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New Mexico State, players settle suit in sexual assault allegation

Deuce Benjamin, left, tears up while speaking in May about the alleged assault he faced while playing for NMSU. The two former NMSU players settled a suit against New Mexico State University, two former coaches and three former players.

Nmsu Lawsuit Presser
Credit: Meg Potter/Sun-News / USA TODAY NETWORK

Deuce Benjamin and Shak Odunewu settled their lawsuit against New Mexico State’s former head coach Greg Heiar, former assistant coach Dominique Taylor and former players Deshawndre Washington, Doctor Bradley and Kim Aiken Jr., attorney Joleen Youngers said.

Terms of the settlement will be made public by the university, according to Youngers.

“Either New Mexico State University or Risk Management for the state of New Mexico will be disclosing the terms,” Youngers said.

Both players entered the transfer portal but have not found a program. They have petitioned the NCAA for another year of eligibility.

Benjamin, former New Mexico Gatorade Player of the Year at Las Cruces High School, and his father were joint plaintiffs with Odunewu and the subjects of what they said was a hazing incident involving other players and coaches. The suit alleged the university dismissed sexual assault allegations by labeling them “hazing.”

Benjamin said in public comments in May that he hasn’t recovered from the “non-consensual touching” he said took place in the locker room, on the team bus and other team trips. He filed a police report on Feb. 10. NMSU chancellor Dan Arvizu suspended the basketball season the same day and Heiar was placed on leave, and then fired.

“My life hasn’t been easy since this happened. First it hurts then it changes you. There’s a part of me that hasn’t been the same since,” Benjamin said.

Police issued a report listing possible criminal charges including false imprisonment, criminal sexual contact and harassment. As of Wednesday, the New Mexico Attorney General was still investigating the allegations, according to the lawsuit.

Raul Carrillo, an attorney representing Heiar, said in a statement that Heiar “is pleased to have this chapter behind him and looks forward to returning to coaching.”

“The allegations against Coach Heiar were voluntarily dismissed before any discovery in the lawsuit took place, Carrillo said. “Coach Heiar’s version of events was never publicly discussed because he was never interviewed by his former employer, NMSU, or by the attorneys for the plaintiffs. There was no investigation by any agency or group which provided Coach Heiar with the ability to respond to any allegations — all of which he denies.”

Heiar, 47, was 9-15 before the 2022-23 season was suspended.

–Field Level Media

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