The request would shift a dispute involving a publicly funded contract out of public court, changing who decides the case and limiting public access to records and testimony

Damien Willis, Organ Mountain News

LAS CRUCES - New Mexico State University has asked a judge to move a lawsuit filed by former athletic director Mario Moccia out of district court and into private arbitration, a procedural step that would shift decision-making over a publicly funded contract away from the public court system — and out of public view.

Moccia was terminated in 2023 amid fallout from a hazing scandal within the men’s basketball program. In November, he sued the university, alleging wrongful termination and breach of contract. He contends that NMSU lacked proper cause to fire him and failed to follow contractual provisions governing discipline and termination. The university disputes those claims.

The university’s motion, filed earlier this month, argues that Moccia’s employment agreement requires arbitration of his breach-of-contract claims. If granted, the request would move the core dispute — including fact-finding and final decisions — into a forum that is typically not open to the public.

What the university is asking for

In its motion to compel arbitration, NMSU contends that the terms of Moccia’s contract require employment disputes to be resolved through arbitration rather than in court.

Arbitration is a private process in which disputes are decided by an arbitrator instead of a judge, and proceedings and records are generally not public.

A request for more time to respond

After the university filed its arbitration motion, Moccia submitted an unopposed request seeking additional time to file his response. The filing asks only for a two-week extension of his deadline and does not address whether the case should be arbitrated.

No ruling has been issued on either motion.

Why arbitration matters in this case

Because NMSU is a public institution, disputes involving senior employment contracts implicate taxpayer-funded salaries and potential severance or damages.

If the arbitration request is granted, decisions about the contract dispute would be made in a private forum rather than in district court. That shift would limit public access to testimony, evidence and rulings tied to how the university handled the termination of a high-ranking official.

The motion does not resolve the underlying claims, but it would determine who decides the case and whether that process occurs in public court or private arbitration.

What would remain in court

The university’s motion does not seek to arbitrate Moccia’s separate claim under the Inspection of Public Records Act. The records dispute centers on what documents NMSU produced in response to public records requests tied to Moccia’s termination.

That portion of the lawsuit would remain in district court regardless of how the arbitration issue is resolved.

What happens next

A judge will decide whether the employment agreement requires arbitration of the contract claims. If the motion is granted, the dispute would proceed in private arbitration. If it is denied, the case would continue in district court, where filings, hearings and rulings would remain part of the public record.

In an email, an NMSU spokesperson said the university does not comment on pending litigation.

Organ Mountain News will continue to follow the case as the court considers the arbitration request.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.