Grro0r, FRana.n & Wise, LC
te Lightfoot saree
205-581-0749 Dect
205-581-0709 Fax
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sJune 23, 2023
Via Electronic Mall
Dr. Jay Gogue
Chancellor, New Mexico State University
dbo P. Scot Fela
New Mexico State University
fice of General Counsel!
P.O. Box 30001 MSC 3UGC
Las Cruces, NM 88003
[email protected]
Re: New Mexico State University ~ Executive Summary: Athletics Department
Evaluation and Review
Dr. Gogue:
Please consider this letter Lightfoo's executive summary of our recent evaluation and review of
[New Mexico State University’s "NMSU") Athletics Department
‘SCOPE AND NATURE OF Worx
Lightfoot was retained on May 2, 2023, to ld the University with an evaluation and review of ts
‘Athletics Department, wit a focus on the existence, awareness, and propriety of policies and
procedures that gover its staff members, coaches, and student-athletes, including an analysis
Of the Interaction and application of those polices and procedures to recent events in the
University's men's basketball program. More specifically, Lightfoot was taskod with conducting
the independent investigation of all University-sponsored athetics programs requested in the New
Mexico Higher Education Department's ('NMHED") April 24, 2023, lette.'
‘Over May 3-4, 2023, Lightfoo's investigative team conducted 42 Individual, in-person interviews
of student.athietes. With the exception of men's basketball, Lightfoot interviewed at least three
"Lightfoot investigation was limited to the more general, Department-wide inquiry requested
in the NMHED's letter. Lightfoot was not directed to investigate other issues raised inthe letter,
Including “Coach Hooten's comments recommending that a student continue his basketball career
elsewhere,
‘The Clark Oullding 40020% Street North Birmingham, AL 38203 Ughtfootiaw.com
SBIRWINGHAM HOUSTONDr. Jay Gogue
‘June 23, 2023
Page 2
studentatlotes from every instutionalyofered sport? Th
randomly selected by Lightfoot.
(On May 8-10, 2023, Lightfoot investigative toam conducted 37 Indvéua, in-person interviews
of Aitetics Department personnel and other individuals outside the Department whose job
responsbiles include regular or occasional intoraction withthe Dopartment. Those inorviows
included Athetcs Department sdmiistators, members of the NMSU Compliance Offce, the
toad coach of almost every sport offered by the Universi, atleast one additonal ta! member
‘sociated with every Uiversity
‘A REVIEW OF POLICIES AND PROCEDURES
“The policy-inquiry portion of the investigation focused on witnesses’ knowledge of the content of
the University’s ARP, the RPM, and the Athiatice Department's annually issued SAH, More
specifically, the review focused on each of those sourcas’ explanation of prohibited misconduct
3 For examplo, portions of the SAH require the reporting of certain misconduct to the Otice of
‘Student Judicial Services or the Office of Judicial Programs. None of the student-athletes,
interviewed were familar wth elter of these offices. Instead, most student-athletes indicated their