[Note: This blog is a slightly edited and somewhat enlarged version of a letter sent last Wednesday to NMSU Regents and President, and my distribution list.]
The headline of KFOX14/CBS4 news story by Natalie Venegas (26 Aug) says much, but not all, about the story: “New Mexico State University settles rape case for $1 million.” The rape involving two first-year students occurred three years ago. According to the plaintiffs’ lawsuit, NMSU “failed to protect their daughter after a restraining order was issued against the suspect, who was allowed to remain on campus.” Furthermore, “despite being contacted by NMSU Police about the sexual assault, NMSU failed to take the report seriously and did not complete its investigation for more than a school year.”
After the settlement, NMSU issued an utterly fatuous PR statement: “It takes such allegations seriously and is expanding sexual assault prevention training for students.” So, “starting in the fall, all enrolled students will be required to complete an annual online course.” The statement, whether the NMSU Regents and President acknowledge fault or not, elides the truth about the university’s failures and indicates no intention of taking corrective action in the administration. Instead, they permit the usual PR lie about taking “such allegations seriously”—a delayed investigation refutes the lie—and redirect attention to NMSU students, who presumably need a course in proper sexual conduct.
This PR ploy fools no one. The $1 million settlement covered, not the rape by the student, but the conduct of the university and its administrators for its failures to take rape seriously, to respect the victim and ensure her safety, to banish the rapist from campus, and to delay, perhaps in hope of avoiding, an investigation perhaps leading to embarrassment and expense. NMSU leaders and administrators seemingly take sexual assaults seriously only if litigation becomes embarrassing and expensive. The failure of their leadership and the costs of their failures call into question their priorities and competence. Some resignations or terminations seem necessary.
Fairness requires that accountability for this failure and its costs be targeted. Some of the current Regents served when the rape occurred in 2022. Others and the current President did not. Responsibility for the delayed investigation must be properly assigned. But all of them knew about the lawsuit and approved the settlement. More importantly, NMSU’s statement represents their considered judgment about a suitable public response. Their malfeasance is making a $1 million settlement without taking steps to prevent a recurrence and without assuring the public that NMSU has taken such steps. One step would hold NMSU administrators who failed to act appropriately at the time accountable for their failure. Another would indicate remedial actions to ensure that administrators will not fail in the future or else will face termination. More generally, New Mexico has a problem with both elected and appointed officials whose failures of leadership cost the state’s taxpayers in expensive settlements yet result in no accountability and no corrective action. (Recall City Council’s $20 million settlement for a police killing, without corrective action.) It might help if the Governor appointed at least some regents with educational experience; they might care about students.
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