FILED

3rd JUDICIAL DISTRICT COURT

Dona Ana County
STATE OF NEW MEXICO 11/6/2023 12:48 PM
COUNTY OF DOÑA ANA BERNICE A. RAMOS
THIRD JUDICIAL DISTRICT COURT CLERK OF THE COURT
Sandra Aguirre

KYLE FEIT, JOHN DOE I,

and JOHN DOE II,

Plaintiffs,
No. D-307-CV-2023-02433
v. Judge Arrieta, Manuel I.

BOARD OF REGENTS OF NEW MEXICO

STATE UNIVERSITY, MARIO MOCCIA,
GREG HEIAR, DOMINIQUE TAYLOR,
KIM AIKEN, JR., DOCTOR BRADLEY, and
DESHAWNDRE WASHINGTON,

Defendants.

COMPLAINT

Plaintiffs Kyle Feit, John Doe I, and John Doe II, appear by and through

undersigned counsel, Joleen K. Youngers and Willie L. Marsaw, and for their Complaint,

state:

Preliminary Statement

Students should not face guns and sexual assault in collegiate athletic programs

– not in locker rooms, not on road trips, and not in any setting or activity associated with

their team. Student athletes and student volunteers have the right to be free from

degrading, violent and offensive conduct when they participate in collegiate athletic

programs. Team players and volunteers should not suffer physical harm, humiliation,

trauma and fear of continued assaults or worse, heightened by the presence of guns in

the locker room and on the players.

When the behavior goes too far, and crosses the line into nonconsensual touching,

it is not “play” or hazing; it is battery and sexual assault. When the behavior is perpetrated
by athletes carrying guns inside and outside the locker room, an additional level of threat

and power is deployed. When the behavior becomes commonplace on campus and on

the road, athletes are victimized by their teammates and face danger, assault and abuse.

And when coaches, athletic departments and universities do not take adequate action to

prevent or stop such behavior, they fail their student athletes and are complicit in the

abuse.

It was just such behavior that caused the filing of this lawsuit, the firing of a coach,

and the mid-season shutdown of New Mexico State University’s successful Division 1

basketball program. NMSU seeks a new era with the hiring of a new coach and the

abandonment of all players formerly on the men’s basketball team. The page is not so

easily turned for those victimized, including the three young men bringing this lawsuit.

They seek justice. Like two players who filed a lawsuit before them, they speak out not

only for their own benefit, but to help put an end to such needless and harmful behavior

in collegiate athletics.

The Parties, Jurisdiction and Venue

1. At the time of the events giving rise to this lawsuit, Plaintiff Kyle Feit resided in

Las Cruces, Doña Ana County, New Mexico. He was a student at New Mexico

State University (“NMSU”) and a member of the NMSU basketball team during

the 2022-2023 academic year.

2. Plaintiff John Doe I also resided in Las Cruces, New Mexico at the time of the

events giving rise to this lawsuit. He attended NMSU and was a member of the

NMSU basketball team during the 2022-2023 academic year.

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3. Plaintiff John Doe II currently resides in Las Cruces, Doña Ana County, New

Mexico and attends NMSU. He was a volunteer student manager of the NMSU

basketball team during the 2022-2023 academic year.

4. Plaintiffs John Doe I and II (collectively “Doe Plaintiffs”) are using fictitious

names because of significant privacy interests and the threat of harm implicated

by the disclosure of their identity, given that this case involves sexual abuse and

given that both are still engaged in athletic and academic pursuits at institutions

of higher learning. On balance, the Doe Plaintiffs’ privacy interests and threat of

harm outweighs the public’s interest in disclosure.

5. While Plaintiff Kyle Feit shares the concerns of his fellow plaintiffs, his interest

in speaking out and holding all of the defendants accountable outweighs his

desire to protect his personal privacy interests.

6. Defendant Board of Regents of New Mexico State University (“Defendant

NMSU” or “NMSU”) is a body corporate, established pursuant to the laws of the

State of New Mexico, which operates New Mexico State University and is

authorized to sue and be sued in its capacity as operator of the university.

NMSU’s main campus and sports facilities are in Las Cruces, New Mexico.

7. Defendant Mario Moccia has been employed by NMSU as its Athletic Director

since 2015 and resides in Las Cruces, Doña Ana County, New Mexico.

8. At all times material to the claims alleged in this lawsuit, Defendant Mario

Moccia (“Moccia” or “AD Moccia”) acted within the course and scope of his

employment with NMSU.

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9. Moccia’s contract has been twice extended with generous raises and a buyout

clause, the most generous of which was granted after public disclosure of the

abusive acts that victimized members of the men’s basketball team.

10. Despite being employed by NMSU, since mid-May, 2023, Moccia’s salary has

been paid by the Aggie Athletic Club, a philanthropic arm of NMSU Athletics.

Moccia is no longer paid with state funds at the demand of New Mexico’s

Governor and Secretary of the New Mexico Higher Education Department.

11. As the NMSU Athletic Director, Moccia is charged with management and

supervision of all athletic programs, including the men’s basketball program. He

must ensure knowledge of and compliance with all NMSU policies and rules, as

well as the rules and directives of the National Collegiate Athletic Association

(NCAA0 and the Athletic Conference.

12. At the time of the events giving rise to the lawsuit, Defendant Greg Heiar was

Head Coach of the NMSU Basketball team. He then resided in Las Cruces,

Doña Ana County, New Mexico.

13. At all times material to the claims alleged in this lawsuit, Defendant Greg Heiar

(“Heiar” or “Coach Heiar”) acted within the course and scope of his employment

with NMSU.

14. As Head Coach, Heiar was responsible for providing team leadership and

ensuring that student athletes abide by NMSU rules and the Student Athletes;

Code of Conduct, among other duties. As part of his contract with NMSU, Heiar

was to ensure that “the coaching staff and student athletes exercise good

sportsmanship and appropriate social conduct at all times.”

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15. At the time of the events giving rise to the lawsuit, Defendant Dominique Taylor

was Associate Head Coach of the NMSU Basketball team and resided in Las

Cruces, Doña Ana County, New Mexico.

16. At all times material to the claims alleged in this lawsuit, Defendant Dominique

Taylor (“Taylor”) acted within the course and scope of his employment with

NMSU. He shared the duties of Coach Heiar with respect to ensuring that

Student Athletes conducted themselves in accordance with applicable rules and

the Code of Conduct.

17. At the time of the events giving rise to the lawsuit, Defendants Kim Aiken, Jr.

(“Aiken”), Doctor Bradley (“Bradley”) and Deshawndre Washington

(“Washington”) were players on the NMSU Basketball team who resided in Las

Cruces. They received full-ride athletic scholarships, to include not only tuition

and books, but also room and board. Beyond tuition, books, room and board,

Deshawndre Washington received $5,000 per month in NIL payments and

Doctor Bradley received $3,500 in NIL payments. All of these monies were paid

to each Defendant contingent on their agreement to play on the NMSU men’s

basketball team.

18. At all times material to the claims alleged in this lawsuit, Defendants

Washington, Aiken, and Bradley acted within the course and scope of their

appointment and contractual relationship with NMSU as scholarship athletes,

as well as their agency or employment with NMSU. There was a connection

between their actions at the time of the incidents complained of herein and their

role on the men’s basketball team.

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19. Most of the events alleged in this Complaint occurred in Doña Ana County, New

Mexico.

20. Immunity has been waived pursuant to NMSA 1978, Section 41-4-6 of the New

Mexico Tort Claims Act for the negligence claim against Defendant NMSU.

21. NMSU received actual and constructive notice of tort claims pursuant to the

New Mexico Tort Claims Act, NMSA 1978, Section 41-4-16 (2007).

22. NMSU is vicariously liable for the acts and omissions of all individual Defendants

and is jointly and severally liable for the actions of all Defendants.

23. This Court has jurisdiction over the parties and subject matter of this lawsuit.

24. Venue is proper pursuant to NMSA 1978 § 38-3-1(G).

Background Facts

NMSU Basketball Program

25. For decades, the NMSU Division 1 men’s basketball team has brought the

community of Las Cruces to campus and has put NMSU on the national map.

Winning matters to the school and its supporters. Many in the loyal fan base

share the dreams of NMSU Aggie success in post-season tournament play.

Their dreams are not far-fetched. Aggie basketball has had measurable

success, with 25 NCAA Tournament appearances and 5 NIT Tournament

appearances.

26. Despite the program’s successes, it has not been easy to attract the best

prospects to play basketball at NMSU. While it has a loyal fan base, NMSU is

not known to be a top-tier university with a top-tier basketball program. Over the

years, NMSU has recruited and kept players with problems of one type or

another, typically either academic difficulties or run-ins with the law. The very
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 best players, with impeccable credentials, typically go to highest of the top-tier

schools.

27. NMSU has made concessions and relaxed standards to keep players with

problems. In 2019, NMSU repealed its policy on student athlete misconduct – a

policy that was more stringent than the policies that govern all students on

campus. Since that time, a student-athlete accused of criminal misconduct is

investigated by the Office of Dean of Students, just like any other student. If a

student athlete is charged with or convicted of a crime, his or her coach may

issue discipline or the coach may wait for the school to act. The timing of the

policy repeal coincided with former Aggie guard Terrell Brown’s no contest plea

in 2019 to a 2017 felony charge. Before the policy change, the policy mandated

that any student athlete “shall be dismissed permanently from his or her team if

he or she is convicted, pleads guilty, or pleads no contest to any felony charges.”

Because of the policy change, Brown was allowed to continue to play for the

NMMSU men’s basketball team. And recruiting a player with a criminal history

became less concerning.

28. From his hire in 2017 until he left in 2022, the Aggie basketball team was led by

Coach Chris Jans. During those years, the men’s basketball program did well,

with Coach Jans taking the Aggies to the NCAA tournament in 2022, for the

third time in five seasons. While there, No. 12 New Mexico State upset No. 5

UConn in the first round. Following that big win, Coach Jans accepted a new

coaching position at a different university.

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29. Within eight days of the announcement of Chris Jans’ departure, through the

efforts of Athletic Director (AD) Mario Moccia, Greg Heiar was brought on as

the new head coach for the Aggies, despite red flags in his coaching history.

30. Prior to coming to NMSU, Greg Heiar had been the head coach at Northwest

Florida State College, a junior college that accepts 100% of applicants and has

a reputation of accepting basketball players who have problems being

accepted elsewhere, despite what may be exemplary athletic skills. Defendant

Deshawndre Washington was a highly successful player for Greg Heiar in his

last year of coaching at Northwest Florida State College, when the team won

the NJCAA Division national tournament. Heiar owed much of the season’s

success to Washington, and he brought Washington to NMSU to play for the

NMSU Aggies. Heiar repeatedly praised Washington, stating that he would be

playing for the NBA. He often deferred to Washington’s views of who should

be playing and how much, thereby granting him authority and power that no

other player had.

31. Coach Heiar also recruited Defendants Kim Aiken, Jr. and Doctor Bradley to

play for the NMSU Aggies. Aiken left the University of Arizona under suspicious

circumstances and was not eligible to play for the Aggies. Despite attempts of

AD Moccia and Heiar to obtain an eligibility waiver that would allow Aiken to

play, the NCAA denied the waiver request. Moccia and Heiar planned to

continue to seek eligibility for Aiken – an effort that went nowhere.

32. Moccia approved of Heiar’s recruits signed to play at NMSU. Moccia assisted

in helping talented athletes get admitted to NMSU, even when those athletes

had known academic difficulties or a criminal history. The goal was a winning
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 men’s basketball team, even if that meant recruiting players who posed a risk

and keeping players who engaged in misconduct.

33. In less than one season under Coach Heiar’s leadership, the NMSU basketball

program went rapidly downhill, plagued by player misconduct, violence and

scandal. NMSU abruptly shut down its men’s basketball program on February

10, 2023 due to the events giving rise to this case. Coach Heiar was fired on

February 14, 2023. The rest of the games for the season were cancelled, later

deemed forfeited, leaving the team at the bottom of the same conference where

they stayed at or near the top the prior year.

34. On February 12, 2023, NMSU Chancellor Dan Arvizu stated that NMSU has

over 400 student athletes and that the safety of students is NMSU’s top priority.

He further stated that the NMSU men’s basketball program had been infected

with a culture of bad behavior, to include egregious violations of the student

Code of Conduct and “other despicable acts.”

Hazing and Sexual Assault on College Campuses

35. Hazing in various forms and different degrees of severity is all too common in

collegiate athletic programs. According the research group StopHazing, a 2008

study found that seventy-four percent of student athletes experience at least

one form of hazing while in college. More recently, ESPN’s Outside the Lines

reported that student athletes have a more than 50% chance of experiencing

sexual misconduct during their college athletic career.

36. Sexual assault is also all too common on college campuses. A study of the

Association of American Universities revealed that thirteen percent of all college

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 students experience rape or sexual assault. Men comprise nearly seven percent

of the college students who have reported nonconsensual sexual contact.

37. NMSU Chancellor Dan Arvizu issued a written statement that included the

following remarks:

Hazing is a despicable act. It humiliates and degrades someone and has the
potential to cause physical and emotional harm, or even death. Sadly, hazing
can become part of an organization’s culture, if left unchecked.

That is precisely what happened in the NMSU men’s basketball program, when

left unchecked, what might have started out as hazing crossed the line into

sexual assault and battery, causing great harm to the players and the program.

Guns on Campus and Carried by Student Athletes

38. Guns are not allowed on the NMSU premises or in vehicles used for NMSU

purposes, with exceptions for use for law enforcement, security or a few other

limited applications. This prohibition is established by state law, NMSA 1978

§30.7.2.4 and reinforced by NMSU policy. NMSU defines premises where guns

are prohibited to include buildings and grounds of the university, playing fields,

parking lots and even other public areas that are not NMSU property but are

used for university-related and sanctioned activities.

39. Despite the clear prohibition regarding guns, a number of men’s basketball

players carried guns, taking them into the locker room, on buses to games on

other campuses, and elsewhere. The guns were often openly and

conspicuously on display. The players who owned and carried guns would

openly discuss their guns and history of gun use, and share stories and video

of their shooting practice.

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40. One of the players who was known and seen with a handgun was Deshawndre

Washington. He has told some players about his history of gun use and gun

possession, including some legal problems involving guns. Rumors circulated

about his history of gun use. His gun and the rumors about his prior gun use

increased his power over his fellow students and the threat he posed.

41. When some of the students who were paid NIL money received their first check

in the summer of 2022, they used the money to buy guns. They then told or

showed other players about the guns they had purchased.

42. At that time, in the summer of 2022, a player who was not a US citizen reported

the gun purchases and presence of guns in the locker room to Coach Heiar.

The player expressed concern that any involvement with players with guns

could adversely impact his immigration status. He voiced his concerns more

than once. Nothing changed, other than he was cut from the team – a move

that damaged his future opportunities to play professionally and likely sent a

message to other Aggie basketball players that they too could be cut if they

spoke out.

43. On information and belief, reports of players carrying guns were made by other

student athletes, included a football player.

44. Despite those reports, nothing was done to eliminate guns in the locker room

and elsewhere on campus. And nothing was done to prohibit players who had

guns from continuing to carry them and keep them – even after a shooting of a

student from rival UNM by a member of the NMSU basketball team. Guns in

the locker room were commonplace, contrary to New Mexico law and NMSU

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 policy. The presence of guns generated anxiety and increased fear for non-gun

carrying players, including the three plaintiffs in this case.

The Three Plaintiffs and How They Were Harmed

Kyle Feit

45. Kyle Feit comes from a close knit family of six, to include his two parents, his

older sister, two brothers and himself. All were athletes from a young age. By

the time he reached the age of 12 or 13, he had developed a passion for

basketball. He was dedicated to improving his game and was determined to

succeed, spending hours on the basketball court when many other teens were

out partying.

46. Kyle Feit’s first college experience was at Arizona State University, where his

mother and older siblings went to school. While playing at Arizona State, Kyle

suffered a stress fracture which resulted in a medical redshirt year, sitting out

the rest of the season. He recouped the year of eligibility and came back to

play, but the opportunity to develop his skills and get a lot of time on the court

never really materialized at Arizona State as he hoped it would. He entered the

transfer portal, then the season shut down due to the pandemic. With little play

in his first two years of college, it was difficult for him to transfer after Covid

restrictions lightened and basketball resumed. He decided to go to Indian River

State College with the hope that he would get a chance to play a lot. His decision

panned out and he gained the experience and exposure he needed.

47. Kyle Feit was the top three-point shooter in the country the year before he came

to NMSU. He had twenty Division 1 offers. He considered his options and

decided to go to NMSU. He saw NMSU men’s basketball as a good mid-major

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 program with likely tournament play and the opportunity for him to get a lot of

exposure. He was confident about his future and was looking forward to being

part of the Aggie basketball team.

48. Kyle Feit and his family had no idea that the NMSU program would accept

athletes with criminal histories and propensities, and that he would be subjected

to rough and hostile environment daily. They also did not suspect that such a

culture would be allowed to flourish without supervision and institutional control

exercised by the coaches, athletic director and administration.

49. Kyle Feit was recruited after Coach Jans left and Coach Heiar came on board.

He signed his letter of intent on May 1, 2022 and came to begin to practice and

play with the Aggies on June 20. He went to the Bahamas with the team and

led the team in scoring.

50. Not only was Kyle Feit a skilled athlete, but he was an excellent student and

presented a good image for the team. He was the type of student NMSU wanted

to attract. NMSU used his image as the face of the team in many of its signs

and promotional materials, as depicted in the examples that follow.

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 The following photo was on the program for the first game of the season.

51. As the season started, the abusive behavior and harassment began.

Washington, Aiken and Bradley were the perpetrators, targeting Kyle and others

on the team. The three, led by Washington, would attack and victimize their

teammates multiple times and in multiple places. Often the perpetrators would

tell the players they victimized to either pull their pants down and expose their
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 backside or they would force them to. The victims would be asked if they were

humble or told to say that they were humble. Some victims would be stripped

and forced to engage in humiliating acts. Their genitals would be grabbed and

squeezed, and their bare buttocks would be slapped. If a victim said no or fought

it, it would only get worse. It would happen in the locker room, on the bus and

on road trips.

52. Washington, Aiken and Bradley were large men, each at least 6’7” tall. Aiken

was the largest, weighing in at approximately 250 pounds.

53. Kyle Feit tied his pants tightly every day so they couldn’t pull them off. He had

seen it happen to others. The first time he was attacked, Kyle was tackled to the

floor and held down, unable to free himself, by Washington, Aiken and Bradley

Washington tried to pull his pants down, but he couldn’t. He grabbed Kyle’s

testicles and squeezed them hard, inflicting pain and humiliation as Kyle fought

to get away.

54. Events like this happened to him and other many times, sometimes even worse

and more often for others. He and three other players were the primary targets,

though he managed to keep them from touching his private parts without

clothing. The attacks were often recorded. While Kyle cannot say exactly how

many times it happened, it likely happened at least twice most weeks when the

team was on campus, beginning in the fall and continuing after winter break and

into the second semester. It felt constant.

55. It became difficult for Kyle Feit to focus on basketball and he felt like he was

losing his love for the sport. Going to the gym had always been a safe and

positive place, and it was no longer. His game suffered, as did his well-being.
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56. Kyle Feit was traumatized not only by the nonconsensual and humiliating acts

perpetrated on him and others on the team, but he also was deeply impacted

by the presence of guns in the locker room and on campus.

57. During his time at NMSU, he saw guns in the locker room and guns carried by

some of his fellow players, including Deshawndre Washington.

58. Kyle Feit has been taught to assume every gun is loaded. He also has been

taught to assume that if the gun is pointed, it will be discharged. These

assumptions are deeply entrenched.

59. One night after practice, Kyle left when it was dark, and while walking to his car,

another car pulled up close to him. Kyle could see there were several people

inside. A man rolled the window down and pointed a handgun directly at him.

The car then sped off, leaving him anxious and fearful about why that happened

and whether it would happen again.

60. It did happen again – Kyle had a gun pointed at him 2 other times, both from a

greater distance than the first time. The second and third time a gun was pointed

at him was near the weight room, and a gun poked out of a car and quickly back

in, then the car drove off.

61. With little supervision and monitoring of what was going on in the locker room,

the presence of guns inside the locker room and on the players became

commonplace. When he saw a gun, he would quickly leave.

62. After his teammate Mike Peake shot and killed a UNM student named Brandon

Travis on the UNM Campus the night before a game, the presence of guns

became even more real and menacing. He knew his teammates were in fear of

retribution for the shooting and the atmosphere was very tense.
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63. Kyle was present with Shakiru Odunewu when he reported a sexual assault to

the coaches and saw that nothing was done in response. He felt hopeless to

make any more reports, as what was going on was obvious and nothing was

being done.

64. Struggling with the hostile environment and repeated attacks, Kyle seriously

considered quitting and leaving the program. He was concerned about how

quitting before the season ended would negatively impact his studies and his

future opportunities to play basketball. He began to see a therapist provided by

NMSU to deal with the stress and anxiety of the situation, which had begun to

shake his confidence and impact his performance on and off the basketball

court.

65. Kyle Feit did not have to quit the program because one of his teammates could

no longer tolerate the abuse and reported it to his father and the police. NMSU

shut down the program, shortening the season for all players and ending their

dreams of playing in post-season tournament games. His decreased

performance due to the stress he was under, combined with the shortened

season and no opportunity for post-season play, harmed and limited his

opportunities to fulfill his dream of playing for a professional team.

66. After the program shut down, Kyle Feit promptly went to his landlord to be

relieved of his obligations under his lease, relying on a clause in the lease for

excusal based on sexual harassment. After some back and forth, the landlord

excused Kyle from his lease obligations. Kyle Feit immediately left Las Cruces

and has never returned.

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67. Kyle Feit finished the semester studying remotely and didn’t attend the

graduation ceremony. He had no desire to return to NMSU. His father felt that

he had sent the people at NMSU a good kid and they sent him back in broken

pieces.

68. While eligible for another year of basketball as a graduate student where he

could earn an advanced degree with a scholarship and NIL payments, Kyle

decided to play professionally due to anxiety about playing in an academic

institution setting. He ended up playing for Hapoel Eilat in Israel, over 7,000

miles away, until the war broke out and he came home.

69. While still at NMSU, Kyle Feit was diagnosed with Post Traumatic Stress

Disorder (PTSD) as a result of the guns, assaults and intimidation to which he

was subjected – all of which NMSU allowed to happen and continue unchecked.

His PTSD was triggered by the war in Israel, resulting in him living in constant

fear and worsening his condition. He had little choice but to leave Israel and

remain in the United States.

John Doe I

70. John Doe I was a player on the NMSU men’s basketball program during the

2022-2023 season. He had been recruited to play by a member of the member

of the coaching staff.

71. Like many others on the team, being accepted to play for the NMSU Aggie

men’s basketball team was a step toward fulfilling his dream of playing Division

1 basketball. He worked hard to improve his skills and become a valued team

member.

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72. Initially, John Doe I did his best to play well, to be friendly to all, and to navigate

the various personalities and demands of others. He hoped to keep a low profile

and escape the abusive behavior of Defendants Washington, Aiken and

Bradley.

73. Despite his efforts, he found himself constantly the brunt of the perpetrators’

aggression and assaults. He thought they would tire of the behavior if he didn’t

fight them, but they did not. Instead, the behavior escalated. He was frequently

abused, including physically harmed by being grabbed and pulled by his

genitals. He specifically recalls being forcefully suspended by both arms while

his genitals were pulled.

74. John Doe I was forced to regularly engage in degrading behavior, such as being

directed to bare his backside, “hang it out” and do defense side squats or

jumping jacks with his buttocks exposed. He would be told to “shut the f*** up”

and be humble. This type of abuse happened frequently and repeatedly.

75. He feared retribution if he spoke out. He feared that he would not get to play

and that he would be cut from the team. Like Kyle Feit, he knew Deshawndre

Washington had a lot of power on the team. He knew that Washington told

Coach Heiar who to play and who not to play, influencing their careers and

opportunities.

76. Other victims of the attacks, restraints, and sexual assaults, have reported that

John Doe I “got it the worst.” John Doe I states that there were so many incidents

that he cannot remember all of the details of what happened. He recalls that he

would freeze and at times seemed to even “black out” until they left him alone.

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77. John Doe I managed to continue to practice and attend class even after the

program was shut down and the season was over. Despite the physical and

emotional trauma he has experienced, he has the grit and tenacity to hold onto

his dream of playing Division 1 basketball.

John Doe II

78. John Doe II was one of the student-managers for the NMSU Men’s Basketball

team in both 2021-2022, Coach Jan’s last year, and in 2022-2023, when Coach

Heiar was there. It was a volunteer position that allowed him to gain experience

with a Division 1 athletic program.

79. There were other student-managers with different responsibilities. He helped

with logistics, running errands, setting up and helping with practices and staging

equipment.

80. From his vantage point, the atmosphere was very different during the two

seasons when he was a student-manager. Coach Jans had exercised far more

control over the team than he saw when Coach Heiar took over. He describes

the way the team acted on the two successive seasons as being like night and

day.

81. John Doe II observed some of the verbal and physical assaults perpetrated on

others by Washington, Aiken and Bradley. His observations were mostly limited

to what he saw in the locker room areas, to include an area where the players

had their lockers and a separate attached area where managers would meet

and work.

82. John Doe II and other managers were also victimized. In November, 2022, he

was tackled by Washington, Aiken and Bradley while in the locker room.
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 Knowing what was coming, he fell to the ground face down, and tried to protect

his genitalia. There was nothing else he could do to protect himself, as he is

much smaller than his attackers, who easily overpowered and overwhelmed

him. Washington was the ringleader. His pants were pulled down and he was

repeatedly struck on his bare buttocks while he was held down, face down. He

tried to cover his genital area with his hand. He told them to stop and feared

what they might do next. They continued, laughing as he was held powerless

and they struck his bare buttocks. One managed to grab and twist his testicles.

83. On many other occasions, the same three asked if he was humble, as he had

seen them ask of other players and managers.

84. He did not report what happened to him or what he saw happen to others

because he was afraid of being tackled.

85. John Doe II also saw guns in the locker room, which concerned him and made

him uncomfortable. He saw Washington in the locker room with his gun out,

pointing it around. He had heard stories about Washington’s history with guns

in Chicago.

86. While he sees what happened to him as being less than what others went

through, he was disturbed and harmed by what had occurred, and remained

fearful of it happening again.

87. He was not alone in his fear. Other student-managers also were also in fear of

Washington, Aiken and Bradley and had been victimized by them. He has a

distinct memory of one of his fellow managers emitting a horrific scream when

the three wouldn’t stop assaulting him.

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88. The student-managers locked themselves in a gear closet when the three

perpetrators entered the foyer where the student-managers met and worked.

As the student managers huddled in the locked closet, the perpetrators slipped

notes under the door asking if they were humble.

89. After he observed the assaults on others and after he was assaulted, John Doe

II was in fear every day and every time he saw Washington, Aiken and Bradley

in the locker room area.

90. John Doe II no longer works as a student-manager.

What the AD and Coaches Knew and When

91. The team’s behavior on the road and in the locker room was often out of control

and rarely, if ever, addressed or limited by the coaching staff. Washington,

Aiken, and Bradley were frequently inappropriate, disrespectful, degrading and

violent toward their fellow team members.

92. The coaches and staff often showed up late to practice and did little to

supervise. At times, some were around when the attacks were going on and

they did nothing to look into what was happening nor to stop it.

93. The attacks most often happened in the locker room before and after workouts

or before and after practices. Coaches were warned to knock before entering

the locker room on the rare occasions they might try.

94. A number of acts of harassment and abuse also occurred on the team bus.

Head Coach Greg Heier and the rest of the NMSU Aggie men’s basketball

coaching staff were on the bus and were in charge of the players. Instead of

supervising the players, they sat toward the front, focused on their phones or

tablets.
22 | C o m p l a i n t
95. Shakiru (“Shak”) Odunewu told his former coach, Terrelle Woody, about how

he had been sexually assaulted and penetrated on the team bus in November

of 2022. Coach Woody insisted that he report it to the NMSU coaching staff.

96. Shak Odunewu first reached out and reported to both Head Coach Greg Heier

and Associate Coach Dominique Taylor.

97. Shak approached Coach Dominique Taylor and pleaded with him to intervene.

Taylor laughed in his face and said, “What do you want me to do?” Kyle Feit

was present and witnessed the entire interaction.

98. Shak discussed what had happened three times with Coach Heiar, once with

Coach Woody on the phone. Woody angrily confronted Heiar with what had

been going on and demanded that Heiar do something. Heiar said that he was

looking into it and would be issuing some suspensions.

99. None of the three perpetrators were suspended.

100. The players and student-managers came to understand that Head Coach Heier

and his staff were unwilling to address the team’s toxic culture.

101. The three plaintiffs in this lawsuit and the two players who sued before them

were not the only victims. At least one other player and a member of the staff

were subjected to the same or similar treatment from those individual

Defendants. On information and belief, at least one report was made to NMSU

about the victimization of one of the young men near the time when the team

had played in Las Vegas after Thanksgiving. This had to be so because on

November 24, 2023, a team meeting was held in Las Vegas and a team booster

was allowed to speak to the team and urge them to cease their inappropriate

and abusive behavior in the locker room.

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102. By the end of November or first week of December, 2022, there were at least

two victims who had reported abuse perpetrated on them by Aiken, Bradley and

Washington. NMSU has acknowledged that there was a report of abuse made

known to Mario Moccia on December 31, 2022. Yet the behavior continued into

the new year.

103. And still nothing was done to keep guns off campus and out of the locker room.

104. By doing nothing, Athletic Director Moccia, Coach Heiar and his staff

emboldened and empowered Aiken, Bradley and Washington, giving them

substantial power over their teammates. That power was used to commit acts

of sexual assault and battery against on multiple student athletes and student

volunteers.

The Downward Spiral of the NMSU Basketball Program

105. Between Shakiru Odunewu’s first report and his last, the team and coaching

staff faced other serious problems related to basketball team members that

arose on November 19, 2022, when the NMSU men’s basketball team was in

Albuquerque to play its northern rival, the University of New Mexico (UNM).

While there, starting forward Mike Peake was involved in a shooting on the UNM

campus. It is said that he acted in self-defense.

106. The conflict between the UNM student and the NMSU basketball player began

at a rivalry game when a violent fight broke out in the stands between UNM

students and NMSU students. Video of the fight shows NMSU basketball player

Mike Peake fighting with a UNM student named Brandon Travis – the same

young man that he later shot. This video was viewed by AD Moccia and Coach

Heiar, yet neither Moccia nor Heiar took any disciplinary action against Mike
24 | C o m p l a i n t
 Peake. Had they done so, the conflict may have been shut down then and the

shooting may never have happened.

107. After the shooting incident, investigators reported that coaches and staffers

were found to have multiple pieces of potential evidence from the shooting,

including a cell phone, tablet and the gun. The media reports that the police told

Heiar and his assistants that they needed all of that evidence and asked to be

alerted if they found any. The police also asked to speak with three NMSU

players who were with Peake. Despite that, Coach Heiar instructed the players

to leave town on the bus and return to the NMSU campus. Only after the bus

was stopped by police at a rest area north of Truth or Consequences, with lights

blazing and sirens screaming, did an assistant coach turn over the bloodied

tablet. The phone was later found at the Las Cruces home of Senior Associate

Athletic Director Ed Posaski, who had been on the bus. The gun was left at the

hotel in Albuquerque with Assistant Head Coach Dominique Taylor.

108. This series of events not only points to a lack of supervision over the players,

but also indicates that the coaching staff was assisting the players in covering

up bad behavior and thwarting police efforts.

109. At a press conference on November 29, 2022, Coach Heiar read a statement

prepared by NMSU, which contained an apology and report that he took full

responsibility for what happened. He declined to say anything more.

110. The NMSU basketball team faced a shortage of players. After some time and at

the direction of the NMSU administration Mike Peake was suspended

indefinitely for his role in the shooting. Three other players were suspended for

one game after the surveillance video was released by State Police.
25 | C o m p l a i n t
111. NMSU hired a law firm to conduct an external investigation to review the

November 19 shooting and the university’s response to it.

112. By February 8, 2023, NMSU’s basketball team had dropped to 9 wins and 15

losses for the season, with only 2 wins out of 10 games in the Western Athletic

Conference (WAC).

NMSU Shuts Down the Basketball Program and Fires Coach Heiar

113. After Deuce Benjamin reported what had happened to the NMSU police

department on February 10, 2023, his report came to the attention of Chancellor

Dan Arvizu and Athletic Director Mario Moccia. On February 10, 2023, NMSU

shut down the men’s basketball program indefinitely. A few days later, on

February 12, 2023, Chancellor Dan Arvizu announced that the men’s basketball

program was suspending operations for the rest of the season. A press

conference was held and some of what had happened was divulged. A copy of

the police report was provided to the media later in the day, with the names of

the victim and the three perpetrators blacked out.

114. During press interviews, NMSU announced that it was hiring yet another law

firm to conduct another internal investigation, this time to address the reports of

abusive behavior in the men’s basketball program.

115. On March 1, 2023, the NMSU men’s basketball program began to have

voluntary workouts with former Aggie Casey Owens, who also consulted with

players. Players who had reported being victims of sexual abuse, harassment

and sexual assault were not invited to join the workouts.

116. On March 15, 2023, the law firm investigating matters related to the November

19, 2022 shooting issued an Executive Summary. While multiple basketball

26 | C o m p l a i n t
 coaches and players refused to be interviewed or were reported to be

unavailable, or both, recommendations for changes to NMSU policy and control

of its student athletes were issued, based on the information that had been

obtained. Recommendations included:

A. Tighter policies and enforcement of team curfew rules;

B. A tighter weapon policy that applies to student athletes and coaches,

prohibiting possession of weapons and firearms while traveling for team

events or representing NMSU;

C. Developing a policy for communicating and cooperating with Law

Enforcement regarding potential criminal activity of a student athlete;

D. Implementing measures to strengthen a culture that encourages student

adherence to integrity and values of the programs at all times; and

E. Revision of NMSU Student Athlete Handbook.

117. In late March, 2023, NMSU hired a new basketball coach, Jason Hooten. He

publicly declared that “A new culture needs to be built, and a new start and a

new beginning.”

118. Coach Hooten called Kyle Feit as he was recruiting his team and asked him

about players that had been on the team, to include asking about a player who

was on probation. He also asked about Doctor Bradley, one of the then known

perpetrators, as well as a few others. Hooten didn’t ask about the validity of

claims against Bradley or others – he wanted to know about their skills as

basketball players. Hooten did not appear interested in any of the players who

were known to be victims of sexual assault, and in fact, outright rejected

former player Deuce Benjamin, the promising hometown talent.

27 | C o m p l a i n t
119. The “new beginning” for the NMSU men’s basketball team under Hooten

ultimately did not include any of the players who were on the 2022-2023 team

– neither the victims nor the perpetrators, casting them all aside and implying

none were worthy of a place on the team. In a recent public statement, NMSU

said it had a “completely different group of student athletes in place and we

look forward to them representing this university with integrity.”

Count I:

Negligence Brought Pursuant to the Tort Claims Act

vs. Defendants NMSU, Moccia, Heiar and Taylor

120. Plaintiffs restate all of the preceding allegations as if fully set forth herein.

121. The acts and omissions giving rise to this Complaint occurred during the

summer and fall months of 2022, carrying into the winter months of 2023 for

Kyle Feit and John Doe I.

122. At all times material to the allegations set forth in this lawsuit, Defendants NMSU

and Moccia had a duty to operate and maintain the athletic department so that

it would be reasonably safe for its student athletes, to include the men’s

basketball team.

123. At all times material to the allegations set forth in this lawsuit, Defendants Heiar

and Taylor had a duty to operate and maintain the men’s basketball program so

that it would be reasonably safe for its student athletes and student volunteers.

124. At all times material, agents and employees of Defendant NMSU, including

Defendants Moccia, Heiar and Taylor, were obligated to follow policies and

practices designed to protect students and student athletes from sexual assault,

battery, harassment, bullying and hazing.

28 | C o m p l a i n t
125. Defendant NMSU, by and through its agents and employees, including Moccia,

Heiar and Taylor, had the responsibility of keeping the athletic department and

the men’s basketball program free from sexual assault, battery, harassment,

bullying and hazing.

126. Defendants NMSU, by and through its agents and employees, including Moccia,

Heiar and Taylor, had a duty to follow policies necessary to protect student

athletes and to report incidents of sexual assault, battery, harassment, bullying

and hazing that were discovered either by witnessing such conduct or by being

told of it.

127. Agents and employees of Defendant NMSU, to include Moccia, Heiar and

Taylor, knew or should have known that Defendants Aiken, Bradley and

Washington, individually and acting in concert, created a dangerous condition

in the basketball program and on the premises, and a risk to student athletes

and others on its premises and involved in its basketball program.

128. Agents and employees of Defendant NMSU, to include Moccia, Heiar and

Taylor, were on notice that Defendant Aiken had prior problems with

inappropriate behavior and acts of sexual misconduct in an academic setting.

129. Agents and employees of Defendant NMSU, to include Moccia, Heiar and

Taylor, were on notice that Defendants Aiken, Bradley and Washington had

demonstrated inappropriate behavior toward others involved in the NMSU

basketball program. The inappropriate and harmful behavior included sexual

assault, battery, harassment, bullying and hazing.

130. Agents and employees of NMSU, including Moccia, Heiar and Taylor did not

develop a disciplinary action plan or supervisory plan to address and prevent

29 | C o m p l a i n t
 the inappropriate and harmful behavior of Defendants Aiken, Bradley and

Washington toward others participating in the men’s basketball program.

131. Defendants Moccia, Heiar, Taylor and other staff in the basketball program

failed to properly report the inappropriate and harmful behavior of Defendants

Aiken, Bradley and Washington toward student athletes in the men’s basketball

program, to include their acts of sexual assault, battery, harassment, bullying

and hazing.

132. Defendant Moccia, Heiar, Taylor and other staff in the basketball program failed

to take immediate and effective action to discipline and/or eliminate the

inappropriate and harmful behavior of Aiken, Bradley and Washington

perpetrated on student athletes involved in the men’s basketball program, to

include their acts of sexual assault, battery, harassment, bullying and hazing.

133. The negligent acts and failures to act on the part of Defendants NMSU, Moccia,

Heiar and Taylor unreasonably endangered the health, safety, and well-being

of the named Plaintiffs and other victims of the behavior complained of herein.

134. Defendants NMSU, Moccia, Heiar and Taylor enabled Aiken, Bradley and

Washington to continue inflicting harm on others in the basketball program,

including the named Plaintiffs and other victims of the behavior complained of

herein.

135. Defendants NMSU, Moccia, Heiar and Taylor breached their duties when they

created an unsafe premises and operated an unsafe program for the basketball

players and an unsafe environment for the student-managers.

136. Defendant NMSU is vicariously liable for the negligent acts and omissions of

Defendants Moccia, Heiar and Taylor.

30 | C o m p l a i n t
137. As a direct and proximate result of the breached duties of Defendants NMSU,

Moccia, Heiar and Taylor, Plaintiffs sustained damages.

138. In the commission of the acts alleged herein, Defendants Moccia, Heiar and

Taylor acted recklessly, with deliberate indifference and callous disregard for

the safety of the team players and student-managers, to include the plaintiffs in

this action.

Count II:

Sexual Assault, Battery and False Imprisonment

vs. Defendants Aiken, Bradley and Washington

139. Plaintiffs restate all of the preceding allegations as if fully set forth herein.

140. Plaintiffs did not consent to being stripped of their clothing, slapped on their

buttocks, nor to the harmful and offense grabbing and twisting of their scrotums,

nor to any other offensive and invasive behaviors described above and

perpetrated on them by Defendants Washington, Aiken, and Bradley.

141. Plaintiffs were in constant fear of continued or even worse sexual batteries

perpetrated on them.

142. The actions of Defendants Washington, Aiken, and Bradley constituted multiple

assaults and batteries on Plaintiffs.

143. Plaintiffs were also held down and restrained against their will and imprisoned

by Defendants Washington, Aiken, and Bradley, which further contributed to

their sense of powerlessness, fear and humiliation.

144. As a result of the offensive conduct, Plaintiffs suffered pain, humiliation,

degradation and emotional distress.

31 | C o m p l a i n t
145. The actions of Defendants Aiken, Bradley and Washington were willful, wanton

and in reckless disregard of Plaintiffs’ rights, thereby justifying an award of

punitive damages to deter each of them and others from engaging in such

harmful and offensive conduct in the future.

Count III:

Vicarious Liability Based on Aiding in Agency

vs. Defendant NMSU

146. Plaintiffs restate all of the preceding allegations as if fully set forth herein.

147. Beginning no later than November, 2022, Defendants Moccia, Heiar and NMSU

had actual knowledge of, and were deliberately indifferent to, the fact that Aiken,

Bradley and Washington were preying on certain members of the basketball

team who were less worldly and more vulnerable to their attacks.

148. Beginning no later than November 15, 2022, Defendant NMSU had actual

knowledge of, and was deliberately indifferent to, the inappropriate harassment,

attacks, sexual assaults and batteries, that Aiken, Bradley and Washington

perpetrated on members of the basketball team.

149. By no later than November 12, 2022, Defendant NMSU, through Coach Heiar

and Assistant Coach Dominique Taylor, had knowledge and notice that Shak

Odunewu was a victim of sexual assault and rape perpetrated on him by Aiken,

Bradley and Washington. Defendant NMSU also was put on notice that Shak

Odunewu was not the only victim and further, that he was battered and sexually

assaulted more than one time, as were others.

32 | C o m p l a i n t
150. Aiken, Bradley and Washington were aided in accomplishing the acts of sexual

assault and battery on Plaintiffs by the existence of the agency relationship with

NMSU and its basketball program, including Heiar and Taylor.

151. By turning a blind eye and a deaf ear to the abuse, AD Mario Moccia, Coach

Heiar, Associate Coach Taylor and their staff emboldened and empowered

Aiken, Bradley and Washington, giving them substantial power over their

teammates. That power was used to commit acts of sexual assault and battery

by them against Shak Odunewu, Deuce Benjamin, Kyle Feit, and John Does I

and II.

152. As a direct and proximate result of the acts and omissions of agents and/or

employees of NMSU, including AD Moccia, former Coach Heiar and Associate

Head Coach Taylor, Plaintiffs have been harmed and have suffered serious

damages.

153. Defendant NMSU is vicariously liable for Plaintiffs’ damages as a result of

having aided in accomplishing the wrongdoing by the existence of the agency

relationship.

Count IV:

Violation of New Mexico Civil Rights Act

vs. Defendant NMSU

154. Plaintiffs restate all of the preceding allegations as if fully set forth herein.

155. Defendant NMSU is a public body within the meaning of the New Mexico Civil

Rights Act, Section 41-4A-3.

33 | C o m p l a i n t
 156. At all times material, the individual Defendants were acting on behalf of, under

color of, or within the course and scope of Defendant NMSU, and Defendant

NMSU is liable for their actions pursuant to NMSA Section 41-4A-3(C).

157. The batteries and sexual abuses inflicted on Plaintiffs constitute a deprivation

of Plaintiffs’ rights secured under the Constitution of New Mexico, including but

not limited to those secured to Plaintiffs by Article II, Sections 4 and 18.

158. Plaintiffs’ rights under the New Mexico Constitution afford them even greater

protection than their rights under the United Stated Constitution.

159. Plaintiffs have suffered serious harms and losses as a direct result of the

deprivation of their state constitutional rights and these deprivations of rights are

the proximate cause of the serious harms and losses Plaintiffs have sustained.

WHEREFORE, Plaintiffs request Judgment entered in their favor against

Defendants in amounts to reasonably compensate each of them for their damages,

punitive damages against the individuals, costs of suit, pre- and post-judgment interest,

attorneys’ fees, and such other and additional relief as the Court may deem just and

proper.

Respectfully submitted,

YOUNGERS LAW, PA

/s/ Joleen K. Youngers

___________________________
JOLEEN K. YOUNGERS
PO Box 16089
Las Cruces, NM 88004-6089
(575) 541-8000
505 Cerrillos Road, Suite A104
Santa Fe, NM 87501
t: 505.820.0108
jyoungers@ay-law.com
34 | C o m p l a i n t
-and-

Willie L. “Will” Marsaw

JHCM LLP
1910 Pacific Ave. Suite 12050
Dallas, TX 75201-4526
t: 214.799.5522
w.marsaw@hcmlawtx.com

Attorneys for Plaintiffs

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