Final Report

Office of Equal Opportunity Report

Complaining Party: Zoe McCall, a senior ROTC cadet at Texas Tech University (TTU).
Responding Party: Major Nicholas Baker, an instructor in Military Science and part of the ROTC cadre at TTU.
Incident Date: September 7, 2024, during a field training exercise (FTX) in Post, Texas.
Nature of Complaint: Third-party report of sexual harassment based on inappropriate comments made by Responding Party about sex and tattoos.

Instructor Paul Livermore submitted a report on September 17, 2024, after Complaining Party confided in him.
Allegations included comments such as tattoos being "sexy" and insinuations regarding sexual favors for career advancement.

September 18, 2024: The Office of Equal Opportunity informed Complaining Party about the process for filing a complaint.
September 22, 2024: Complaining Party formally filed a sexual harassment complaint.

No contact order was initiated between the parties; Responding Party was limited to administrative duties from home during the investigation.

Investigator interviewed nine individuals, including both parties and witnesses, to gather detailed accounts of the incidents during the FTX.

Initial friendly interactions escalated to inappropriate comments by Responding Party regarding sex at various points during the day.
Complaining Party felt uncomfortable with comments about her tattoos and the implications related to her age and experience.

Various cadets observed Responding Party's behavior; some confirmed the inappropriateness and sexual nature of his comments.
Other cadets felt Responding Party was overly friendly or flirtatious, especially towards female cadets.

Comments Were Inappropriate: While some interactions were friendly, the nature of several comments was deemed highly unprofessional.
Policy Violation: It was determined Responding Party's conduct, while inappropriate, did not rise to the level of a policy violation according to TTUS Regulation 07.06B.
Recommendations: Address inappropriate behavior to prevent recurrence, especially concerning discussions about alcohol and relationships with cadets.

The investigation indicated a pattern of inappropriate comments by Major Baker, illustrating a lack of professionalism expected of a cadre member. The findings stress the importance of maintaining appropriate boundaries in educational settings.