New Mexico is currently one of six states that does not have anti-hazing legislation on the books — a fact that could change during the upcoming 60-day legislative session in Santa Fe.

On Jan. 16, 2025, New Mexico Attorney General Raúl Torrez announced new anti-hazing and anti-cyberbullying bills will be presented to the legislature and primarily sponsored by State Sen. Antonio Maestas (D-Albuquerque).

The legislation introduces penalties for hazing, cyberbullying and failure to report such incidents. If passed, post-secondary institutions would be required to implement a code of conduct, establish hazing prevention committees, and provide accessible hazing prevention education. 

Proposed penalties for hazing-related offenses include: 

• A misdemeanor for participating in “harmful conduct” connected to a student’s recruitment, initiation, or affiliation with student organizations, such as athletic teams.
• A misdemeanor for failing to report known or suspected hazing by an administrator, faculty member, coach, employee, independent contractor, or volunteer.
• A fourth-degree felony for hazing resulting in physical or significant psychological harm. 
• A third-degree felony for hazing causing great physical harm.
• A second-degree felony for hazing resulting in death. 

The legislation also includes proposed penalties for cyber-bullying offenses, which include:

• A misdemeanor for cyber-bullying without physical or psychological harm.
• A fourth-degree felony for cyberbullying that does cause physical or significant psychological harm. 
• A third-degree felony for cyberbullying resulting in great physical harm. 

The 60-day session begins Jan. 21 and ends March 22. Legislators can pre-file bills until Jan. 17 and the deadline to introduce legislation is Feb. 20.

The hazing and sexual assault allegations during New Mexico State University’s 2022-23 men’s basketball team were mentioned as part of the reasoning behind the legislation by Torrez, who produced a 68-page report entitled ‘Title IX and hazing on campus: Lessons learned from New Mexico State University,’ that called for anti-hazing legislation to be passed in New Mexico. The report led to the firing of former NMSU athletic director Mario Moccia on Jan. 2.

“In light of the recent report that we issued with respect to the specific and egregious allegations of hazing that occurred inside the New Mexico State’s basketball team, we promised to work with legislative leaders, stakeholders and others to develop a comprehensive approach to addressing those issues,” Torrez said in a Thursday press conference in Santa Fe.

Hazing allegations have been front and center in the past three years for the two Division I men’s basketball programs in the state.

New Mexico State settled one lawsuit in June 2023 for $8 million alleging three former Aggies men’s basketball players sexually assaulted two of their teammates. There are two additional lawsuits pending. Newly hired NMSU President Valerio Ferme said the AG report was a significant factor in his decision to fire longtime Director of Athletics Mario Moccia in January.

In December 2024, a University of New Mexico walk-on guard sued the University and men’s basketball coach Richard Pitino for creating an unsafe environment that led to another player allegedly punching him.

There were two bills regarding hazing, one in the House and one in the Senate, that were introduced during the 30-day session last year, that did not make it to the finish line. House Bill 225 would have created criminal penalties for both individuals who commit hazing acts and for anyone — coaches, teachers, staff — who reasonably should have known and did not report. Senate Bill 55 was modeled after similar legislation passed in Washington in 2022 and would have made hazing a misdemeanor.

Maestas will lead the efforts to try again this year and called hazing an “outdated and dangerous practice.”

“It’s our duty as leaders, parents and community members, to ensure that every child in New Mexico grows up in an environment where they feel safe and supported,” Maestas said. “And that’s why this year, during our upcoming session, I’m proud to be the prime sponsor of these two critical pieces of legislation that address pressing issues impacting our youth, cyberbullying and hazing.”

Eighth Judicial District Attorney Marcus Montoya and vice president for Legislation and Advocacy of the New Mexico Parent Teacher Association Board Renata Witte joined Torrez and Maestas during Thursday’s conference. Montoya regards the legislation as important and says it will give him and fellow prosecutors more ways to combat hazing and cyberbullying in New Mexico.

“I have seen in my community how cyberbullying and hazing have terrible, lasting physical, emotional, psychological, and sometimes fatal consequences,” Montoya said. “As a prosecutor, we do not currently have any tools in our toolkit to address these particular issues and behavior and misconduct. I do stand here with Senator Maestas, the Department of Justice and other stakeholders to support this very critical legislation.”

Witte says the legislation should be passed so kids in schools across New Mexico, including elementary, middle, high schools and colleges can feel safe.

“Every child deserves to feel safe in the extracurricular activities and in the organizations that they participate in,” Witte said. “Hazing is a dangerous practice, and it can have devastating consequences. It should not be considered a right of passage. Hazing sends the wrong message to our youth about the values of respect, belonging and leadership. Our children should feel secure and that they are growing up in a world where the adults around them, schools, education leaders, families and community members make a commitment to protect them.

“We need to send a clear message to the youth of New Mexico. New Mexico prioritizes your safety and your well-being.”