Ethermac|Report: Ex-New Mexico State basketball coach says he was unaware of hazing within program

According to an ESPN.com report,Ethermac former New Mexico State men's basketball coach Greg Heiar said he was, "a sacrificial lamb" and unaware of the hazing allegations within his program that ultimately led to his termination for cause in February.

ESPN cited arbitration documents obtained by the organization. The Las Cruces Sun-News, part of the USA TODAY Network, has reached out to Albuquerque firm Danoff Law Firm, who is representing Heiar in the arbitration proceedings, but did not receive a response Wednesday.

According to the ESPN story, NMSU, "denied the bulk of the former head coach's allegations," according to the arbitration documents, but it also said the coach "refused to cooperate" with the hazing investigation prior to his termination for cause.

The report detailed a student manager's father discussing a hazing incident with a NMSU administrator on Dec. 31, 2022. The administrator contacted the school's Office of Institutional Equity on Jan. 3 and the school, "did not inform Heiar about the allegations within his program because of Title IX and school policies."

The Sun-News requested all completed Title IX investigations regarding New Mexico State basketball last winter.

More:New Mexico State settles lawsuit with former basketball players for $8 million

On Feb. 10, 2023, more than a month later, former NMSU player Deuce Benjamin reported assaults against him to New Mexico State University Police. NMSU Police issued a report listing possible criminal charges of false imprisonment, criminal sexual contact and harassment.

The New Mexico Attorney General's office is investigating sexual assault allegations against former New Mexico State University basketball players DeShawndre Washington, Doctor Bradley and Kim Aiken Jr. as well as the university's response to the alleged assaults.

In April, Benjamin, his father William Benjamin and former player Shakiru Odunewu filed a lawsuit where they alleged that they were sexually assaulted by three teammates and that despite reporting it to coaching staff, including Heiar, nothing was done.

The lawsuit was settled in June for $8 million. According to the complaint, Odunewu met with investigators and informed them of the abuse and the fact that he had reported the abuse to members of the coaching staff, including Heiar.

More:New Mexico State settles lawsuit with former basketball players for $8 million

According to the lawsuit, former players DeShawndre Washington, Doctor Bradley and Kim Aiken Jr., forced Odunewu "onto the floor in the back of the bus. Aiken and Bradley pinned him down and pulled his pants and underwear down to his ankles. … They slapped his bare buttocks and he felt fingers inserted into his anus while his scrotum was simultaneously squeezed."

According to the court documents, Heiar and the coaching staff were present on the bus, though seated at the front. In response to the assault taking place, one of the coaches turned around and yelled out, "Stop playing around," the lawsuit alleged.

According to the ESPN report, Heiar, "said he was in settlement talks with the school after his team's season was canceled and rescheduled an interview with Title IX investigators about the hazing allegations, days before his firing, because his former lawyer had been unavailable. He said he was terminated without the completion of the investigation."

The school responded by saying it did not have to finish its investigation but said Heiar failed in his responsibilities to cooperate in the investigation, according to ESPN.

The ESPN report cited a list of allegations against NMSU and Athletic Director Mario Moccia, including the deadly shooting in Albuquerque that involved former Aggies player Mike Peake, who fatally shot University of New Mexico student Brandon Travis in self-defense.

Heiar said Moccia was at his house when Heiar received video that showed a fight at Aggie Memorial Stadium involving Peake, former player Marchelus Avery and Travis during an October football game between New Mexico and NMSU that proved to be the genesis of the shooting a month later in Albuquerque.

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Moccia allegedly smiled and said, "whooping up on some Lobos," according to ESPN. Heiar also said he was not allowed to discipline his players who later turned out to be at the scene of the shooting and that Moccia said, "We just need to win, win, win. This will all go away but we do not need any more bad media at this point; we are on thin ice, getting thinner."

According to ESPN, "NMSU said Heiar never lost his authority to discipline players during the 2022-23 season and that the school "only made suggestions regarding basketball related discipline because (Heiar) failed to act."

Moccia declined to comment.

Heiar has since been hired by Mineral Area College as head coach.

Shortly after the lawsuit was settled, the Sun-News learned that Heiar and the University are preparing for binding arbitration. Through his attorney, Heiar proposed voluntary non-binding mediation but NMSU declined. Heiar's contract requires disputes to be settled through binding arbitration.

Heiar's contract would have paid him $300,000 for the 2022-23 season and was the first year of a five-year contract when he was hired in March of 2022.

He was fired for cause with the University citing three instances where he breached the agreement:

• Material, significant or repetitive violation or breach by Coach of this agreement, or of the Rules, or of University policy, rules or regulations.
• Coach's actions or inactions, which permit, encourage or condone fraudulent or dishonest acts by any person in any matter relating to any matter relating to the Program or compliance with the rules, provided that Coach had actual knowledge of such fraudulent or dishonest acts or reasonably should have known about such fraudulent or dishonest acts.
• Comission of, or participation in, by Coach of any act, situation or occurrence which, in University's reasonable judgment, brings Coach into public disrepute, contempt, scandal or ridicule ... .

Jason Groves can be reached at 575-541-5459 or [email protected]. Follow him on Twitter @jpgroves.