This article contains descriptions of sexual assault and harsh language. Sensitive readers are urged to read with caution.
New Mexico State University fell short in protecting student athletes from hazing and sexual assault during the 2022-2023 men’s basketball season, according to a New Mexico Department of Justice report released to the Sun-News.
The report, titled ‘Title IX and hazing on campus: Lessons learned from New Mexico State University,’ cited “lax oversight and discipline” in NMSU’s student safety programs that “failed to deter” former Aggies players DeShawndre Washington, Doctor Bradley and Kim Aiken Jr. from allegedly sexually assaulting at least four of their former teammates and two student managers. The assaults were initially described by the university as hazing when first reported and ultimately resulted in the shut down the NMSU men’s basketball season in February 2023.
In a statement to the Sun-News, NMSU confirmed it had received the report from the New Mexico Department of Justice.
The DOJ’s report also acknowledged the university’s efforts to improve its safety programs and protocols in the wake of the incidents. It also called for anti-hazing legislation to be passed during the upcoming 60-day Legislative session in Santa Fe. New Mexico is one of six states without such laws.
“We have received the attorney general’s report and are currently in the process of reviewing it in detail,” NMSU’s statement read. “We are pleased that the Attorney General acknowledged the work we have done to enhance training and put safeguards in place to help ensure a situation like this never happens again. The report also notes areas for additional improvement and provides recommendations for measures to further protect and support our students. We are committed to giving the detailed report and its recommendations careful review and consideration, and we look forward to continuing the collaborative effort to ensure the safety and well-being of our students.”
More: Three former New Mexico State basketball players found to have violated school Title IX policy
NMSU hazing scandal culminates in criminal charges, civil lawsuits
The allegations have resulted in severe consequences for university personnel and the former Aggies players.
Dan Arvizu, then NMSU chancellor, fired men’s basketball head coach Greg Heiar for cause in February 2023.
Criminal charges were filed in November 2023 against the three former players. Multiple civil lawsuits were also filed against the former players, Heiar, former assistant coaches, Director of Athletics Mario Moccia and the NMSU Board of Regents.
The three players initially pleaded not guilty to multiple felony sexual assault charges following a New Mexico Department of Justice investigation. Bradley and Aiken took plea deals in the past two months in which they received probation in exchange for testimony against Washington. Washington currently faces trial in February.
One civil lawsuit was settled, awarding former players Deuce Benjamin and Shakiru Odunewu, as well as Aggies Hall of Famer William Benjamin, a combined $8 million in June 2023.
At the same time the AG’s office filed criminal charges, New Mexico Attorney General Raúl Torrez announced a broader investigation regarding the university’s response to the alleged assaults.
Just over a year later, that investigation culminated in a 68-page report.
What’s in the AG’s report?
Instances of sexual assault within the NMSU men’s basketball program occurred between July 2022 and February 2023, according to court records.
The AG’s report described an incident in November 2022 when the men’s basketball team attended a tournament in Las Vegas, Nevada. In a hotel room without coaches or staff present, multiple NMSU basketball players allegedly surrounded a student manager and told him to pull down his pants. The report states that cell phone video taken by one of the players show the student manager forced to do jumping jacks.
“This is some Title IX shit,” the student manager said in the video, according to the report.
An unnamed basketball player responded by saying, “We don’t believe in Title IX. Don’t fuck with me. Let’s go.”
The incident was one of several throughout the report that referred to Title IX shortcomings at the university and was the focus of both areas of concern listed in the report and recommendations to NMSU.
The areas of concern identified were institutional governance and student engagement, policies, reporting, training, athletics department culture and recruiting practices, resources for sexual assault victims and coordination between university components.
Each area of concern included a list of additional recommendations “to ensure sexual assault and hazing education, prevention and intervention remain an institutional priority.”
The highest priority recommendations for NMSU listed in the report included:
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Developing written guidelines to govern the coordination between the Athletic Department, Office of Institutional Equity and Dean of Students personnel, specifically related to reports of student-athlete hazing and sexual violence.
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Instituting recurring Title IX and anti-hazing training for all University students and staff, regardless of athletic or student organization affiliation.
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Employing consistent disciplinary measures for student-athletes proportional to the severity of the misconduct.
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Requiring additional and consistent scrutiny of recruiting practices and standards for both athletic coaches and players.
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Securing a commitment from senior leadership to prioritize and communicate awareness efforts, policies, reporting options and programming designed to prevent sexual assault and hazing, and to provide adequate personnel and funding to the Office of Institutional Equity and other University safety programs.
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Creating a resource center for sexual violence education and prevention, and enhancing confidential victim advocate services.
The investigation and review considered policies and procedures, reporting practices, training, victims services and protocols at universities nationwide. It included the review of 12,000 pages of documents, 23 employees with knowledge of NMSU’s practices, including Board of Regents members, athletic department leaders, the Dean of Students, Executive Director of the Office of Institutional Equity, student athletes, coaches and team staff members.
“The environment within the program was the byproduct of many decisions and pivotal moments over the course of several months,” read the AG’s report, prepared by Department of Justice Special Counsel Sean Sullivan.
“The culture was produced through an Athletic Department that avoided obvious red flags in coaching hires and recruiting targets. It was characterized by coaches who took a hands-off approach to both supervision and discipline, which was ultimately exploited by individual bad actors. When reports were made, the institutional response was impeded by personnel deficiencies in key areas and/or a lack of sufficient urgency in addressing the problems.”
The report noted turnover at key leadership positions, as well as an understaffed and inexperienced OIE staff. The University recently hired Dr. Valerio Ferme as NMSU President, who is the first permanent leader atop the organization since April 2023.
In an email response, a NMSU spokesperson informed the Sun-News that Ferme will be reviewing the AG’s report and working closely with interim President Monica Torres and will be involved in any university response.
“Since 2022-23, NMSU has embarked on significant improvements in many areas,” the report read. “There has been a dedicated and sincere attention to sexual assault and hazing education, prevention and response. There is more work to do, and the NMDOJ believes the recommendations contained in this report and in proposed legislation will assist the University in achieving a supportive and safe campus for all of its students.”
More: COMMENTARY: Was it personnel or process that derailed Aggies basketball?
AG report latest investigation regarding incidents that derailed 2022-23 NMSU men’s basketball season
Since February 2023, New Mexico State University conducted three independent investigations that the school was either required to conduct or did so as a result of the allegations. The school has enacted educational programs regarding hazing, reformed reporting procedures for students and created hazing oversight groups that reports to leadership.
Additionally, a report commissioned by the Office of Institutional Equity found that Washington, Bradley and Aiken Jr., were found to be responsible for violating NMSU policy regarding sexual harassment, sexual assault (fondling) and conduct that has the purpose or effect of interfering with a victim’s academic or work performance or creating a hostile environment.
The Higher Education Department also requested an action plan from the university. Many of the investigation findings addressed increased training and education for administration, staff and students, and a review of internal policies related to reporting incidents and updating associated processes.
In July 2023 the Sun-News received a 77-page investigation titled ‘Final Investigative Report’, commissioned by NMSU and also a product of the OIE; however, all but nine pages were completely redacted as the university cited federal privacy laws.
That report noted that two instances of possible Title IX violations were reported to OIE involving members of the basketball team. The first was when the OIE office received a phone call on or about Jan. 3, 2023 reporting a concern that was brought to their attention on Dec. 31, 2022. The report also said additional victims were identified, but were not responsive when contacted by OIE. The second came after Deuce Benjamin filed a New Mexico State University Police report on Feb. 10, 2023 alleging multiple incidents that were described as hazing at the time.
“Thereafter, OIE sent the student-manager an email, but the email made the student-manager feel like he had done something wrong,” the AG report read. “The student-manager was confused about why OIE would blame him and did not respond to the email. It’s unclear what the OIE did next, if anything, but what is clear is that hazing behavior continued unabated until the abuse inflicted on Benjamin on February 6, 2023, prompting his formal report to NMSU police four days later.”
Report suggests additional scrutiny of coaching hires, recruiting practices and AD contracts
Pending the outcome of the AG’s investigation, the salary of current Athletics Director Mario Moccia has been paid since May 16, 2023 through athletic foundation funds rather than university funds which are allocated by the State, at the demand of state leaders following a May 2023 letter from Higher Education Department Cabinet Sec. Stephanie Rodriguez. Moccia’s five-year contract extension and pay increase as the New Mexico State Athletic Director officially took effect on July 1, 2023. The contract pays Moccia a base salary of $371,800 this year and will increase to $391,800 next year, increasing to $435,000 in 2027.
The report said that as of Oct. 14, 2024, the AAC remained the funding source of Moccia’s contract.
The Sun-News attempted to reach a HED spokesperson via phone call and text message to determine if that was still the case, but did not hear back by press time.
“Any decisions regarding funding for the athletics director’s contract would be made only after we’ve had an opportunity to more carefully review the report and its findings,” NMSU said in a statement.
Moccia was mentioned by name 24 times throughout the report, most notably regarding his role in responding to allegations, his contract, hiring practices of coaches and the recruitment of athletes whose records contained previous criminal incidents.
At least two players on the 2022-23 NMSU men’s basketball team had prior felony convictions, including Washington, who had a conviction in Illinois for aggravated unlawful use of a weapon and was on probation while playing for Heiar at Northwest Florida State College before transferring to NMSU when Heiar was hired.
The report cited recent NCAA rule changes in 2022-2023 that mandated schools to take steps to confirm whether incoming, continuing or transfer student-athletes have been disciplined through a Title IX proceeding, or criminally convicted of sexual, interpersonal or other acts of violence.
The University has since created a a “Student-Athlete Conduct Attestation Form,” which requires athletes to disclose criminal convictions and Title IX information.
“If NMSU decides against a zero-tolerance policy towards recruits with felony or violent misdemeanor convictions, the existing student conduct attestation form should be augmented to elicit criminal history information beyond the required sexual, interpersonal or other violence categories,” the AG report read.
Listed among recommendations regarding concerns involving athletic department culture and recruiting practices, the report suggested NMSU demands further scrutiny in coaching hires and re-evaluate athletic director contracts to require that “lapses in program management leading to sexual assault or hazing of athletes yields termination for cause.”
The report describes a discrepancy in Moccia’s contract compared to a standard coaching contract that allows a coach to be fired for cause “for serious or intentional violations of the rules or policies by the coach or anyone under their supervision or direction, including student athletes if they knew or should have known of the violation.”
Moccia’s contract is more lenient, according to the report. Moccia can be fired for cause only if a finding that he “seriously or intentionally violated the rules or actively approved, supported or joined in any serious or intentional violation of the rules by any program staff or student-athletes.”
“Athletic directors should be held to the same standard as coaches in their responsibility for others conduct about which they should have known,” the AG report read.
Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on X @jpgroves.
This article originally appeared on Las Cruces Sun-News: AG releases NMSU hazing report, urges anti-hazing legislation