LAS CRUCES, New Mexico (KTSM) – After a lawsuit naming New Mexico State University, three former men’s basketball players and two former coaches alleging sexual assault was filed by two former members of the team, state leaders in New Mexico have instructed the university to re-evaluate some of its processes, according to documents obtained by KTSM.
In a letter to NMSU from the New Mexico Higher Education Department on April 24, the school was asked to re-evaluate how hazing, violence, abuse and corruption are handled by the university. The school responded in kind with its own letter relaying how it intends to address the state’s concerns. The Las Cruces Sun-News was the first organization to report the news.
The letter from Higher Education Department Cabinet Secretary Stephanie Rodriguez to the NMSU Board of Regents and Interim Chancellor Jay Gogue directs NMSU to take swift action to address the concerns surrounding the basketball program and the athletic department as a whole.
“In light of new information regarding the horrific hazing incident in the New Mexico State University’s Men’s Basketball Program and multiple students coming forward with serious concerns about a culture of corruption within the university’s athletic program,” Rodriguez wrote.
The HED Secretary also instructed NMSU to conduct a new, independent investigation of, “all university-sponsored athletic programs, including the current leadership, coaches, and coaching staff, to identify the extent of misconduct and protect any student who comes forward with information or concerns without retaliation. This investigation should include a rigorous review of personnel, policies, documented complaints, and discipline.”
On Wednesday, KTSM learned that NMSU had retained Lightfoot, Franklin and White LLC, a law firm based in Birmingham, Ala. It is the same firm that conducted an investigation at Penn State in 2012 following rape and sexual assault allegations against Jerry Sandusky that ultimately resulted in the firing of head coach Joe Paterno for his knowledge of what went on.
The letter also tells NMSU to take a look at comments made by former NMSU guard Deuce Benjamin, who said he was told by new head coach Jason Hooten that it was in his best interest to leave the program. Benjamin is one of three plaintiffs in the lawsuit filed against NMSU, along with his father William and fellow former player, Shakiru Odunewu.
The HED Secretary asks NMSU to look into Benjamin’s claims for potential retaliation by Hooten and the school.
“The university should open another independent investigation regarding Coach Hooten’s comments recommending that a student continue his basketball career elsewhere, dismissing the legitimate concerns of the student, and potential retaliation,” Rodriguez wrote.
In an interview with KTSM last week, Hooten said that his first team at NMSU in 2023-24 would be entirely different from the 2022-23 squad.
“It’s a challenge, I knew there was a chance coming in that that might happen, but I think it’s best for everyone involved,” Hooten said at the time.
The state asked for a written response no later than May 1, with answers to the following concerns:
- What is the university doing to address and resolve this matter
- The results of the new independent investigation of the Men’s Basketball Program surrounding the recent alleged comments and decisions made by the new coaching staff that on their face appear to be retaliatory; and
- A detailed plan for an independent investigation of the university’s athletic program, including all university-sponsored athletic programs, current leadership, and personnel, in addition to a rigorous review of personnel at all levels, policies, documented complaints, and discipline within the athletics program.
The letter then instructs NMSU to implement a new system to report incidents that also are sent to the Chancellor, the Athletic Department and the state.
“The current culture and climate in New Mexico State University’s athletics program does not reflect values under which the university was established nor the standard that New Mexico students deserve. We must ensure that all New Mexico students are safe and fully supported at all times. We expect that New Mexico State University will step up to uphold that duty to our students and New Mexicans,” Rodriguez wrote.
In a response letter to Rodriguez dated April 27, interim chancellor Gogue wrote, “The Board of Regents and I look forward to continuing our collaboration with you and your department as we work through our current situation. Please know that New Mexico State University is committed to restoring integrity in our basketball program and to working together to ensure our entire university is moving forward.”
NMSU has hired Greenberg Traurig to investigate the allegations of hazing and sexual assault. According to the letter from NMSU to the state, they expected to receive the findings of that investigation on or about May 1. As of Monday afternoon, NMSU officials told KTSM that they hadn’t received them yet.
Additionally, the school told the state that it would, “launch a full-scale investigation of the Athletics department including all NCAA sponsored sports and athletic department personnel,” on or about May 1.” That includes a separate investigation into Hooten’s alleged comments to Benjamin for possible retaliation. The university issued responses to each of the state’s three bullet point questions. The answers to those questions can be found here:
- What is the university doing to address and resolve this matter?
a. NMSU shares your sentiments in ensuring a safe environment for all students. Please see
attached timeline that demonstrates actions the university has taken after being notified by the NMSU Police Department. This timeline also shows events that will occur over the summer and into the fall.
- The results of the new independent investigation of the Men’s Basketball Program surrounding the recent alleged comments and decisions made by the new coaching staff that on their face appear to be retaliatory; and
a. As you may be aware, NMSU, through its University General Counsel office (“UGC”), has
commissioned the Greenberg Traurig (“GT”) law firm to conduct an independent and
confidential investigation of the allegations of hazing occurring among student-athletes and other persons associated with the Men’s Basketball Program (the “Hazing Investigation”). NMSU will also request that GT open a separate investigation specifically to look into the interaction between Coach Hooten and the player. We will ask them to expedite their efforts in order to provide you with the information as timely as possible. - A detailed plan for an independent investigation of the university’s athletic program, including all university-sponsored athletic programs, current leadership, and personnel, in addition to a rigorous review of personnel at all levels, policies, documented complaints, and discipline within the athletics program.
a. The Board of Regents met on Tuesday, April 25 evening for the purpose of discussing pending litigation and limited personnel matters. The have charged me with securing a reputable firm/agency to complete a full investigation of our 16 NCAA sponsored athletic programs and all athletic personnel as noted above. We are in the procurement stages and I expect the firm to begin next week. I will meet today, April 27, with the entire coaching staff, athletics leadership team and student leaders to discuss this work. I will demand full cooperation from all of athletics staff and coaches. We will provide updates to you as soon as the work is complete. I anticipate the investigating agency to be on campus next week and complete their work within three weeks.
The news comes three days after New Mexico Governor Michelle Lujan Grisham announced that she would pursue legislation to criminalize hazing and abuse, following NMSU and Eastern New Mexico being named in recent lawsuits.
The New Mexico State University men’s basketball team was rocked by hazing and sexual assault allegations this past season — allegations that led to the school ending the basketball season early and firing first-year men’s basketball coach Greg Heiar.
On April 19, two NM State players filed a lawsuit against against the NMSU Board of Regents, Heiar, Assistant Coach Dominique Taylor and three former NMSU players alleging hazing and sexual assault within the program.
The plaintiffs in that lawsuit will hold a press conference on Wednesday at 10 a.m. to discuss the lawsuit with their attorneys.
Last week, three former members of the Eastern New Mexico University women’s basketball team are suing the university, including the athletic director, as well as the former head coach and her spouse, after an alleged series of sexual assaults and a lack of action by university officials.
Former New Mexico State and New Mexico men’s basketball coach Paul Weir is the current athletic director at Eastern New Mexico and is named in the lawsuit filed by the three former women’s basketball players.
