Full opinion text
MEMORANDUM OPINION AND ORDER DE MENT, District Judge. Before the court is Defendants Dale County Board of Education (“Board”) and Chuck Monday’s (“Monday”) (collectively “Defendants”) Motion For Summary Judgment, together with a Brief In Support Of Motion For Summary Judgment (“Br.”), filed August 16, 1999. Also on August 16, 1999, Defendants filed an Evidentiary Submission (“Def.s’ Evid. Sub.”) in support of their Motion For Summary Judgment. On August 30, 1999, Plaintiff Molly Blalock (“Plaintiff’) filed a Brief In Opposition To Motion For Summary Judgment Of Defendants, which the court construes as a Response (“Resp.”), together with an Evidentiary Submission (“Pl.’s Evid. Sub.”)- Defendants filed a Reply Brief In Support Of Motion For Summary Judgment (“Reply”), on September 8, 1999. After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that Defendants’ Motion For Summary Judgment is due to be granted in part and denied in part. JURISDICTION AND VENUE The court properly exercises subject matter jurisdiction over this action, pursuant to 28 U.S.C. § 1381 (federal question jurisdiction), 20 U.S.C. §§ 1681 et seq. (Title IX of the Education Amendments of 1972, as amended), 42 U.S.C. §§ 2000e et seq. (Title VII of the Civil Rights Act of 1964, as amended), and 42 U.S.C. § 1983 (The Civil Rights Act of 1871, as amended). The Parties do not contest personal jurisdiction or venue. SUMMARY JUDGMENT STANDARD On a motion for summary judgment, the court construes the evidence and factual inferences in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment can be entered on a claim only if it is shown “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.” Fed.R.Civ.P. 56(c). As the Supreme Court has explained: [T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. In such a situation, there can be no ‘genuine issue as to any material fact,’ since a complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (citing Fed.R.Civ.P. 56(c)). The trial court’s function at this juncture is not “to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citations omitted). A dispute about a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson, 477 U.S. at 248, 106 S.Ct. 2505; Barfield v. Brierton, 883 F.2d 923, 933 (11th Cir.1989). The party seeking summary judgment has the initial burden of informing the court of the basis for the motion and of establishing, based on relevant “portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ ” that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Celotex, 477 U.S. at 323, 106 S.Ct. 2548 (citing Fed. R.Civ.P. 56(c)). The mechanics of satisfying the initial burden vary depending upon which party, the movant or the nonmovant, bears the burden of proof at trial. See Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th Cir.1993) (detailing the nature of the parties’ responsibilities when preparing or defending against a motion for summary judgment). Once this initial demonstration under Rule 56(c) is made, the burden of production, not persuasion, shifts to the nonmov-ing party. The nonmoving party must “go beyond the pleadings and by [his or] her own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Celotex, 477 U.S. at 324, 106 S.Ct. 2548. In meeting this burden, the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Corp. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). That party must demonstrate that there is a “genuine issue for trial.” Fed.R.Civ.P. 56(e); Matsushita, 475 U.S. at 587, 106 S.Ct. 1348; Anderson, 477 U.S. at 249, 106 S.Ct. 2505. An action is void of a material issue for trial “[w]here the record taken as a whole could not lead a rational trier of fact to find for the non-moving party.” Matsushita, 475 U.S. at 587, 106 S.Ct. 1348. PROCEDURAL HISTORY AND FACTUAL BACKGROUND Plaintiff is a tenured teacher and an athletic coach in the Dale County, Alabama, school system. She has taught at Dale County High School since approximately 1974. (Pl.’s Dep. I at 11-12.) During her tenure, she taught physical education and, at least after 1978, coached various female athletic sports, including volleyball, softball and basketball. (Resp. at 1; Br. at 1, 8-9.) At all times pertinent to this action, the Board was Plaintiffs employer. Beginning in February 1993, Monday was the head football coach and athletic director for Dale County High School. Monday’s job responsibilities included budgeting funds allocated for athletics at Dale County High School, evaluating the coaches and recommending job assignments for coaches. (Williams Dep. at 114.) Monday was not a member of the Board. (Resp. at 2; PL’s Dep. I at 38-39; Monday Aff. at 1; William Dep. at 28.) Plaintiff alleges that she was treated less favorably than the male coaches. Primarily, she asserts the following: (1) that she was paid less than the male coaches (PL’s Dep. I at 33, 45, 62); (2) that unlike her male coach counterparts, Plaintiff did not have an assistant coach every year (PL’s Dep. I at 45, 64-65; PL Dep. II at 37-42; William Dep. at 33); (3) that the Board had one Athletic Director, who was Coach Monday, and denied Plaintiffs request in 1993 to create a separate position for Plaintiff as Women’s Athletic Director (Def.s’ Ex. 8 to PL’s Dep. I; PL’s Dep. I at 46, 66-68); (4) that Monday denied Plaintiff and her female athletic teams use of athletic facilities, such as the baseball field and weight room (PL’s Dep. I at 33, 47, 53-54, 105-107; PL’s Dep. II at 15-16); (5) that Plaintiff and her teams were treated as inferior to the male teams with respect to sports equipment, locker rooms, restroom facilities, uniforms, food allowances, and hotel accommodations at away games (PL’s Dep. I at 47, 66, 93-94,110-114, 117-118, 137; Jackson Dep. at 69-70, 74); (6) that unlike the male coaches, Plaintiff had additional job responsibilities, which included washing the team uniforms and driving the school bus to transport her teams to and from athletic events (PL’s Dep. I at 46, 49-50, 52-53, 57, 123-124, 130-132; PL’s Dep. II at 35-36); (7) that in either 1993 or 1994 Monday required Plaintiff to attend all school athletic club meetings, which caused Plaintiff to quit a part-time job; unlike Plaintiff, however, Monday did not require all of the male coaches to attend the athletic club meetings (PL’s Dep. I at 52; PL’s Dep. II at 4-5, 9-10); and (8) that Plaintiff did not have the same benefits as male coaches with respect to money allowances for coaches’ uniforms and out-of-town hotel accommodations at coaches’ training clinics. (PL’s Dep. I at 48-49, 58-59.) Plaintiff also asserts that, as a result of being treated as an inferior female coach, she was burdened with extra work. That is, Plaintiff did not have an assistant coach to help her prepare for out-of-town games; thus, Plaintiff had to handle all the administrative details, such as securing transportation, making reservations, and filling out purchase orders and paperwork concerning funds. (PL’s Dep. II at 28-25.) Eventually, in April 1994, when Plaintiff was coaching three sports — volleyball, softball and basketball — she requested to be relieved of coaching basketball. Monday, however, told her that she may have to be transferred to another school if she resigned from coaching basketball. Because she “was afraid” she would be transferred, Plaintiff did not resign and coached basketball during the 1994-95 academic year. (Br. at 26-27; PL’s Dep. I at 71-79, 81, 87-89.) Plaintiff says she consistently complained to her superiors about the alleged unfair treatment between her and the female teams she coached and the male coaches and their teams. (PL’s Dep. I at 93.) Namely, she complained to “every coach and principal” through the years, as well as to the Board members! (Id. at 110-111.) As evidence of her consistent complaints, Plaintiff asserts that in 1994 she asked Monday if she could purchase the same type of bases for the softball field that were used on the baseball field. Monday responded that “he was sick and tired of [Plaintiff] comparing everything that ... the boys had to what the girls had.” (Resp. at 6; PL’s Dep. I at 56-57; PL’s Dep. II at 81-34.) Additionally, in either 1995 or 1996, a parent told Plaintiff that Monday had commented that “girls had no business” competing at a state tournament. (PL’s Dep. II at 50-52.) Plaintiff further asserts that as a result of her complaints, Monday harbored animosity toward her. For instance, Plaintiff says Monday once falsely “accused [her] of breaking equipment” and would “overlook” her when he introduced the coaching staff at banquets. (PL’s Dep. I at 50, 102-104, 133; PL’s Dep. II at 43-44.) Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) in December 1995. Plaintiffs EEOC charge, which was prepared by an attorney, states that she was subjected to [disparate treatment as compared with similar male coaching positions of equivalent male sports. [Plaintiff] has been the coach for many years of the girl’s basketball, softball, and volleyball teams. The school board refused to provide any assistance coaching these teams. [Plaintiff] was not paid an equivalent rate for equivalent work. For example, [Plaintiff] was head coach of the girls’ basketball team for many years and led them to play in several Regional and State Championship final rounds. During this time, she was denied the help of an assistant coach. [Plaintiff] was discriminated against, as were the female students, by being forced to do the work of two coaches. The male basketball program is staffed with, two coaches. [Plaintiffs] replacement is a male and has been provided with an assistant coach. (Def.s’ Ex. 2 to PL’s Dep. I; see also PL’s Dep. I at 31-32.) A Notice Of Charge Of Discrimination regarding Plaintiffs EEOC complaint, dated December 1995, was forwarded to the Board. (Def.s’ Ex. 2 to PL’s Dep. I.) Subsequently, on June 18, 1996, the Board voted to involuntarily transfer Plaintiff to a vacancy at one of the elementary schools within the Dale County school system, where Plaintiff would not have any coaching duties. (Resp. at 8; Pl.’s Evid. Sub., Ex. 7.) Monday recommended the transfer to Jackson, stating that Plaintiffs transfer would be “[b]etter[]” for “Dale County High School Athletics.” (Pl.’s Dep. I at 53; PL’s Dep. II at 14-15; Jackson Dep. at 7, 82-84.) The Board, however, rescinded its vote on June 25, 1996 at an “Emergency Board Meeting.” (Br. at 11; PL’s Evid. Sub., Ex. 9.) After receiving a Notice Of Right To Sue from the EEOC, Plaintiff filed a timely Complaint in federal court on April 25, 1997 against the Board and Monday. (Resp. at 1; Def.’s Br. at 1; Compl. at 1; Am. Compl. at 1.) Plaintiff amended her Complaint on August 15, 1997, and now seeks relief under the following federal statutes: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq. (“Title IX”) (Count 1); (2) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. (“Title VII”) (Count 2); (3) The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution for which a remedy is provided under 42 U.S.C. § 1983 (Count 3); and (4) the Equal Pay Act, 29 U.S.C. §§ 206, 216 (Count 4). (Am.Compl.lffl 7-24.) Plaintiff seeks a declaratory judgment, injunctive relief, back pay, compensatory and punitive damages, as well as costs and attorney’s fees. (Id. ¶¶ 12, 16, 21, 24, Prayer For Relief, ¶¶ 1-3.) In response to Plaintiffs Amended Corn-plaint, Defendants filed separate Motions To Dismiss on September 8, 1997. In a Memorandum Opinion And Order (“Order”), entered October 6, 1998, the court dismissed Plaintiffs Title VII and Title IX claims against Monday in his individual and official capacities. (Order at 7-9, 11-12). Thus, in sum, all four counts remain against the Board, but only Counts 3 and 4 remain against Monday. Defendants have filed a Motion For Summary Judgment, which the court will now address. DISCUSSION I. Title IX (Count 1) The Board argues that Title VII provides Plaintiff “with the proper mechanism and sufficient remedies” for the alleged violations she asserts under Title IX. (Br. at 20.) Because her claim under Title IX is identical to her claim under Title VII, the Board further asserts that Plaintiffs Title IX claim is “duplicitous and unnecessary.” (Id. at 20.) Accordingly, the Board urges the court to grant summary judgment in its favor on Plaintiffs claim brought under Title IX. In support of its argument, the Board cites Lakoski v. James, 66 F.3d 751 (5th Cir.1995). In Lakoski, a female professor who was denied tenure sued her employer for sex discrimination, alleging claims under Title IX and 42 U.S.C. § 1983. Id. at 752. The Fifth Circuit held that Title VII preempted her causes of action under both Title IX and § 1983: Critical to our resolution of this case is the fact that, although [the plaintiff] possessed a colorable claim of employment discrimination in violation of Title VII, she chose not to pursue the remedy made available by Title VII. Title VII provides an administrative procedure in which an aggrieved individual must first pursue administrative remedies before seeking judicial relief. See 42 U.S.C. § 2000e-5. [The plaintiff] chose to circumvent this procedure and immediately assert her rights under Title IX both directly and derivatively through 42 U.S.C. § 1983. We are not persuaded that Congress intended that Title IX offer a bypass of the remedial process of Title VII. We hold that Title VII provides the exclusive remedy for individuals alleging employment discrimination on the basis of sex in federally funded educational institutions. We limit our holding to individuals seeking money damages under Title IX directly or derivatively through § 1983 for employment practices for which Title VII provides a remedy, expressing no opinion whether Title VII excludes suits seeking only declaratory or injunctive relief. Id. at 753. The Eleventh Circuit has not addressed whether Title VII provides the exclusive remedy for employment discrimination in federally funded educational institutions. The Seventh Circuit and a district court in this circuit, however, have agreed with the reasoning in Lakoski. See Waid v. Merrill Area Public Schools, 91 F.3d 857 (7th Cir.1996); Gibson v. Hickman, 2 F.Supp.2d 1481 (M.D.Ga.1998). In Gibson, the defendants moved to dismiss the plaintiffs Title IX claim, arguing that Title VII provided the exclusive remedy. After examining Lakoski, Waid and district court decisions decided after Lako-ski the Gibson court stated: This court agrees with those courts finding that Title VII preempts employment discrimination claims for money damages brought under Title IX. To hold otherwise would eviscerate Title VU’s technical and administrative requirements, thereby giving .plaintiffs who work at federally funded educational institutions unfettered ability to bring what are in reality Title VII sexual discrimination claims without adhering to the same rules required of every other employment discrimination plaintiff in the country. 2 F.Supp.2d at 1484. Likewise, this court finds that the holding in Lakoski is well reasoned and applies its holding to the case at bar. Here, Plaintiff asserts that she was discriminated against in her employment because she is female, and seeks monetary as well as injunctive relief under Title IX. (Am. Compl. ¶ 12, Prayer For Relief ¶¶ 1-3.) Plaintiff brings her Title IX claim under the following four theories of liability: (1) disparate pay; (2) hostile work environment; (3) disparate treatment; and (4) retaliation. (Am.Compl.lffl 7-12.) First, the court finds that the reasoning in Lakoski precludes Plaintiffs Title IX action for money damages under her theories alleging disparate pay, hostile work environment and disparate treatment. Plaintiff, as an employee of the Board, asserts these three theories solely to seek redress for gender-based discrimination in the workplace. Specifically, in her Title IX claim (Count 1), Plaintiff alleges that she “has been discriminated against in employment based on ... sex” and that Defendants “have made employment decisions in a discriminatory manner and have limited and classified [ ][P]laintiff in a way that has adversely affected the employment opportunities and/or status because of her sex.” (Am.Compl^ 8.) The court finds that Plaintiffs exclusive remedy for money damages for her employment-related discrimination claims lies under Title VII. Second, the court finds that Plaintiff is likewise precluded from bringing her Title IX action for injunctive relief under her theories alleging disparate pay, hostile work environment and disparate treatment. (Am. Compl. ¶ 12; Prayer For Relief, ¶¶ 1-3.) Lakoski expressly left open the question of whether a plaintiff may maintain a Title IX action for injunctive relief. 66 F.3d at 753. Plaintiffs demand for injunctive relief, however, is not a request to terminate federal funding under Title IX, see id. at 757, but rather is a request to enjoin the Board from further discriminating against Plaintiff on the basis of her gender. (Am. Compl. ¶ 12; Prayer For Relief, ¶¶ 1-3.) Because this type of equitable relief is available under Title VII, the court finds that Lakoski’s reasoning also applies to Plaintiffs request for injunctive relief on the aforementioned three theories of liability. Third, however, the court finds that Plaintiffs Title IX claim seeking redress for retaliation requires a slightly different analysis. Subsequent to Lakoski, the Fifth Circuit decided Lowrey v. Texas A & M Univ. System, 117 F.3d 242 (5th Cir. 1997). In Lowrey, the plaintiff worked as a female basketball coach and brought a Title IX retaliation claim against her employer. Id. at 244. The plaintiff asserted in part that she was denied a promotion in retaliation for her involvement in a Title IX investigation of her employer’s alleged “misallocation of, resources among male and female athletes.” Id. at 244, 247. The plaintiff argued that her retaliation claim arose “exclusively under the provisions of [Tjitle IX, not [Tjitle VII, and thus [was] not preempted by [Tjitle VII under the specific holding of Lakoski.” Id. at 247. The Fifth Circuit agreed and held that the plaintiff “was fully entitled to raise complaints and to participate in the investigations concerning alleged violations of [Tjitle IX and likewise was entitled to the protection against retaliation” under Title IX. Id. at 251. The Fifth Circuit distinguished between a retaliation claim for opposing employment discrimination practices and a retaliation claim for opposing practices under Title IX: The preemption rule of Lakoski is predicated on the assumption that [Tjitle VII affords a private right of action for' claims of employment discrimination on the basis of sex in federally funded educational institutions, rendering a private right of action under [Tjitle IX duplica-tive. In contrast, the anti-retaliation provisions of titles VII and IX are not identical, and [Tjitle VII provides no remedy for retaliation against individuals who raise charges of noncompliance with the substantive provisions of [Tjitle IX. Title VII prohibits retaliation only against individuals who oppose discriminatory employment practices or participate in complaints or investigations of employment practices prohibited by [Tjitle VII. The Lakoski court narrowly tailored its holding to individuals seeking money damages under [Tjitle IX “for employment practices for which Title VII provides a remedy.” Title VII provides no remedy, however, to employees of federally funded educational institutions who have suffered retaliation as a consequence of their opposition to noncompliance with [Tjitle IX. Consequently, [the plaintiff] asserts a cause of action for retaliation that arises exclusively under [Tjitle IX, without a corollary right under [Tjitle VII. Under such circumstances, [Tjitle VII does not preempt [Tjitle IX. Id. at 248-249 (citations omitted). Here, Plaintiffs retaliation theory is two-fold. Plaintiff asserts that the Board voted to transfer her in retaliation of her filing an employment discrimination charge with the EEOC and/or in retaliation of her complaints to Monday and the Board about alleged unequal treatment between the male and female athletic teams. (Pl.’s Dep. I at 93-94, 96-97.) Hence, Plaintiff asserts a retaliation claim based on her opposition to alleged illegal practices under both Title VII and Title IX. For the same reason discussed above, the court finds that Plaintiffs retaliation claim seeking monetary and equitable relief based upon her filing an EEOC charge remains barred under Lakoski and Lowrey. The court reaches this conclusion because this claim is brought under the anti-retaliation provision of Title VII. Thus, Title VII is Plaintiffs exclusive remedy. However, Plaintiffs claim that she was retaliated against for complaining about alleged Title IX violations survives Title VII’s preemption, because Plaintiff does not have a remedy under Title VII for this claim. Lowrey, 117 F.3d at 248-249. The court now turns to the merits of Plaintiffs Title IX retaliation claim. The Parties submit that the court should apply the traditional three-part, burden-shifting framework used in Title VII cases. (Br. at 20; Resp. at 11.) The court agrees. See Saville v. Houston County Healthcare Auth., 852 F.Supp. 1512, 1521 (M.D.Ala.1994) (applying the substantive standards of Title VII to the plaintiffs Title IX claims). In Section II. D. below, the court analyzes Plaintiffs Title IX retaliation claim alongside her Title VII retaliation claim. However, as discussed therein, Plaintiff cannot survive summary judgment because she has not shown that she suffered an adverse employment action, which is a crucial element of her prima facie case. Accordingly, the court finds that summary judgment is due to be granted in favor of the Board on Plaintiffs Title IX claim (Count l). II. Title VII (Count 2) Title VII provides that an employer may not “discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual’s ... sex.” 42 U.S.C. § 2000e-2(a)(l). Under Title VII, a plaintiff must demonstrate through either direct or circumstantial evidence that the Board’s actions were the result of intentional discrimination. St. Mary’s Honor Center v. Hicks, 509 U.S. 502, 519, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). Where, as here, a plaintiff seeks to prove intentional discrimination through circumstantial evidence of the employer’s intent, the court applies the three-part, burden-shifting analysis articulated in McDonnell Douglas Corp. v. Green and Texas Dep’t of Community Affairs v. Burdine. See 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). Under the McDonnell Douglas and Bur-dine framework, a plaintiff must first raise an inference of discrimination by establishing a prima facie case. Batey v. Stone, 24 F.3d 1330, 1333 (11th Cir.1994). Once a plaintiff has established a prima facie case, the burden shifts and the defendant “must proffer a legitimate, non-discriminatory reason for the adverse employment action. The employer’s burden is ‘exceedingly light.’ ” Meeks v. Computer Associates Intern., 15 F.3d 1013, 1021 (11th Cir.1994) (quoting Tipton v. Canadian Imperial Bank of Commerce, 872 F.2d 1491, 1495 (11th Cir.1989)). A plaintiff must then establish that the employer’s proffered reasons are pretextual. “Disbelief of the defendant’s proffered reasons, together with the prima facie case, is sufficient evidence to demonstrate the existence of a genuine issue of fact as to the truth of each of the employer’s proffered reasons for its challenged actions.” Combs v. Plantation Patterns, 106 F.3d 1519, 1529 (11th Cir.1997). To survive summary judgment at this point, a plaintiff must come forward with evidence sufficient “to permit a reasonable fact finder to conclude that the employer’s proffered non-discriminatory reasons were not what actually motivated its conduct.” Id. at 1528. As discussed in Section I above, Plaintiff asserts the same four theories of liability under Title VII as she does under Title IX. That is, she sets forth a Title VII claim alleging four theories of liability: (1) disparate pay; (2) hostile work environment; (8) disparate treatment; and (4) retaliation. (Am.Compl.1ffl 13-17.) A. Disparate Pay In her Amended Complaint, Plaintiff asserts that “[d]uring her tenure at Dale County High School, '[she] was not paid as much as the male coaches for equivalent work.” (Am.Compl.1ffl 9-10.) Specifically, she asserts that “for years” she was paid based on a nine-month contract as compared to the male coaches who were paid based on a ten-month contract. (Resp. at 1; Pl.’s Dep. I at 62-63; PL’s Dep. II at 63-64.) Plaintiff complains that she “had to hire a lawyer and discuss legal action before she received the same contract and pay as the male coaches.” (Id.) The Board argues that the court need not reach the merits of Plaintiff’s Title VII disparate pay claim. That is, the Board argues that Plaintiff is barred from bringing this claim because she signed a Confidential Full And Final Release Of All Claims (“Release”) relating to her salary dispute. (Br. at 28-29.) Plaintiff has conceded and the court so found in its Order entered October 6, 1998, that this claim was barred by her Release. That is, on March 14, 1994, the Board placed Plaintiff on a 10-month salary contract and paid Plaintiff approximately $7,000. In return, Plaintiff signed a Release waiving any legal claim based on her disparity in pay. (Order at 2, 6.) Accordingly, the court finds that summary judgment is due to be granted in favor of the Board on Plaintiffs Title VII disparate pay claim based on her salary dispute that was the subject of the Release. However, the court previously found that the Release does not bar any claim arising out of an alleged disparity in pay arising after the date of the Release. (Id. at 6-7.) Nonetheless, in opposing summary judgment, Plaintiff has not argued or set forth any additional facts to support a disparate pay theory. (PL’s Resp. at 18-23); see generally Miranda v. B & B Cash Grocery Store, Inc., 975 F.2d 1518, 1528 (11th Cir.1992) (holding that to establish a prima facie case based on sex-based disparate pay under Title VII, Plaintiff must show that “she is female and that the job she occupied was similar to higher paying jobs occupied by males”). (Resp. at 18-23.) In other words, Plaintiff has rested on her pleadings and apparently expects the court to formulate an argument that will allow this claim to survive summary judgment. However, “[tjhere is no burden upon the district court to distill every potential argument that could be made based upon the materials before it on summary judgment. Rather, the onus is upon the parties to formulate arguments; grounds alleged in the complaint but not relied upon in summary judgment are deemed abandoned.” Resolution Trust Corp. v. Dunmar Corp., 43 F.3d 587, 599 (11th Cir.1995). Therefore, based on the foregoing, the court finds that Plaintiff has abandoned her Title VII disparate pay claim; thus, summary judgment is due to be granted on this claim. B. Hostile Work Environment In her Amended Complaint, Plaintiff further asserts that she “has been subjected to a sexually hostile work environment ... that has altered the terms and conditions of her employment.” (Am. Comply 14.) The court finds that Plaintiff’s claim for a hostile work environment exceeds the scope of her EEOC charge and, thus, is barred. A plaintiff may commence a lawsuit on all issues sufficiently “like or related” to those specified in the EEOC charge. IMPACT v. Firestone, 893 F.2d 1189, 1196 (11th Cir.1990). Additionally, “[wjeight and credibility should be given to the construction or meaning the EEOC gives to charges filed with them.” Tillman v. City of Boat, 548 F.2d 592, 593 (5th Cir.1977) (citations omitted). The Eleventh Circuit has stated: As long as allegations in the judicial complaint and proof are “reasonably related” to charges in the administrative filing and “no material differences” between them exist, the court will entertain them. As we have noted ..., “the ‘scope’ of the judicial complaint is limited to the ‘scope’ of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination.” 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. Wu v. Thomas, 863 F.2d 1543, 1547 (11th Cir.1989) (citations omitted). Furthermore, when the party filing an EEOC charge is unaided by counsel, the contentions contained therein “must be liberally construed because they are made by persons who are unfamiliar with the technicalities of formal pleadings.” Tillman, 548 F.2d at 593 (citations omitted). However, “liberal construction is not necessary where the claimant is aided by counsel in preparing his [or her] charge.” Ang v. Procter & Gamble Co., 932 F.2d 540, 546 (6th Cir.1991). As stated by the Eleventh Circuit, “[t]he starting point for determining the permissible scope of the judicial complaint is the EEOC charge and investigation.” Eastland v. Tennessee Valley Authority, 714 F.2d 1066, 1067-68 (11th Cir.1983); see also Sanchez v. Standard Brands, Inc., 431 F.2d 455, 462 (5th Cir.1970) (“The crucial element of a charge of discrimination is the factual statement contained therein.”). Turning to the factual statement contained in Plaintiffs EEOC charge, the court initially makes two observations. First, the court notes that the policy favoring liberal construction of EEOC charges is not entitled to much weight here, if any. That is, Plaintiff was aided by counsel, as her EEOC charge is dated and signed by her attorney. (Def.s’ Ex. 2 to Pl.’s Dep. I.) Second, the Parties have not submitted any evidence, as to how, if at all, the EEOC interpreted Plaintiffs charge. Thus, in determining the scope of the charge, the court is confined to the four corners of the charge without the aid of the EEOC’s construction. Plaintiffs EEOC charge does not contain an allegation regarding a hostile work environment. Rather, the EEOC charge is limited to claims regarding gender-based disparate pay and disparate treatment. Specifically, in her EEOC charge, Plaintiff categorizes her claims as follows: (1) an unequal pay claim and (2) a claim based on the Board’s “refus[al] to provide” Plaintiff “any assistance coaching.” (Id.) Plaintiffs EEOC charge does not allude to or even generally reference a hostile work environment theory. Additionally, while Plaintiffs hostile work environment theory stems from alleged gender discrimination, it is unlike her theories based upon disparate pay and disparate treatment. That is, a claim alleging hostile work environment is a separate and distinct theory of liability with different elements of proof. Therefore, the court finds that Plaintiffs hostile work environment theory is not reasonably related to her disparate pay and disparate treatment theories. Moreover, the court finds that it is not reasonably likely that the EEOC’s investigation would have included an analysis of this non-asserted theory. See Wu, 863 F.2d at 1547; see also Swanson v. Civil Air Patrol, 37 F.Supp.2d 1312 (M.D.Ala.1998) (finding that the plaintiff was barred from bringing a sex-based disparate treatment claim where the EEOC charge was limited to claims alleging a hostile work environment and retaliation). Accordingly, the court finds that, because Plaintiff failed to exhaust her administrative remedies, she may not pursue her hostile work environment claim under Title VII. Even if Plaintiffs hostile work environment claim was not barred by her failure to exhaust administrative remedies, the court nonetheless finds that Plaintiff cannot prevail on the merits. The Supreme Court has held that “sexual harassment so ‘severe or pervasive’ as to ‘alter the conditions of [the victim’s] employment and create an abusive working environment’ violates Title VII.” Faragher v. City of Boca Raton, 524 U.S. 775, 785, 118 S.Ct. 2275, 2283, 141 L.Ed.2d 662 (1998) (citing Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 67, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986)). To demonstrate a hostile work environment, the hostility can be gender based as opposed'to purely sexual in nature. Bell v. Crackin Good Bakers, Inc., 777 F.2d 1497, 1503 (11th Cir.1985). In Bell, the Eleventh Circuit held that sexual harassment includes “threatening, bellicose, demeaning, hostile or offensive conduct in the workplace because of the sex of the victim of such conduct....” Id. at 1503; see also Sims v. Montgomery County Comm’n, 766 F.Supp. 1052, 1073 (M.D.Ala.1990) (Thompson, J.). To establish a prima facie case of a hostile work environment, Plaintiff must show: (1) that she is a member of a protected class; (2) that unwelcome harassment occurred, (3) that the harassment was based on Plaintiffs gender; (4) “that the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment”; and (5) that the employer knew or should have known of the harassment and failed to take remedial action. Mendoza v. Borden, Inc., 195 F.3d 1238, 1244 (11th Cir.1999); Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900, 903-04 (11th Cir.1988); Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1557 (11th Cir.1987). For the reasons that follow, the court finds that Plaintiff cannot satisfy the fourth element of her prima facie case. In Mendoza, the Eleventh Circuit examined the threshold a plaintiff must meet under this prima facie prong. While acknowledging that “employment discrimination, including sexual-harassment claims present fact-intensive issues[,]” the Eleventh Circuit “agree[d] with the Fifth Circuit’s observation that motions for summary judgment ... are appropriate ‘to police the baseline for hostile environment claims.’ ” Mendoza, 195 F.3d at 1244 (quoting Indest v. Freeman Decorating, Inc., 164 F.3d 258, 264 n. 8 (5th Cir.1999)). The Eleventh Circuit examined and cited twelve cases where courts have held as a matter of law that a plaintiffs allegations were not sufficiently severe or pervasive to support a hostile work environment claim. Mendoza, 195 F.3d at 1246. The Eleventh Circuit explained the standard under the fourth element as follows: Establishing that harassing conduct was sufficiently severe or pervasive to alter an employee’s terms or conditions of employment includes a subjective and an objective component. Harris, 510 U.S. at 21-22, 114 S.Ct. 367.... The employee must “subjectively perceive” the harassment as sufficiently severe and pervasive to alter the terms or conditions of employment, and this subjective perception must be objectively reasonable. Id. The environment must be one that “a reasonable person would find hostile or abusive” and that “the victim ... subjectively perceive[s] ... to be abusive.” Id. at 21, 114 S.Ct. 367.... Furthermore, “the objective severity of harassment should be judged from the perspective of a reasonable person in the plaintiffs position, considering ‘all the circumstances.’ ” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 118 S.Ct. 998, 140 L.Ed.2d 201 ... (1998) (quoting Harris, 510 U.S. at 28, 114 S.Ct. 367). The objective component of this analysis is somewhat fact intensive. Nevertheless, the Supreme Court and this Court have identified the following four factors that should be considered in determining whether harassment objectively altered an employee’s terms or conditions of employment: (1) the frequency of the conduct; (2) the severity of the conduct; (3) whether the conduct is physically threatening or humiliating, or a mere offensive utterance; and (4) whether the conduct unreasonably interferes with the employee’s job performance. Allen v. Tyson Foods, 121 F.3d 642, 647 (11th Cir.1997) (citing Harris, 510 U.S. at 23, 114 S.Ct. 367). The courts should examine the conduct in context, not as isolated acts, and determine under the totality of the circumstances whether the harassing conduct is sufficiently severe or pervasive to alter the terms or conditions of the plaintiffs employment and create a hostile or abusive working environment. Id.; see Harris, 510 U.S. at 23, 114 S.Ct. 367; Henson, 682 F.2d at 904; Faragher v. City of Boca Raton, 118 S.Ct. at 2283 (citing Harris, 510 U.S. at 23, 114 S.Ct. 367, and explaining that “[w]e directed courts to determine whether an environment is sufficiently hostile or abusive by ‘looking at all the circumstances’ ”). Mendoza, 195 F.3d at 1245. In viewing the totality of the evidence in the light most favorable to Plaintiff, the court finds that the conduct alleged by Plaintiff does not rise to the level of severity required to maintain a hostile work environment claim. Plaintiff has voiced complaints during her 20 “plus” years as a coach at Dale County High School about the alleged inequalities in the way in which she has been treated as compared to male coaches. She has cited several incidents of alleged disparate treatment occurring most recently in 1993, as set forth in pages 1295-97, supra. These incidents include Plaintiffs allegations that the Board and Monday treated her as inferior to the male coaches in various employment decisions pertaining to job responsibilities, assistance in coaching her teams and benefits. As discussed infra in Section II.C., the court finds that some of these allegations give rise to a triable issue as to Plaintiffs claim that she has been treated differently than the male coaches in the terms and conditions of her employment. Plaintiff, however, also seeks to use these same allegations to support her hostile work environment claim. In examining the merits of Plaintiffs hostile work environment claim, the court finds instructive Cowan v. Prudential Ins. Co. Of America, 141 F.3d 751 (7th Cir.1998). There, in rejecting Plaintiffs hostile work environment claim, the Seventh Circuit noted as follows: In support of her [hostile work environment] claim, [the plaintiff] points to other incidents where male employees allegedly were treated better than female employees. For instance, [the plaintiff] claims that her supervisor continued to work more intensively with a new employee than he did with her. If adequately supported, such disparate treatment could constitute a claim of outright discrimination-not a hostile work environment claim. Id. at 759. Similarly, in Parker v. State, Dept. of Public Safety, 11 F.Supp.2d 467 (D.Del.1998), the court found that the plaintiff could not categorize as a hostile work environment claim her allegations that male co-employees were treated more favorably “with respect to troop and shift assignments and transfer opportunities.” Id. at 475. Rather, the court found that “[t]hese latter forms of discrimination present basic disparate treatment scenarios, that is, the kind of tangible or economic losses that the Vinson Court contrasted with a hostile environment.” Id. (citing Vinson, 477 U.S. at 57, 106 S.Ct. 2399). The court continued: “Such disparate treatment consists of employment policies or employment decisions involving, for example, hiring, firing, benefits, promotions and compensation.” Id. Based on the foregoing, the court finds that Plaintiff cannot support a hostile work environment claim with allegations that constitute classic examples of alleged disparate treatment. Accordingly, the court finds that Plaintiff is left with her allegations that Monday “berated and humiliated” her based on her gender.. (Resp. at 16-17); see Bell, 777 F.2d at 1503 (holding that sexual harassment includes “threatening, bellicose, demeaning, hostile or offensive conduct in the workplace because of the sex of the victim of such conduct...”). For example, Plaintiff asserts that Monday once told her that “he was sick and tired of [Plaintiff] comparing everything that ... the boys had to what the girls had.” (Resp. at 6; PL’s Dep. I at 56-57; PL’s Dep. II at 31-34.) According to Plaintiff, Monday also harbored animosity toward her as evidenced by his false accusation that she tore up a lawnmower and his failure to introduce her along with the male coaches at athletic banquets. (Br. at 28; PL’s Dep. I at 50, 102-104, 133; PL’s Dep. II at 43-44.) While these instances, if true, are not condoned by the court, they do not rise to the level of severity or pervasiveness required to maintain a hostile work environment claim. See Mendoza, 195 F.3d at 1245 (citing numerous cases where allegations of a hostile work environment were legally insufficient as a matter of law). Additionally, the court notes without ruling that at least Plaintiffs latter two allegations should not automatically be construed as relating to Plaintiffs gender as they just as easily could be based on a personal dislike for Plaintiff and, thus, are not necessarily gender based. See id., 195 F.3d at 1247 (stating that whether the plaintiffs complaints that her supervisor’s statements “I’m getting fired up” and his “constant ‘following and staring’ ” contained “the necessary sexual or other gender-related connotations to be actionable sex discrimination is questionable.”) Based on the foregoing, the court finds that summary judgment is due to be granted on Plaintiffs Title VII hostile work environment claim. C. Disparate Treatment In her Amended Complaint, Plaintiff generally asserts that she has been discriminated against in the “terms and conditions of her employment on the basis of her sex.” (Am.ComplA 14.) Before analyzing the merits of Plaintiffs Title VII disparate treatment claim, the court will address the Board’s contention that the majority of Plaintiffs individual allegations supporting her alleged disparate treatment claim are time barred. Specifically, the Board asserts that most of Plaintiffs allegations occurred more than 180 days before Plaintiff filed her charge in December 1995 and are outside the scope of the charge. (Reply at 6; Answer To Am. Compl. ¶ 32.) Plaintiff, on the other hand, argues that the Board’s alleged discriminatory acts constitute a continuing violation and, thus, are not time barred. (Resp. at 17, 21.) Title VII permits an aggrieved employee to seek relief in federal court only where he or she has (1) filed timely charges with the EEOC and (2) received and acted upon the EEOC’s statutory notice of right-to-sue. See 42 U.S.C. § 2000e — 5(f)(1); McDonnell Douglas, 411 U.S. at 798, 93 S.Ct. 1817. Concerning the first requirement, which is the only one in dispute, a plaintiff is required to file a charge of discrimination with the EEOC within 180 days of the alleged discrimination. See 42 U.S.C. § 2000e-5(e). If a plaintiff fails to file before this time elapses, then his or her claim is untimely. In other words, a plaintiff is procedurally barred for failure to exhaust Title VII's administrative remedies if said plaintiff fails to file a charge of discrimination with the EEOC within 180 days of the alleged discrimination. See Delaware State College v. Ricks, 449 U.S. 250, 256, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980); Everett v. Cobb County Sch. Dist. 138 F.3d 1407, 1410 (11th Cir.1998). The Supreme Court has recognized that the filing of a timely charge is “a requirement that, like a statute of limitations, is subject to waiver, estoppel, and equitable tolling.” Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393, 102 S.Ct. 1127, 71 L.Ed.2d 234 (1982). An exception to the 180-day filing requirement arises where the discriminatory aet(s) constitutes a “continuing violation.” See e.g., Patterson v. Augat Wiring Sys., Inc., 944 F.Supp. 1509, 1517 (M.D.Ala.1996) (citing Calloway v. Partners Nat’l Health Plans, 986 F.2d 446, 449 (11th Cir.1993)). Under the continuing violation doctrine, “[w]here an employee charges an employer with continuously maintaining an illegal employment practice, he [or she] may file a valid charge of discrimination based upon that illegal practice until 180 days after the last occurrence of an instance of that practice.” Beavers v. American Cast Iron Pipe Co., 975 F.2d 792, 796 (11th Cir.1992). However, “[t]he timely discrimination alleged by the plaintiff cannot simply be a perpetuation of the effects of the past discriminatory acts.” Bush v. Liberty Nat’l Life Ins. Co., 12 F.Supp.2d 1251, 1257 (M.D.Ala. 1998), aff'd, 196 F.3d 1261, 1999 WL 782320, No. 98-6376 (11th Cir. Sept. 16, 1999) (citations omitted). To determine whether alleged discriminatory acts constitute a continuing violation, the Fifth Circuit in Berry v. Board of Supervisors of L.S.U., 715 F.2d 971 (5th Cir.1983), articulated a three-prong test, whereby the following nonexhaustive factors are to be examined: The first is subject matter. Do the alleged acts involve the same type of discrimination, tending to connect them in a continuing violation? The second is frequency. Are the alleged acts recurring ... or more in the nature of an isolated work assignment or employment decision? The third factor, perhaps of most importance, is degree of permanence. Does the act have the degree of permanence which should trigger an employee’s awareness of and duty to assert his or her rights, or which should indicate to the employee that the continued existence of the adverse consequences of the act is to be expected without being dependent on a continuing intent to discriminate? Id. at 981. The Berry court noted that “the particular context of individual employment situations requires a fact-specific inquiry by a trial judge which cannot be easily reduced to a formula.” Id. at 981-982. This court finds the Berry rubric to be instructive in determining whether alleged discriminatory acts constitute a continuing violation. Plaintiff argues that, because she is female, she has been discriminated against in the terms and conditions of her employment. (Resp. at 22.) Plaintiffs disparate treatment claim involves allegations of alleged multiple discriminatory acts and non-actions directed against her as a female coach but not against male coaches. In response, the Board contends that the following allegations are untimely: (1) The Board’s refusal in January 1993 to create a position for Plaintiff as Women’s Athletic Director. (Br. at 26; Pl.’s Dep. I at 66-69.) (2) Plaintiffs assertion that in April 1994 when she requested that she be relieved of coaching basketball, Monday told her that she may have to be transferred if she did not coach. (Pl.’s Dep. I at 72-74.) (3) The Board’s refusal to hire an assistant women’s coach to aid Plaintiff. Plaintiff estimates that she requested an assistant in approximately 1994 or 1995. (Id. at 27.) (4) Plaintiffs allegation that in 1994, 1995 and 1996 she, unlike her male counterparts, was not provided with a coach’s uniform. (Id. at 27.) (5) Plaintiffs allegation that during either the academic year of 1995-96 or 1996-97, she, unlike the male coaches, was not allowed to stay overnight on game road trips. (Id. at 27.) (6) Plaintiffs allegation that, during either the academic year of 1993-94,1994-95 or 1995-96, she, unlike the male coaches, had to drive the school bus to transport her teams to and from athletic events. (Pl.’s Dep. I at 49-50, 127-128, 130-132.) The court agrees with the Board that allegations (1) and (2) are time barred. Plaintiffs request that the Board create a position for a Women’s Athletic Director, as well as her resignation request, undisputedly occurred more than 180 days prior to Plaintiff filing her EEOC charge in December 1995. In applying the three Berry factors, the court finds that Plaintiff has not demonstrated a continuing violation. First, Plaintiff couches both allegations as gender discrimination acts; thus, arguably “the acts involve the same type of discrimination.” Berry, 715 F.2d at 981. Second and more importantly, however, the court finds that the acts are not sufficiently connected to her general allegations of disparate treatment asserted several years later in December 1995 but, rather, are “more in the nature of an isolated ... employment decision.” Id. The court notes that the purpose of the administrative requirements under Title VII is to protect an employer from having to defend against claims arising out of remote decisions. See Delaware State College v. Ricks, 449 U.S. 250, 256-257, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980) (stating that Title VIPs “limitations periods, while guaranteeing the protection of the civil rights laws to those who promptly assert their rights, also protect employers from the burden of defending claims arising from employment decisions that are long past”). Third and most importantly, the court finds that these two events are concrete, identifiable actions which should have triggered Plaintiffs awareness of her possible causes of action. Plaintiff even admits that she believed at the time that the Board’s refusal to create a separate position for a Women’s Athletic Director was based on gender animus. (PL’s Dep. I at 68, 70.) Thus, the court finds that nothing prevented Plaintiff from protecting her rights at that time and that Plaintiff cannot use her December 1995 EEOC charge to bootstrap a career of alleged gender-based inequities. Regarding allegations (3), (4), (5) and (6), however, the court finds that these actions are not time barred. Because Plaintiff has alleged that it is possible that the alleged discriminatory acts described in (3) — (6) may have occurred during the 180-day time frame, the court finds that a triable issue remains for the jury. In so finding, the court recognizes that the dates of discrimination alleged by Plaintiff are vague and sometimes only narrowed to a year, not even a month. While Plaintiffs references to such ill-defined dates frustrate and diminish the court’s ability to make a just ruling, the court must construe the facts in the light most favorable to Plaintiff. The court emphasizes, however, that Plaintiff must be more specific at trial regarding the time frame in which each alleged discriminatory act occurred. That is, Plaintiff must prove instances of disparate treatment within the limitations period in order to recover. In the alternative, the Board argues that, even if Plaintiffs allegations are timely, all of them except the allegation that Plaintiff was not given an assistant coach are outside the scope of the EEOC charge because they are not “like or related” to the allegations contained therein. (Reply at 6-7.) In other words, the Board challenges allegations (4) — (6) above as unrelated to the allegations contained in Plaintiffs EEOC charge. The court disagrees. As previously discussed, a plaintiff may commence a lawsuit on all issues sufficiently “like or related” to those specified in the EEOC charge. Firestone, 893 F.2d at 1196. In her EEOC charge, in addition to complaining about not having an assistant coach, Plaintiff states that the Board “refused to provide any assistance coaching [the female basketball, softball and volleyball] teams.” (Def.s’ Ex. 2 to Pl.’s Dep. I.) The Board interprets Plaintiffs lack-of-assistance claim to include only Plaintiffs allegation that she did not have an assistant coach as did the male head coaches. (Reply at 7.) The court finds the Board’s interpretation to be too narrow. The court construes Plaintiffs allegation as reaching all alleged discriminatory acts that arguably contributed to making Plaintiffs job as a coach more difficult than the job of the male coaches. Thus, the court finds that the alleged discriminatory acts related to coaches’ uniforms, hotel accommodations and transportation, as described in (4) — (6), are associated with her complaint concerning a lack of “assistance” in coaching. (Def.s’ Ex. 2 to Pl.’s Dep. I.) In short, the court finds that these allegations are within the scope of the EEOC charge. The court now turns to the merits of Plaintiffs disparate treatment claim. To establish a prima facie case for disparate treatment, Plaintiff must prove: (1) that she was a member of a protected group, (2) that an adverse employment action took place, (3) that she and a similarly situated non-protected person received dissimilar treatment, and (4) that sufficient evidence exists to infer a nexus or causal connection between gender and the disparate treatment. See Bell v. Eufaula City Bd. of Educ., 995 F.Supp. 1377, 1385 (M.D.Ala.1998). The Board has not moved for summary judgment on the merits of Plaintiffs allegations contained in (3) — (6) above. (Br. at 26-27.) Thus, Plaintiff may proceed to trial on these disparate treatment allegations. The Board only attacks Plaintiffs disparate treatment theory based on allegations that, unlike her male counterparts, Plaintiff was required to attend all athletic club meetings and was not allowed to use the new lawnmower to “drag” the softball field. (Br. at 28-29.) Regarding the athletic club meetings, the Board does not dispute the first, second and fourth elements of the prima facie case; thus, the court finds for purposes of the Board’s Motion that Plaintiff has satisfied these three elements. The Board only challenges that Plaintiff cannot “show that she was treated differently from persons not in the protected class.” (Br. at 30.) Plaintiff asserts that Monday required Plaintiff to attend all school athletic club meetings; however, not all of the male coaches attended all of the meetings. (PL’s Dep. I at 52; PL’s Dep. II at 4-5, 9-10). The Board primarily asserts that Plaintiff has not presented any evidence that Monday did not require the male coaches to all attend. (Br. at 29-30.) The court disagrees. Plaintiff specifically asked Monday about “why [she] had been told to attend all of the meetings” when “it appeared that all of the male coaches were not necessarily all attending the meetings.” (PL’s Dep. I at 9-10.) According to Plaintiff, Monday told her that “various things had come up along the way, where some of the coaches ... had other things that they had to do, to take care of.” (Id.; Resp. at 5.) The court finds that based on Monday’s remarks, Plaintiff has raised a factual issue as to whether Monday also had a mandatory attendance requirement for the male coaches or whether the attendance requirement was relaxed for the male coaches. Accordingly, the court finds that Plaintiff has demonstrated a prima facie case. Thus, the burden now shifts to the Board. The Board has not come forth with any legitimate nondiscriminatory reason for Monday’s action. In fact, the Board has devoted no discussion to its burden in any of its pleadings. Therefore, the court finds that the Board has failed to meet its “ ‘exceedingly light’ ” burden. Meeks, 15 F.3d at 1021 (quoting Tipton, 872 F.2d at 1495); see generally Perdue v. City University of New York, 13 F.Supp.2d 326, 335-336 (E.D.N.Y.) (finding that the evidence supported the jury’s verdict under Title VII where testimony demonstrated that the female basketball coach was treated inferior to the male basketball coach; in contrast to the male basketball coach, the female basketball coach was required to launder team uniforms and clean the gym and had fewer assistant coaches and no team locker room.). Accordingly, summary judgment is due to be denied on Plaintiffs disparate treatment claim concerning her required attendance at athletic club meetings. As for Plaintiffs claim concerning the lawnmower, the Board again challenges the third element of Plaintiffs prima facie case. Plaintiff has not addressed this claim in opposing summary judgment. In resting on her pleadings, the court finds that Plaintiff has not met her burden on summary judgment of demonstrating disputed issues of material fact. See Celotex, 477 U.S. at 324, 106 S.Ct. 2548. Thus, the court finds that Plaintiff has abandoned this claim. See Resolution Trust Corp., 43 F.3d at 599. Additionally, the court has carefully studied the record, including Plaintiffs deposition, and agrees with the Board that there is no evidence demonstrating whether or not only Plaintiff, and not male coaches, was restricted from using this particular lawnmower. Accordingly, the court finds that summary judgment is due to be granted as to this allegation raised under a disparate treatment theory. D. Retaliation As discussed in Section I., Plaintiff asserts a retaliation claim under Title VII and Title IX. The Parties agree that to establish a prima facie case of retaliation under both Title VII and Title IX, Plaintiff must demonstrate that: (1) she engaged in “statutorily protected expression”; (2) that there was a “subsequent adverse employment action”; and (3) that “some causal relation” exists between the protected expression and the adverse action. Meeks, 15 F.3d at 1021. {See Resp. at 23; Br. at 24.) Plaintiff asserts that she was retaliated against for filing a charge of sex discrimination with the EEOC and based upon her “constant complaints” to Defendants “about the inequitable conditions that she and her female athletes were subjected to compared to the male coaches and the male athletes.” (Resp. at 23-24.) The Board argues that Plaintiff cannot meet the second prong of her prima facie case because she has not suffered an adverse employment action. (Br. at 31.) The court agrees for the reasons that follow and, thus, need not address the first and third prongs of the prima facie case. The alleged adverse employment action of which Plaintiff complains occurred on June 18, 1996, when the Board voted to involuntarily transfer Plaintiff to another school, where she would not be able to coach. (Resp. at 7, 24.) The Board asserts that Plaintiff did not suffer an adverse employment action because the Board ultimately rescinded its vote to transfer Plaintiff on June 25, 1996. (Br. at 31-33.) Plaintiff, on the other hand, argues that the Board’s initial vote to transfer her to a less desirable position was an adverse employment action, even though the Board’s vote was ultimately rescinded and never culminated in a change in her employment status. (Resp. at 24.) In support of this argument, Plaintiff relies on Wideman v. Wal-Mart Stores, Inc., 141 F.3d 1453 (11th Cir.1998). In Wideman, the plaintiff brought a Title VII retaliation case against her employer. The district court granted summary judgment i