Woman who accused football player of rape files lawsuit against UNM
January 23, 2019 10:28 PM
ALBUQUERQUE, N.M.- A woman who accused a UNM football player of rape has filed a Title IX lawsuit against UNM.
No charges were filed against Nias Martin, a cornerback for the Lobos. However, Teriana Bagley claims the university had an inadequate response to a sexual assault victim.
Bagley transferred to a school in Arizona because of the harassment she says faced at UNM.
“Teriana was sexually assaulted by UNM football player named Nias Martin,” said Bagley's attorney Levi Monagle.
Nearly three years ago, Teriana Bagley alleged Martin raped her in the Lobo Village apartments.
Investigators say Bagley got a sexual assault exam that same day and notified campus police the next day.
A criminal complaint shows "Martin admitted to UNMPD that Bagley repeatedly told him 'no' and 'stop' while he was having sex with her."
Martin was not arrested and continued to play football.
According to the District Attorney's Office, prosecutors were going to take it to a grand jury but ended up dropping it when Bagley declined to pursue charges.
However, her attorney claims she made that decision because she was intimidated by football players and UNM head football coach Bob Davie.
“This is not the first time this has happened with UNM football program,” Monagle said. “We need to find a way to make sure it's the last time with the program."
In fact, the university suspended Coach Davie for 30 days after an independent investigation into the rape allegation and many other issues involving the football program.
Now, Bagley is suing the university claiming it failed to keep her safe after she reported. She also says UNM did not accommodate her academically.
Bagley claims she repeatedly had to miss class to speak with UNM police and her grades suffered.
She wants an unspecified amount of money in damages.
“When you go to an institution that's supposed to protect you, supposed to do all of these things on your behalf as a survivor of sexual violence and they essentially try to sweep the incident under the rug, and this is what happened here,” Monagle said.
University officials say they are aware of the lawsuit. However, they declined to discuss it with KOB 4.
Prosecutors say the statute of limitations has not expired, so it is still possible for charges to be filed if the case is pursued again.
Updated: January 23, 2019 10:28 PM
Created: January 23, 2019 09:38 PM
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