Id. ¶ 502.) 2) Dr. Calvi harassed and threatened Plaintiff during the affair Plaintiff alleges that, notwithstanding the charge that he harassed Dr. Calvi, it was Dr. Calvi who harassed him over the course of their relationship, including threatening his career, his family, and threatening to physically harm herself. Plaintiff states that he attempted to end the relationship in October 2006, but because of these alleged threats, he felt “blackmailed” into continuing the relationship through June 2007. However, much of this conduct was not brought to the attention of Defendants, and so could not have been the basis of any disciplinary action against Dr. Calvi. For example, Plaintiff claims that in March 2007, when he suggested that she stay in a relationship with a different man instead of Plaintiff, Dr. Calvi became angry and threw a District-owned cell phone at Plaintiffs head, shattering it against a car window. (Id. ¶¶ 370, 373.) However, it is not clear when (if at all) this incident was brought to the attention of Defendants. Defendants were indisputably aware that Dr. Calvi had engaged in some of the same behavior with which Plaintiff was charged, particularly making repeated phone calls to Plaintiff in an alleged effort to keep the relationship going. Dr. Franks-Randall stated that this conduct was “inappropriate.” (Id. ¶¶ 512-13.) Defendants were also made aware that on one particular occasion, within earshot of another District employee, Dr. Calvi threatened Plaintiff, saying, “Your wife or your job ...” (Id. ¶¶ 369, 519.) At the meeting when Plaintiff confessed to the affair to Dr. Franks-Randall, he informed her of Dr. Calvi’s threats, although it is not clear precisely what he told her at that time. (Id. ¶ 382.) During that conversation, Dr. Franks-Randall referred to Dr. Calvi’s behavior as similar to the antagonist in the Paramount Pictures film, Fatal Attraction, wherein a scorned woman was “distressed, angry ... calling after [the man].” (Id. ¶ 380.) 3)Dr. Calvi engaged in misconduct during the June 15 Hallway Incident. Plaintiff suggests that Dr. Calvi should have been subject to more extensive disciplinary action in connection with the June 15 Hallway Incident. Plaintiff cites to a memorandum written by two District employees who witnessed the incident, and to a letter from another District employee who also witnessed the incident. The memorandum, written at Dr. Franks-Randall’s request, states that the staff members heard Dr. Calvi shouting at Plaintiff, using profanities and expletives, and that several students heard the argument and asked about the disturbance (Id. ¶¶ 422-27; Bellantoni Dec. Ex. 6.) The letter, sent to Dr. Franks-Randall and each member of the Board, describes the incident in similar terms. (Pl.’s 56.1 Stmt. ¶¶ 428-30; Bellantoni Dec. Ex. 8.) Dr. Franks-Randall testified during the 3020-a hearing that she believed that Dr. Calvi had used profanity and had lied to her when she denied doing so, that Dr. Calvi was disturbing the students during the incident, and that Dr. Calvi’s conduct had a negative impact on Dr. Calvi’s image in the community. (PL’s 56.1 Stmt. ¶¶ 431, 432, 435.) As a result of the incident, Dr. Franks-Randall placed a disciplinary letter in Dr. Calvi’s file stating that Dr. Calvi’s behavior was “unconscionable,” “offensive,” and displayed “conduct unbecoming an administrator,” and concluded: “While by far this is the worst display of your inability to control your emotions, it isn’t the first time and Pm concerned that it won’t be the last time.” (Defs. 56.1 Stmt. ¶ 124; PL’s 56.1 Stmt. ¶¶434, 436.) Dr. Franks-Randall also banned Dr. Calvi from attending the high school graduation that year. (Defs. 56.1 Stmt. ¶ 125.) 4) Dr. Calvi was the subject of complaints from District staff and school parents. Defendants concede that the District received numerous complaints about Dr. Cal-vi’s conduct from both parents and staff. Staff had complained to Dr. Franks-Randall about Dr. Calvi’s “bizarre behavior” on school trips, and had complained about other aspects of Dr. Calvi’s performance as Assistant Principal, including problems with the reporting of grades and inconsistency with respect to student discipline. (PL’s 56.1 Stmt. ¶¶ 416-17, 453.) Parents complained about a variety of aspects of Dr. Calvi’s conduct. Parents complained to Dr. Franks-Randall and members of the Board that Dr. Calvi dressed inappropriately for work. (Id. ¶¶ 413, 415.) Dr. Franks-Randall testified that parents wanted Dr. Calvi to be fired “because of her manner of dress, tone of voice, inconsistent disciplinary measures and her use of profanity on multiple occasions.” (Id. ¶ 441.) Parents in the community took the further step of presenting to the Board a signed petition of “No Confidence” calling for Dr. Calvi’s termination at the July 3, 2007 meeting of the Board. (Id. ¶¶443-45.) Parents threatened to have a local television news station report on the fact that they wanted Dr. Calvi fired. (Id. ¶ 442.) Among the parents’ complaints were that Dr. Calvi said demeaning things to the students, including calling them “thugs,” and that she had emotional outbursts and yelled at and talked down to the students. (Id. ¶ 446.) Dr. Franks-Randall and the Board also received a letter from the North Elmsford Civic Association (“NECA”) expressing the community’s displeasure with Dr. Calvi’s “abusive language, emotional outbursts and poor handling of sensitive issues with parents.” (Id. ¶ 445.) Members of NECA also discussed concerns about Dr. Calvi at NECA meetings that were attended by Board members. (Id. ¶ 452.) A parent of a student also complained to Dr. Franks-Randall that her daughter witnessed Dr. Calvi being inappropriately affectionate with her then-boyfriend, who was a fellow member of the Mahopac Board of Education. (Id. ¶¶ 456, 459.) A different parent reported that her daughter had witnessed Dr. Calvi banging on the door to the school weight room, yelling and using profanities, and arguing loudly with a man inside the weight room (who was, in fact, Plaintiff). Defendants claim that Dr. Franks-Randall investigated both of these incidents and took all appropriate measures in response. (Defs. 56.1 Resp. ¶¶ 451, 469.) 5)Dr. Calvi yelled at, and used profanities with, the recruiter in charge of filling the position for High School principal. Plaintiff also pointed to an incident in the Spring of 2007, when the District was interviewing candidates to fill the role of Principal at the high school (where Dr. Calvi was Assistant Principal). The District employed a recruiting firm to undertake the process of filling the position. The recruiter, Dr. Vincent Beni, interviewed Dr. Calvi for the position in March 2007, but she was not offered the position. Dr. Beni later complained to Dr. Franks-Randall that when he informed Dr. Calvi over the phone that she would not be hired for the position, she yelled at him and used profanities. (Pl.’s 56.1 Stmt. ¶¶ 483-85.) Dr. Franks-Randall discussed this incident with the Board, but she never considered filing disciplinary charges against Dr. Cal-vi in connection with this incident. (Id. ¶¶ 488-89, 520.) 6) Dr. Calvi was the subject of a sexual harassment complaint from a District employee. Mark Barone, a network specialist for the District, filed a report stating that on one occasion, Dr. Calvi put her arms around him, told him that she wanted to kiss him and tried to kiss him. (Id. ¶¶ 474.) He rebuffed her advances, telling her that he was married, but she allegedly persisted and asked him again to give her a “little kiss.” (Id. ¶¶ 475-76.) Mr. Bar-one filed the report of this incident with Plaintiff in Plaintiffs capacity as District sexual harassment officer. Defendants state that Mr. Barone did not report this incident at the time it occurred, but rather, filed the report only at Plaintiffs urging, two years after the fact, after Plaintiffs affair was made public. Defendants state that Plaintiff himself drafted the complaint for Mr. Barone’s signature, and that when Mr. Barone met with Dr. Franks-Randall and counsel for the District, he specifically stated that he did not want the matter to go any further. (Defs. 56.1 Resp. ¶¶ 474, 477-78.) 7) Dr. Calvi was arrested for assault on public school grounds. In February 2008, Dr. Calvi was arrested for assault in the third degree following an incident involving her ex-husband and ex-mother in law at Dr. Calvi’s son’s basketball game at a school in the Mahopac School District. (PL’s 56.1 Stmt. ¶ 453.) The incident, and Dr. Calvi’s, arrest were made public in a newspaper article. (Id. ¶ 455.) After her arrest, Dr. Calvi resigned from the Mahopac School Board. (Id. ¶ 457.) The charges were ultimately adjourned in contemplation of dismissal. (Id. ¶ 456.) Dr. Franks-Randall testified at the 3020-a hearing that the arrest was the subject of talk among District staff and administrators, and that Dr. Calvi’s conduct, arrest, and resignation from the Mahopac School Board were embarrassing for the District. (Id. ¶¶ 458-60.) Dr. Calvi was assigned to work from home from February 2008 through the end of that school year, due to community concern about the incident. (Defs. 56.1 Stmt. ¶¶ 319, 320.) Dr. Calvi also ultimately resigned her tenured position as Assistant Principal in connection with the incident, although the parties dispute the degree to which this decision was voluntary. (Defs. 56.1 Stmt. ¶ 321; Pl.’s 56.1 Stmt. ¶¶542-46.) B. Procedural History Plaintiff filed the instant Complaint on March 6, 2008, after the 3020-a disciplinary charges were filed, but prior to the hearings and his termination. Defendants answered the Complaint on April 24, 2008. On December 10, 2008, discovery in the case was stayed pending the completion of the 3020-a hearings. After the issuance of the Hearing Officer’s decision in the 3020-a hearing in November 2009, the parties engaged in discovery. On April 13, 2010, Defendants filed an amended answer to the complaint, adding two affirmative defenses. On July 23, 2010, Defendants filed the instant motion for summary judgment on all claims. II. SUMMARY JUDGMENT STANDARD Summary judgment is appropriate only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). An issue of fact is “genuine” if the evidence is such that a reasonable jury could return a verdict for the non-moving party. SCR Joint Venture L.P. v. Warshawsky, 559 F.3d 133, 137 (2d Cir.2009). A “material” fact is one that might “affect the outcome of the suit under the governing law.” Id. The moving party bears “the burden of demonstrating that no material fact exists.” Miner v. Clinton County, New York, 541 F.3d 464, 471 (2d Cir.2008) (citing McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 202 (2d Cir.2007)). In resolving this inquiry, the Court must construe “the evidence in the light most favorable to the non-moving party and draw[] all reasonable inferences in that party’s favor.” Sledge v. Kooi, 564 F.3d 105, 108 (2d Cir.2009) (citing Anderson, 477 U.S. at 247-50, 255, 106 S.Ct. 2505); see also Treglia v. Town of Manlius, 313 F.3d 713, 718-22 (2d Cir.2002) (noting that on summary judgment, a court must “resolve all ambiguities and draw all factual inferences in favor of the non-movant” (citing Brown v. Henderson, 257 F.3d 246, 251 (2d Cir.2001))). In opposing the motion for summary judgment, the non-moving party may not rely on “conclusory allegations or unsubstantiated speculation,” Scotto v. Almenas, 143 F.3d 105, 114 (2d Cir.1998), or on mere denials or unsupported alternative explanations of its conduct. See SEC v. Grotto, No. 05 Civ. 5880, 2006 WL 3025878, at *7 (S.D.N.Y. Oct. 24, 2006). Rather, the non-moving party must set forth significant, probative evidence on which a reasonable fact-finder could decide in its favor. Anderson, 477 U.S. at 256-57, 106 S.Ct. 2505. To avoid summary judgment, all that is required of the non-moving party is a showing of sufficient evidence supporting the claimed factual dispute as to require a judge or jury’s resolution of the parties’ differing versions of the truth. See Kessler v. Westchester Cnty. Dep’t of Soc. Servs., 461 F.3d 199, 206 (2d Cir.2006) (citing Anderson, 477 U.S. at 248-49, 106 S.Ct. 2505). The Second Circuit has also “emphasized that trial courts must be especially chary in handing out summary judgment in discrimination cases, because in such cases the employer’s intent is ordinarily at issue.” Chertkova v. Connecticut General Life Ins. Co., 92 F.3d 81, 87 (2d Cir.1996). III. THRESHOLD ISSUES A. State Law and Title VII Claims Against Individual Defendants Plaintiff initially brought state law claims under Section 296 of the New York State Executive Law, but in his Opposition brief, he states that he is withdrawing those claims because he did not file the requisite Notice of Claim in connection with the matter. (Opp. at 1 n. 2). Thus, the state law claims are DISMISSED. Defendants argue that the Title VII claims against the individual defendants must be dismissed because Title VII does not provide for liability against individuals. In that regard, Defendants are correct. See Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir.2000) (“[Individuals are not subject to liability under Title VII.”); see also Mandell v. County of Suffolk, 316 F.3d 368, 377 (2d Cir.2003) (same). Further, Plaintiff did not address this argument in his opposition papers, which operates as an abandonment of the argument. See Robinson v. Am. Int'l Grp., Inc., 08 Civ. 1724, 2009 WL 3154312, at *4 & n. 65 (S.D.N.Y. Sept. 30, 2009) (collecting cases holding that where party fails to address arguments in opposition papers on summary judgment motion, the claim is deemed abandoned). Thus, summary judgment dismissing the claims against the individual Defendants is GRANTED. B. Jurisdiction/Exhaustion of Administrative Remedies Defendants first argue that Plaintiffs Title VII claims must be dismissed for lack of jurisdiction, because Plaintiff failed to exhaust his administrative remedies. The Court finds that it has jurisdiction to hear Plaintiffs claims, but that summary judgment with respect to that claim is, nevertheless, GRANTED, because Plaintiff did not assert that claim before the EEOC. Plaintiffs retaliation claim, however, survives dismissal because it is reasonably related to the charge that he did file with the EEOC. 1. Applicable Law As an initial matter, Defendants are incorrect that a failure to exhaust administrative remedies deprives a district court of jurisdiction to hear the Title VII claim. Although older decisions did discuss the exhaustion requirement as a jurisdictional issue, see, e.g., Nweke v. Prudential Ins. Co. of Am., 25 F.Supp.2d 203, 214-16 (S.D.N.Y.1998), the Second Circuit has more recently clarified that “the failure to exhaust administrative remedies is a precondition to bringing a Title VII claim in federal court, rather than a jurisdictional requirement.” Francis v. City of New York, 235 F.3d 763, 768 (2d Cir.2000) (internal quotation marks and citations omitted). Thus, even though the Court has jurisdiction to hear Plaintiffs Title VII claim, in order to survive dismissal, Plaintiff must have “first pursue[d] available administrative remedies and file[d] a timely complaint with the EEOC.” Deravin v. Kerik, 335 F.3d 195, 200 (2d Cir.2003). See also Legnani v. Alitalia Linee Aeree Italiane, S.P.A, 274 F.3d 683, 686 (2d Cir.2001) (“Exhaustion of administrative remedies through the EEOC is an essential element of the Title VII and ADEA statutory schemes and, as such, a precondition to bringing such claims in federal court.” (internal quotation marks omitted)). A plaintiff may raise in a district court complaint “only those claims that either were included in or are ‘reasonably related to’ the allegations contained in [his] EEOC charge.” Holtz v. Rockefeller & Co., 258 F.3d 62, 82-83 (2d Cir.2001) (quoting Butts v. City of New York Dep’t of Hous. Pres. & Dev., 990 F.2d 1397, 1401 (2d Cir.1993)). The Second Circuit has recognized three scenarios where a claim would be considered “reasonably related” to the allegations in an EEOC charge: “[1] the claim would fall within the reasonably expected scope of an EEOC investigation of the charges of discrimination; [2] it alleges retaliation for filing the EEOC charge; or [3] the plaintiff ‘alleges further incidents of discrimination carried out in precisely the same manner alleged in the EEOC charge.’ ” Alfano v. Costello, 294 F.3d 365, 381-82 (2d Cir.2002) (quoting Butts, 990 F.2d at 1402-03). The “reasonably expected scope” prong “is essentially an allowance of loose pleading and is based on the recognition that EEOC charges frequently are filled out by employees without the benefit of counsel and that their primary purpose is to alert the EEOC to the discrimination that a plaintiff claims he is suffering.” Deravin, 335 F.3d at 201 (quotation marks and citations omitted). The inquiry under this prong has been described as a “fact-intensive analysis,” with a “focus ... on the factual allegations made in the EEO[C] charge itself, describing the discriminatory conduct about which a plaintiff is grieving.” Mathirampuzha v. Potter, 548 F.3d 70, 76 (2d Cir.2008) (citation omitted). “The central question is whether the complaint filed with the EEOC gave that agency adequate notice to investigate discrimination on both bases.” Williams v. New York City Hous. Auth., 458 F.3d 67, 70 (2d Cir.2006) (per curiam) (citations and quotation marks omitted). See also Walsh v. Nat’l Westminster Bancorp., Inc., 921 F.Supp. 168, 172 (S.D.N.Y.1995) (holding that “the relevant inquiry” is not the plaintiffs “intent or her understanding of the effect of her complaint on a later lawsuit,” but rather “whether the EEOC could reasonably be expected to investigate the sexual harassment claims based on the allegations contained in the charge”). Courts “have refused to consider allegations made for the first time in a complaint when these new allegations make up the core of plaintiffs claim.” Okon v. Appia, No. CV-06-6810, 2008 WL 2245431, at *9 (E.D.N.Y. May 29, 2008) (collecting cases). Courts have held that a claim “based on a wholly different type of discrimination” than that asserted in the EEOC charge— for example, a claim based on national origin discrimination where the EEOC charge alleged only racial discrimination— will not be permitted. Solomon-Lufti v. Roberson, No. 97 Civ. 6024, 1999 WL 553733, at *4 (S.D.N.Y. July 29, 1999) (quoting Peterson v. Ins. Co. of N. Am., 884 F.Supp. 107, 109 (S.D.N.Y.1995)). Generally, courts dismiss claims that are so qualitatively different from the allegations contained in an EEOC charge that an investigation would not likely encompass the new allegations. See, e.g., Mathirampuzha, 548 F.3d at 74-78 (affirming dismissal of hostile work environment claim where EEOC charge alleged only a single act of harassment/aggression); Nweke, 25 F.Supp.2d at 214-16 (dismissing claims for discriminatory policies based on race, sex or disability, and disparate impact of that policy on female and disabled persons where EEOC charge contained only allegations of discriminatory discharge and denial of union representation). 2. Application Plaintiffs Complaint brings two claims under Title VII: discrimination based upon gender, and retaliation for filing an EEOC charge. Plaintiffs EEOC charge, filed August 21, 2007, checked the box marked “Sex” in the section headed “Cause of Discrimination/Based On.” (Stern Dec. Ex. U.) That EEOC charge predated any disciplinary action by Defendants, and, thus, does not contain any mention of discriminatory discipline. The substance of Plaintiffs EEOC charge is focused almost entirely on the allegedly harassing conduct of Dr. Calvi. To the extent it mentions any Defendant at all, it does so only in the context of the District’s failure to take remedial action regarding Dr. Calvi’s behavior. It does not allege any discriminatory disciplinary action by any Defendant. Although the disciplinary action alleged in the Complaint stemmed from the same sexual affair that gave rise to Plaintiffs EEOC complaint, there is nothing to suggest that an EEOC investigation into the remedial action taken by Defendants with regard to Dr. Calvi’s conduct would address disciplinary action later taken against Plaintiff. See Miller v. Int’l Tel. & Tel. Corp., 755 F.2d 20, 25-26 (2d Cir.1985) (holding that “[t]here would be no reason for the EEOC to investigate [a] failure to rehire in connection with the claim of alleged discriminatory discharge unless the former were asserted as part of that claim”). And although the category of protected class — sex—is the same in the EEOC charge and the Complaint, failure to remedy sexual harassment and discriminatory discipline are “entirely distinct theories] of liability,” predicated on totally different acts. Walsh, 921 F.Supp. at 172. See Alfano, 294 F.3d at 381-82 (affirming dismissal of complaint regarding discipline, when EEOC charge “made no allegation regarding unfounded disciplinary action”). “Judicial claims which serve to amplify, clarify or more clearly focus earlier EEO complaints are appropriate. Allegations of new acts of discrimination, offered as the essential basis for the requested judicial review are not appropriate.” McGuire v. U.S. Postal Serv., 749 F.Supp. 1275, 1287 (S.D.N.Y.1990) (citation and internal quotation marks omitted). The Second Circuit has made clear that the exhaustion of administrative remedies is “an essential element of Title VII’s statutory scheme.” Butts, 990 F.2d at 1401. Plaintiff could have filed an additional charge with the EEOC after it became apparent that he would be subject to disciplinary action. Instead, the month after the disciplinary charges were filed against him, Plaintiff filed the instant Complaint. Because he failed to exhaust his administrative remedies, his claim for gender discrimination must be dismissed. Not all of Plaintiffs Title VII claim is dismissed, however. The Complaint alleges both discrimination and retaliation. A claim is “reasonably related” to an EEOC charge when it alleges retaliation for the filing of the EEOC charge. Id. at 1402. The instant Complaint does so allege. Thus, the preconditions for Plaintiffs retaliation claim have been met. See Legnani, 274 F.3d at 687 (reversing dismissal of retaliation claim because it was reasonably related to the initial discrimination charge filed with the EEOC); Pierre v. New York State Dep’t of Corr. Servs., No. 05 Civ. 275, 2009 WL 1583475, at *9 (S.D.N.Y. June 1, 2009) (dismissing discrimination claims that were not reasonably related to allegations in EEOC charge, but allowing claim of retaliation for filing of EEOC charge to survive). C. Collateral Estoppel Defendants argue that Plaintiffs claims are barred by the doctrine of issue preclusion because of the Hearing Officer’s decision in the Section 3020-a hearing. The Court agrees that 3020-a Hearings are entitled to be given preclusive effect, but holds that giving them that effect does not estop Plaintiff from asserting his claims. 1. Applicable Law “Under the Full Faith and Credit Act, 28 U.S.C. § 1738, federal courts must give state-court judgments the same preclusive effect as they would receive in courts of the same state.” Burkybile v. Bd. of Educ. of the Hastings-on-Hudson Union Free Sch. Dist., 411 F.3d 306, 310 (2d Cir.2005). “New York courts give quasi-judicial administrative fact-finding preclusive effect where there has been a full and fair opportunity to litigate.” Id. (citing Ryan v. New York Tel. Co., 62 N.Y.2d 494, 478 N.Y.S.2d 823, 467 N.E.2d 487 (N.Y.1984)). In Burkybile, the Second Circuit held that a Section 3020-a Hearing, such as the one in this case, is an “administrative adjudication that must be given preclusive effect.” Id. at 311-12. The court, quoting the Supreme Court’s decision in University of Tennessee v. Elliott, 478 U.S. 788, 799, 106 S.Ct. 3220, 92 L.Ed.2d 635 (1986), held that “when a state agency acting in a judicial capacity resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, federal courts must give the agency’s factfinding the same preclusive effect to which it would be entitled in the state’s courts.” Burkybile, 411 F.3d at 312. 2. Application of Law to this Case Under Burkybile, the 3020-a Hearing in this case is entitled to preclusive effect, and thus, Plaintiff is estopped from challenging any of the factual findings made during that proceeding. Those findings, however, do not bar Plaintiffs claims. Collateral estoppel applies only if “the issue in question was actually and necessarily decided in a prior proceeding.” Colon v. Coughlin, 58 F.3d 865, 869 (2d Cir.1995). It is undisputed that the 3020-a hearing did not directly address any of Plaintiffs claims of retaliation or discrimination. Indeed, the Decision does not at any point mention Plaintiffs EEOC filing. The Decision mentions that “the matter of Calvi not being disciplined was raised by counsel” for Plaintiff, but that the Hearing Officer’s “jurisdiction is limited to the charges preferred against [Plaintiff] and not Calvi .... ” (Decision ¶ 54, n. 25.) Thus, because Plaintiffs retaliation claim was expressly not decided at the hearing, he is not estopped from pursuing that claim now. See Morey v. Somers Cent. School Dist., No. 06 Civ. 1877, 2007 WL 867203, *5 (S.D.N.Y. Mar. 21, 2007) (holding that where “the record of administrative hearing is devoid of any evidence that the issue of retaliation was actually litigated and necessarily decided,” collateral estoppel did not bar the plaintiffs retaliation claims); see also Raniola v. Bratton, 243 F.3d 610, 624 (2d Cir.2001) (holding that an administrative finding concerning a plaintiffs termination “could have preclusive effect on her Title VII claim in federal court only if [she] had unsuccessfully sought to contest her discharge ... leading to a judgment on the same claim or issue” (emphasis added)). Contrary to Defendant’s argument, a finding that Plaintiff was terminated for cause does not bar Plaintiffs Title VII claim. Even if Plaintiff cannot dispute the factual findings of the Hearing Officer’s decision, Plaintiff can still prevail if he shows that Defendants acted with an improper motive in bringing charges against Plaintiff. See Gordon v. New York City Bd. of Educ., 232 F.3d 111, 117 (2d Cir.2000) (“It is ... settled that a plaintiff in a Title VII action need not disprove a defendant’s proffered rationale for its adverse actions in order to prevail.” (emphasis added) (citing Fields v. New York State Office of Mental Retardation & Developmental Disabilities, 115 F.3d 116, 120 (2d Cir.1997) (“Title VII plaintiff can prevail by proving that an impermissible factor was a ‘motivating factor,’ without proving that the employer’s proffered explanation was not some part of the employer’s motivation.”))). Accordingly, the Court proceeds to the merits of Plaintiffs claim. IV. RETALIATION CLAM Retaliation claims under Title VII are analyzed using the three-step burden shifting framework first outlined by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See Coffey v. Dobbs Int’l Servs., Inc., 170 F.3d 323, 326 (2d Cir.1999) (noting that McDonnell Douglas analysis applies in Title VII retaliation cases). The plaintiff must first establish a prima facie case, by presenting evidence sufficient to permit a rational trier of fact to find [1] that [ ]he engaged in protected participation or opposition under Title VII, [2] that the employer was aware of this activity, [3] that the employer took adverse action against the plaintiff, and [4] that a causal connection exists between the protected activity and the adverse action, i.e., that a retaliatory motive played a part in the adverse employment action. Cifra v. General Electric Co., 252 F.3d 205, 216 (2d Cir.2001) (citation and quotation marks omitted). The Second Circuit has characterized the plaintiffs prima facie burden as “minimal” and “de minimis.” Woodman v. WWOR-TV, 411 F.3d 69, 76 (2d Cir.2005) (quoting Zimmermann v. Assocs. First Capital Corp., 251 F.3d 376, 381 (2d Cir.2001)). “In determining whether this initial burden is satisfied in a Title VII retaliation claim, the Court’s role in evaluating a summary judgment request is to determine only whether proffered admissible evidence would be sufficient to permit a rational finder of fact to infer a retaliatory motive.” Jute v. Hamilton Sundstrand Corp., 420 F.3d 166, 173 (2d Cir.2005) (citing Donahue v. Windsor Locks Bd. of Fire Comm’rs, 834 F.2d 54, 58 (2d Cir.1987)). “[A] plaintiff may not rely on conclusory assertions of retaliatory motive to satisfy the causal link. Instead, he must produce some tangible proof to demonstrate that [his] version of what occurred was not imaginary.” Cobb v. Pozzi, 363 F.3d 89, 108 (2d Cir.2004) (internal citation omitted). If the plaintiff satisfies his prima facie burden, a presumption of retaliation arises, and the burden of production shifts to the defendant to proffer a “legitimate, non-retaliatory reason for the adverse employment action.” Jute, 420 F.3d at 173. The defendant’s burden at this step has been characterized as “light.” Greenway v. Buffalo Hilton Hotel, 143 F.3d 47, 52 (2d Cir.1998). It is a burden of production, not persuasion, and thus does not involve a credibility assessment. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). “The employer need not persuade the court that it was motivated by the reason it provides; rather it must simply articulate an explanation that, if true, would connote lawful behavior.” Greenway, 143 F.3d at 52 (citation omitted). If the defendant proffers a legitimate, non-discriminatory reason for the adverse action, the presumption of retaliation drops out, and the burden shifts back to the plaintiff to show that “retaliation was a substantial reason for the adverse employment action.” Jute, 420 F.3d at 173. A. Plaintiffs Prima Facie Case The Court finds that Plaintiff has successfully made out a prima facie case of retaliation. 1. Protected Activity, Defendants’ Knowledge of Same As to the “protected activity” element of a Title VII retaliation claim, the plaintiff need only “have had a good faith, reasonable belief that he was opposing an employment practice made unlawful by Title VII.” Kessler, 461 F.3d at 210 (quoting McMenemy v. City of Rochester, 241 F.3d 279, 285 (2d Cir.2001)). He need not prove the underlying discrimination allegations. There is no dispute that Plaintiff engaged in protected activity and that Defendants were aware of the activity. Plaintiff filed an EEOC charge of gender discrimination on August 21, 2007. (Defs. 56.1 Stmt. ¶ 328.) On the same day, Plaintiffs attorney sent a letter to Dr. Franks-Randall informing her that Plaintiff had filed the EEOC charge. (See Ex. V.) 2. Adverse Employment Action Plaintiff has also shown that he was subject to an adverse employment action. An “adverse employment action” for purposes of a retaliation claim is one that “a reasonable employee would have found ... materially adverse, which in this context means it well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 67-69, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006) (citation and quotation marks omitted). “Adverse employment actions in the context of a retaliation claim cover a broader range of conduct than in the discrimination context.” Gentile v. Potter, 509 F.Supp.2d 221, 238-39 (E.D.N.Y.2007) (citing Burlington N., 548 U.S. 53, 126 S.Ct. 2405). Thus, unlike a plaintiff alleging discrimination, Plaintiff need not show that the purported adverse action is “one that affects the terms, privileges, duration, or conditions of employment.” Yerdon v. Henry, 91 F.3d 370, 378 (2d Cir.1996). See Burlington N., 548 U.S. at 64, 126 S.Ct. 2405 (holding that “adverse employment action” in the retaliation context “is not limited to discriminatory actions that affect the terms and conditions of employment”). Disciplinary charges were issued against Plaintiff on February 6, 2008, a formal 3020-a hearing took place over the course of a year and a half, and thereafter, his employment with the District was terminated. Defendants argue, in the context of Plaintiffs discrimination claim that “the mere initiation of disciplinary charges does not constitute an adverse employment action for the purposes of Title VII.” (Defs.’ Mem. of Law in Support of Motion for Summary Judgment (hereinafter “Defs. Mem.”), at 13 (citing Carter v. New York City Dep’t of Corr., 7 Fed.Appx. 99, 103 (2d Cir.2001)).) But that standard does not apply in the retaliation context. To support his retaliation claim, Plaintiff need show only that the action “well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” Burlington N., 548 U.S. at 68, 126 S.Ct. 2405 (citation and quotation marks omitted). The Second Circuit has held that the filing of disciplinary charges against a New York school district employee, with the “threat of a Section 3020-a hearing” could have such a deterrent effect. Burkybile, 411 F.3d at 313-14 (holding in the context of retaliation for exercising First Amendment Rights). Not only does a Section 3020-a hearing permit suspension (with pay) and carry with it the threat of possible termination, but it also requires the employee to “incur the expense and inconvenience of extensive litigation.” Id. at 314. The Second Circuit held that “[s]uch consequences are clearly deterrents for even a person of ordinary firmness.” Id. The filing of disciplinary charges against Plaintiff resulted in his immediate suspension, over a year of litigation, and ultimately his termination. Thus, the Court finds that Plaintiff has shown that he suffered adverse employment action. 3. Causation The Court also finds that Plaintiff has met his “minimal” burden to establish a causal connection between his protected activity and the adverse action. Woodman, 411 F.3d at 76. Plaintiff does not point to any direct evidence of retaliatory animus, but the indirect evidence is sufficient to meet his burden. a. Applicable Law Although proof of causal connection can be shown directly, “through evidence of retaliatory animus directed against a plaintiff by the defendant,” it is well settled that causation can also be established indirectly, “by showing that the protected activity was followed closely by discriminatory treatment, or through other evidence such as disparate treatment of fellow employees who engaged in similar conduct.” DeCintio v. Westchester Cnty. Medical Ctr., 821 F.2d 111, 115 (2d Cir.1987) (internal citations omitted). First, a plaintiff can show causation indirectly by showing a “close temporal relationship between a plaintiffs participation in protected activity and an employer’s adverse actions.” Treglia, 313 F.3d at 720. The Second Circuit “has not drawn a bright line to define the outer limits beyond which a temporal relationship is too attenuated to establish a causal relationship .... ” Gorman-Bakos v. Cornell Coop. Extension of Schenectady Cnty., 252 F.3d 545, 554 (2d Cir.2001). However, courts have typically held that two to four months is the “outer edge of what courts in this circuit recognize as sufficiently proximate to admit of an inference of causation.” Woods v. Enlarged City Sch. Dist. of Newburgh, 473 F.Supp.2d 498, 529 (S.D.N.Y.2007) (quoting Yarde v. Good Samaritan Hosp., 360 F.Supp.2d 552, 562 (S.D.N.Y.2005) and collecting cases). The Second Circuit has also described the prima facie test as “demanding only that the protected activity preceded the adverse action,” and some courts have found a sufficiently close temporal relationship where the adverse action occurred well over four months after the protected activity. Raniola, 243 F.3d at 624. See id. (holding that filing of EEOC charge in July 1995 and termination in September 1996 was sufficient to meet prima facie case); Burkybile, 411 F.3d at 314 (noting that an inference of retaliatory intent has been found in cases involving a gap of as long as eight months). In order to show disparate treatment, a plaintiff must show that he was “similarly situated in all material respects” to those with whom he seeks to compare himself. Graham, 230 F.3d at 39. The determination of whether or not two employees are “similarly situated” for purposes of this test is ordinarily a question of fact for the jury, Feingold v. New York, 366 F.3d 138, 154 (2d Cir.2004), though this rule is “not absolute ... and a court can properly grant summary judgment where it is clear that no reasonable jury could find the similarly situated prong met.” Harlen Assocs. v. Inc. Vill. of Mineola, 273 F.3d 494, 499 n. 2 (2d Cir.2001). In Graham, the Second Circuit elaborated on what “all material respects” means in determining whether two employees are “similarly situated,” holding that the concept varies somewhat from case to case and ... must be judged based on (1) whether the plaintiff and those he maintains were similarly situated were subject to the same workplace standards and (2) whether the conduct for which the employer imposed discipline was of comparable seriousness. In other words there should be an objectively identifiable basis for comparability. 230 F.3d at 40 (citations omitted). See also Norville v. Staten Island Univ. Hosp., 196 F.3d 89, 95-96 (2d Cir.1999) (“In order for employees to be similarly situated for the purposes of establishing a plaintiffs prima facie case, they must have been subject to the same standards governing performance evaluation and discipline and have engaged in conduct similar to the plaintiffs, without such differentiating or mitigating circumstances that would distinguish their conduct or appropriate discipline for it.” (internal quotation marks and citation omitted)). The Second Circuit has also cautioned that “the standard for comparing conduct requires a reasonably close resemblance of the facts and circumstances of plaintiffs and comparator’s cases, rather than a showing that both cases are identical.” Graham, 230 F.3d at 40. In other words, the other employee’s situation need only be “sufficiently similar to plaintiffs to support at least a minimal inference that the difference [in treatment] may be attributable to [retaliation].” McGuinness v. Lincoln Hall, 263 F.3d 49, 54 (2d Cir.2001). b. Application of Law to Facts Plaintiff filed his EEOC charge on August 21, 2007 and disciplinary charges were filed February 6, 2008. (Defs. 56.1 Stmt. ¶ 231.) The disciplinary charges followed an independent investigation that was initiated in September 2007, shortly after Plaintiff filed the EEOC charge. Although there is no dispute that the disciplinary charges stemmed from the same set of circumstances that gave rise to his EEOC charge (ie., Plaintiffs affair with Dr. Calvi), the temporal proximity — six months — might not be sufficient in itself to establish causation. The Court need not resolve this question, however, because Plaintiff does not rely solely on temporal proximity to show causation. Plaintiff ultimately bases his retaliation claim on a theory of disparate treatment of similarly situated employees. Specifically, Plaintiff alleges that Dr. Calvi had committed acts of misconduct, of which Defendants were aware, that were no less serious than the acts for which Plaintiff was charged, and yet Dr. Calvi was not subject to the same disciplinary action. In fact, although Dr. Calvi resigned her tenured job as Assistant Principal, she was immediately re-hire