New Mexico Attorney General calls for anti-hazing law after NMSU investigation

Attorney General Raúl Torrez is calling for anti-hazing legislation after a lengthy investigation into sexual assault and hazing within the men’s basketball program at New Mexico State University.

New Mexico is one of six states that doesn’t have an anti-hazing law, according to a report of findings from the New Mexico Department of Justice’s investigation.

The findings of the investigation were set to be publicly released Thursday.

“The lessons learned at NMSU demonstrate that statewide action is necessary and that now is the time for the New Mexico Legislature to act,” according to the report.

The report did not give specifics of what the legislation would entail but, generally, outlined that it needs to account for criminal penalties for offenders, civil remedies for victims and requirements that educational institutions take proactive measures.

Two anti-hazing bills were filed during this year’s 30-day legislative session, but neither made it across the finish line.

The report and its findings, compiled by Torrez’s Special Counsel Sean Sullivan, said the “sexual assaults perpetrated by three NMSU men’s basketball players did not occur in a vacuum but were reflective of a more pervasive toxic culture throughout the program.”

“There were ample opportunities for those around the team to observe this toxic culture as it was developing, but they failed to effectively intervene and prevent it. This inaction was compounded by inadequate institutional preventative safeguards,” according to the report.

NMSU spokeswoman Amanda Bradford said in a statement Wednesday that they were still in the process of reviewing Torrez’s report in detail.

“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,” Bradford said. “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.”

The NMSU case came to light in dramatic fashion in February 2023, with the school abruptly canceling the men’s basketball season and firing head coach Greg Heiar.

NMSU went on to settle a civil lawsuit with two former players for $8 million, and at least two other players and a student manager have filed a separate civil suit, which is ongoing, claiming they too were victims of sexual assault.

Criminally, former NMSU basketball players Kim Aiken Jr., Doctor Bradley and Deshawndre Washington were each indicted in November on charges of rape, false imprisonment and conspiracy, among other charges.

Aiken and Bradley have accepted plea deals offered by Torrez’s office, foregoing jail time to testify against Washington, the alleged “ringleader.”

Torrez’s office opened its investigation after multiple teammates alleged they were hazed by the trio between August 2022 and November 2022.

‘Didn’t emerge by chance’

According to the report, the hazing incidents, which were of a sexual nature, stemmed from a culture “that didn’t emerge by chance and wasn’t created overnight,” but were “reflective of a toxic environment in which all parties involved bear responsibility.”

“The culture was produced through an Athletic Department that avoided obvious red flags in coaching hires and recruiting targets,” the report states. “It was characterized by coaches who took a hands-off approach to both supervision and discipline, which was ultimately exploited by individual bad actors.”

Furthermore, the initial allegations met a response from NMSU that “was impeded by personnel deficiencies in key areas and/or a lack of sufficient urgency in addressing the problems,” according to the report.

The report included nearly three dozen recommendations to NMSU to address issues around hazing: earmark funding to sustain anti-hazing efforts, elicit regular student feedback, increase resources and collect data on hazing; streamline anti-hazing policies and training; improve player recruiting and coach hiring practices and foster a team culture “rooted in mutual respect, concern for athlete wellbeing and accountability.”

The school has since begun making significant improvements in many areas, the report states, with more focus on hazing education, prevention and response.

“What occurred to the victims on the men’s basketball team in 2022-23 was a tragedy,” according to the report. “If those events can serve as the impetus for enacting common sense reforms and reorienting the institutional perspective back to the individual student, their legacy will be protecting future generations of students and athletes against the dangers of hazing and sexual assault.”