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Copyright © 2020 Albuquerque Journal

The University of New Mexico paid a former student $170,000 to settle a lawsuit that was one of several blemishes during former football coach Bob Davie’s tenure.

The settlement agreement in Teriana Bagley’s case was released last week by the state Risk Management Division, which insures state entities such as UNM.

University officials previously declined to release the amount of the settlement, and state law allows the amount to remain secret for 180 days. UNM declined again to comment Monday, but in the settlement agreement, the university “continues to deny any allegations of wrongdoing” levied in Bagley’s lawsuit.

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Brad Hall, Bagley’s attorney, said victims of campus sexual assault are often constrained by Title IX law regarding damages. With the settlement, he said, his client has moved to another city, obtained therapeutic support and moved on with her life.

“My entire office and litigation team admired Teriana’s very credible presence, and we’re proud to help her fight back against the UNM football program, and even providing perhaps a ‘nail in the coffin’ of the Bob Davie era,” he said in an email to the Journal on Monday.

The Davie era came to an end in December, with the university agreeing to pay him $825,000 and other benefits for the next 30 months in exchange for his leaving with two years left on his contract.

Bagley filed her lawsuit against the UNM Board of Regents in January 2019 over the way the university responded to a rape she reported almost three years earlier.

In February 2016, Bagley accused a football player of raping her at his Lobo Village apartment. She reported the assault to campus police the day after the encounter.

After UNM police questioned the football player, Davie called a team meeting at which he allegedly told the players to “get some dirt on this whore,” according to the lawsuit and investigative reports into the football program. Davie has denied the allegation.

Bagley said in her lawsuit that for the rest of the semester, football players harassed, intimidated and retaliated against her as she walked around campus.

The accused player was never charged with a crime and played football the following fall. Bagley withdrew from school and moved back home to Arizona.

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The lawsuit is critical of both UNM police and the Office of Equal Opportunity’s investigation of the incident.

Bagley’s allegations appeared in reports by independent investigators hired by UNM in 2017 to review matters related to the football program. The school hired former federal Judge Bruce Black for up to $37,000 and the Chicago law firm Hogan Marren Babbo and Rose for an unknown amount to complete investigations.

The later investigation was cited when Davie was suspended in 2018.

After Bagley made the allegations against the football player, Davie stayed on as head coach for three additional seasons, never winning more than three games a year.

ALBUQUERQUE, New Mexico — New Mexico forward Carlton Bragg Jr. has been dismissed from the Lobos basketball team following his arrest on suspicion of driving while intoxicated and possession of less than an ounce of marijuana.

Coach Paul Weir released a statement late Sunday, hours after Bragg’s arrest, saying the embattled player needed to focus on his personal well-being.

“The game of life is much more important than basketball right now,” Weir said. “I still believe in him and hope this next step will allow him to develop into a strong, responsible young adult while also completing his degree here at UNM.”

The arrest came nine days after Bragg, 24, was reinstated to the team following a three-game suspension while university officials investigated sexual misconduct allegations against him by another student. Bragg has not been charged in connection with that incident, which occurred in August, although the Bernalillo County district attorney’s office sent the case to the district attorney’s office in Alamogordo because of a conflict of interest.

Bragg, who was averaging 12.6 points and 10.3 rebounds in 15 games in his second season at New Mexico (15-3), was released from custody later Sunday.

He was detained around 1:20 a.m. in Albuquerque at a sobriety checkpoint, according to a police report.

Officers saw that Bragg “had bloodshot watery eyes and an odor of alcohol emanating from his facial area,” the report said. “Carlton admitted drinking 2 glasses of wine between 9 p.m. and 10 p.m.” The Lobos had beaten Air Force only hours earlier.

Bragg was put through field sobriety testing and “signs of impairment were present during his performance of the sobriety tests,” after which he was arrested and a small amount of marijuana was discovered on his body, the report said.

Bragg later refused to take a breath-alcohol test, police said.

It was not known if he had an attorney who could comment on his behalf.

New Mexico is Bragg’s third school. He played at Kansas, where he was suspended after being arrested and charged with battery against a woman in 2016, although that charge was dropped and the woman who made the claims was later charged after prosecutors reviewed surveillance video.

He also attended Arizona State but was removed from the team in his first semester for violating an unspecified team rule.

Bragg had 11 points and seven rebounds Saturday night in the Lobos’ 84-78 victory.

A member of the UNM Basketball team was arrested and charged with with DWI and possession of marijuana early Sunday morning.

According to criminal complaint, Carlton Bragg was stopped at a sobriety checkpoint at Coal and Broadway. Officers say they saw that Bragg had bloodshot, watery eyes, and smelled of alcohol.

Court records say Bragg admitted to drinking two glasses of wine. Police say Bragg showed signs of impairment when performing a sobriety test and refused to provide a breath test.

The criminal complaint also says that Bragg had a small amount of marijuana on him while he was in the process of being booked.

The UNM Athletic Department sent the following statement pertaining to Carlton Bragg:

“The UNM Athletic Department has been notified that there was an incident regarding senior Carlton Bragg Jr. early this morning. The department is aware of the situation is looking into it further. At this time, there will be no additional comments from anyone at UNM.”

New Mexico Lobos forward Carlton Bragg Jr. was arrested early Sunday morning in Albuquerque, New Mexico and is facing charges of aggregated DWI and possession of marijuana, per a report from the Albuquerque Journal.

The arrest occurred at 1:35 a.m. MST, per the police report obtained by the Journal. Bragg was then booked shortly before 5 a.m. MST.

“The UNM Athletic Department has been notified that there was an incident regarding senior Carlton Bragg Jr. early this morning,” the school said in a statement supplied to the Journal on Sunday. “The department is aware of the situation is looking into it further. At this time, there will be no additional comments from anyone at UNM.”

This is not the first time that Bragg has recently encountered legal trouble. Bragg was suspended for three games earlier in the season after it was revealed that Bragg was under investigation for attempted rape. According to a police report, a woman had gone to the Family Advocacy Center to report the incident in November. She said that after a night of drinking in August, Bragg tried multiple times to forcefully unbutton her pants without her consent, per KOB Channel 4 in Albuquerque.

Bragg told police that nothing inappropriate happened. He has not been charged with a crime and the team reinstated him on Jan. 3.

Bragg began his collegiate career at Kansas, where he also encountered trouble with the law. Bragg was suspended from the Jayhawks in 2016 after he was arrested and charged with battery against a woman. That charge, however, was dropped, and the woman who alleged the battery was later charged with a crime after prosecutors reviewed video surveillance of the incident.

Following his sophomore season, Bragg transferred to Arizona State, but he lasted less than a semester before being kicked off the team due to an unspecified violation before heading to New Mexico.

Bragg is averaging 12.6 points per game on 53.7 percent shooting from the field to go along with 10.3 rebounds and 1.5 blocks per game this season for the Lobos. He is shooting 81.1 percent from the free-throw line. Last season in his first year with the Lobos, he averaged 10.5 points per game on 49.7 percent shooting with 8.8 rebounds.

“Carlton is obviously our biggest player, shot block, he’s our best rebounder,” Lobos coach Paul Weir said. “When you lose someone of that profile, it changes your team.”

During two years at Kansas from 2015-2017, Bragg scored a total of 305 points. Bragg averaged 5.2 points and reeled in 4.1 rebounds a game as a sophomore. He was ranked as the No. 24 overall recruit in the 2015 recruiting class, per the 247Sports Composite rankings.

“I really enjoyed my time here at Kansas,” Bragg said shortly after he transferred. “Kansas has the best fans and I do love the program. This past year didn’t go as well as I thought it would and it’s in my best interest to get a fresh start. I want to thank my teammates, coaches and the fans for all their support these past two years. I will always cheer for the Jayhawks.”