UNM settles lawsuit in case linked to Davie suspension - Albuquerque Journal

UNM settles lawsuit in case linked to Davie suspension

The University of New Mexico has settled a lawsuit brought by a woman who alleged the university didn't properly handle the investigation after she reported that she was raped by a former Lobos football player.

The lawsuit was one of the cases that led the university to suspend football coach Bob Davie in 2018. Davie and UNM recently announced that they are parting ways.

The university's Board of Regents is expected to vote on an agreement between UNM and Davie next week that will allow the coach to collect what is expected to be a hefty payout in exchange for him leaving his coaching position with two years left on his contract.

The lawsuit was filed in January in U.S. District Court by Teriana Bagley, a former UNM student, against the University of New Mexico Board of Regents. Court documents indicate that the school and Bagley reached a settlement on Oct. 31.

“The Settlement Agreement requires the State of New Mexico Risk Management Division to issue a settlement check to 'Hall & Monagle, LLC FBO Teriana Bagley,' ” according to a document filed this week.

The documents don't indicate how much UNM agreed to pay to settle the case.

UNM didn't disclose the amount of the settlement or offer additional comment on the case.

The university is operating under an agreement with the Department of Justice that aims to improve how UNM handles sexual misconduct reports.

“As in all cases involving sexual assault and rape, whether on college campuses, or adults dealing with the lifelong effects of childhood sexual abuse from decades earlier, or from any non-consensual power-driven sexual misconduct, my heart goes out to victims,” said Brad Hall, Bagley's attorney. “I am happy to help them fight back as best I can, as merely a lawyer. Financial compensation provides very little therapy, but if legal recovery can marry therapeutic recovery in some fashion, then something like closure and justice might be achieved. In this case, our client fought back bravely, resolved her Title IX claims with the help of a Federal Mediator, and is moving on.”

State law prohibits the disclosure of Risk Management Division settlements within 180 days. After the six-month waiting period, however, the documents can be released under the Inspection of Public Records Act.

Independent journalist Daniel Libit first reported the settlement on local radio Wednesday morning.

Bagley's lawsuit said UNM protected her alleged rapist, and allowed him to finish his season and graduate. It also alleged that Davie called a team meeting and told players “they need to protect” and “get some dirt on this whore,” and to report back to him rather than to school officials and police.

The lawsuit claims that Davie and other players tried to cover up the allegations, discredit Bagley and retaliated against her. She filed a complaint with the university's Office of Equal Opportunity, and the suit contends the office was slow to investigate the matter and created a hostile educational environment for Bagley.

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