New York: Prosecutors in New York have reopened a criminal investigation into allegations of sexual assault involving a Cornell University student after new information emerged in a civil lawsuit filed against the university.
The case concerns an alleged incident at a Chi Phi fraternity house in Ithaca in October 2024. The woman, identified as Jane Doe in court documents, filed a civil lawsuit against Cornell University, the fraternity and several individuals on September 16, alleging that she was drugged and sexually assaulted.
The allegations have not been established in criminal court. Cornell has disputed claims that it failed to investigate the incident or appropriately discipline students involved.
What the Cornell Lawsuit Alleges
According to the 101-page civil complaint, Jane Doe was a 20-year-old Cornell undergraduate when the alleged incident occurred on October 19, 2024.
The lawsuit alleges that she went to the Chi Phi fraternity house after drinking with friends and later became heavily intoxicated. It claims that seven men sexually assaulted her over several hours and that ketamine was involved.
The complaint includes allegations of sexual assault and battery, negligence, breach of contract and violations of New York’s Human Rights Law.
The lawsuit also refers to communications allegedly exchanged among fraternity members around the time of the incident. One image included in the filing is described as a screenshot from a fraternity group chat in which members discussed the possibility of a sexual encounter involving Jane Doe.
According to the lawsuit, she reported the incident to Cornell University Police in November 2024.
Prosecutors Reopen Criminal Investigation
Tompkins County District Attorney Matthew Van Houten announced that his office was reopening its criminal inquiry into the allegations.
Van Houten said prosecutors had previously determined that the evidence available at the time did not meet the legal threshold for criminal charges.
He said his office was seeking additional information from Jane Doe and her attorneys before presenting the matter to a grand jury.
The district attorney has also pointed to differences between Jane Doe’s initial account to investigators in 2024 and the allegations contained in the subsequent civil lawsuit.
According to Van Houten, her sworn statement to Cornell police in November 2024 did not allege that she had been drugged against her will or that she had been gang raped. He said the earlier account described some drug use and sexual activity as voluntary.
Jane Doe has subsequently said that she believes she was raped during a later part of the encounter because of her level of intoxication and inability to make decisions.
The distinction between the accounts is now part of the renewed criminal review.
Police Interviews Become Part of the Case
Recent reports have brought additional details from interviews with Cornell University Police into public view.
CBS News New York reported that it obtained transcripts of interviews conducted with Jane Doe in November 2024. According to the report, she described the beginning of the sexual encounter differently from what she later described as the assault.
ABC News also reported on a police document in which Jane Doe said she felt unable to make decisions during a later encounter because she was heavily intoxicated.
The accounts and other evidence are expected to be considered as prosecutors reassess the case.
Van Houten told The New York Times that he wanted to speak with Jane Doe about new evidence that had emerged. He also indicated that the allegations in the civil lawsuit would still have to be evaluated against the legal standard required for criminal prosecution.
Cornell Says Students Were Disciplined
Cornell University has rejected allegations that it failed to investigate the incident or punish students accused of misconduct.
The university said its police department investigated the matter and that the case was referred to a panel of trained faculty and staff.
According to Cornell, the disciplinary process resulted in a range of sanctions, including expulsions and suspensions.
The university acknowledged that essays may have been part of disciplinary measures but disputed the suggestion that writing an essay was the only consequence imposed on individuals involved.
Cornell also said temporary suspensions and other restrictions were imposed after the allegations were reported.
The university’s Chi Phi chapter was closed in 2024 and remains barred from campus, according to Cornell.
Chi Phi Says Members Were Expelled
The Chi Phi fraternity has also disputed any suggestion that it ignored the allegations.
Trey Robb, interim executive director of Chi Phi, said the fraternity’s records showed that the chapter voted to remove the accused members three days after Jane Doe filed a police report.
Robb said the local chapter subsequently recommended permanent expulsion and that the national fraternity’s Grand Council later approved the expulsions.
The fraternity said it would not comment further on matters currently before the courts or under investigation.
Civil Lawsuit and Criminal Case Are Separate
The developments involve two separate legal processes.
Jane Doe’s lawsuit is a civil case, in which she is seeking legal remedies against Cornell, the fraternity and individuals named as defendants.
The reopened investigation is a criminal matter, in which prosecutors must determine whether the available evidence meets the legal requirements for criminal charges.
A grand jury may ultimately consider evidence presented by prosecutors. The reopening of an investigation does not itself establish criminal wrongdoing, and no criminal conviction has been reported in connection with the allegations described above.
The case is expected to receive continued attention as prosecutors review additional evidence and the civil litigation proceeds.
