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Grro0r, FRana.n & Wise, LC te Lightfoot saree 205-581-0749 Dect 205-581-0709 Fax omenezQuchTFooTUW.coM 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 HOUSTON Dr. 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

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