Cornell rape lawsuit leads district attorney to reopen criminal investigation

A former Cornell University student, identified as Jane Doe, has filed a civil lawsuit accusing seven members of the Chi Phi fraternity of drugging and sexually assaulting her in October 2024. The suit also alleges that the university failed to protect her and that its internal investigation resulted in limited sanctions.

The Tompkins County District Attorney’s Office announced on September 28 that it will reopen the criminal investigation and present evidence to a grand jury. District Attorney Matthew Van Houten said the plaintiff’s sworn statement from November 2024 described the encounter as consensual, differing from the allegations in the civil complaint, and that the office will reassess charges based on new testimony and evidence.

"Once she was emotionally ready, she went to the University police and bravely shared what had occurred to her. She went to the police because she believed that she was the victim of a crime," said attorney Thomas Giuffra.

"Other than her initial contact with Cornell Police, she was not contacted by investigators from the Tompkins County District Attorney's Office or any investigators trained in interviewing rape survivors," Giuffra added.

Cornell said its Title IX investigation involved a hearing panel of faculty and staff, which imposed expulsions and suspensions on several accused students and led to the closure of the Chi Phi chapter. The university rejected claims that some defendants received only essay assignments as punishment.

"Any suggestion that the university did not impose consequential punishments for those involved is false," the university statement read.

The lawsuit seeks compensatory and punitive damages for breach of contract, negligence and state law violations, though the amount sought is not disclosed.

Defendants have denied the allegations. Jeremy Saland, representing one accused student, acknowledged inappropriate Snapchat messages but said they do not prove sexual assault and presented a hair-follicle test indicating no ketamine use. Another defendant’s lawyer, Andrew Miltenberg, said his client “unequivocally denies the allegations” and emphasized that accusations are not proof.

The district attorney said the case will be presented to a grand jury, which will decide whether to issue indictments. Giuffra welcomed the reopening of the investigation, calling it a “step in the right direction, albeit a late one.”