Tompkins County district attorney reopens investigation of alleged Cornell fraternity assault

Prosecutors in Tompkins County said they are reopening the investigation into allegations that a former Cornell student was drugged, assaulted and gang-raped by members of the Chi Phi fraternity. The decision follows a civil lawsuit filed earlier this month that renewed public scrutiny of the incident.

District Attorney Matthew Van Houten said his office will consider whether to bring criminal charges and intends to present the case to a grand jury with the complainant’s cooperation. He noted that the allegations in the civil complaint differ from the woman’s original statement to police, which did not claim she was drugged or unable to consent.

"It's our intention to present the case to the Tompkins County grand jury with Jane Doe's cooperation," Van Houten told ABC News.

Van Houten added that the office relied on the investigation conducted by Cornell University Police and did not conduct an independent probe, a practice he said is common among upstate New York counties.

"She never says that she was drugged without her knowledge. She admits to taking drugs and alcohol voluntarily and with knowledge. She does not allege that she was forced to engage in any acts," Van Houten said.

Attorney Thomas P. Giuffra, representing the plaintiff, contested the DA’s characterization of the initial police statement and criticized authorities for not following up with the survivor. He argued that a group-chat message cited in the lawsuit, which he described as a “critical piece of evidence,” was never provided to the DA’s office.

"My client went to the Cornell University Police because a crime was committed. It was the obligation of the police to investigate the complaints… Despite this there was no follow-up with Ms. Doe either by the Cornell Police or the Tompkins County District Attorney," Giuffra said.

Cornell University said it had conducted a Title IX investigation and imposed sanctions, including suspensions and expulsions, against the fraternity members involved. The university confirmed that the Chi Phi chapter remains barred from campus and expressed support for the DA’s decision to allow the victim’s story to be heard by a grand jury.

Defendants named in the lawsuit have denied the allegations. Scott Kretzschmar’s attorney Jeremy Saland stated that his client never assaulted the plaintiff, while Scott Norris said he did not engage in sexual activity or drug use, acknowledging only limited involvement in a Snapchat exchange.

The case remains under review as both civil and potential criminal proceedings continue.