Tompkins County district attorney reopens investigation into 2024 Cornell fraternity assault

Tompkins County District Attorney Matthew Van Houten said his office is re-examining a 2024 incident at Cornell University’s Chi Phi fraternity house and will prepare a case for a grand jury. The review follows a civil lawsuit filed by a former student, identified as Jane Doe, who alleges she was sexually assaulted, raped and given drugs by seven fraternity members on the night of Oct. 19-20, 2024.

Van Houten noted that the original investigation did not result in criminal charges because Doe’s November 2024 statement described the encounter as “voluntary, conscious and consensive,” and that her attorneys had not contacted the DA’s office before filing the lawsuit. He added that the grand jury will consider Doe’s testimony and any new evidence presented in the civil complaint.

"While I generally refrain from commenting publicly on criminal investigations, the community outrage stemming from the incomplete news and social media coverage requires that I provide an answer to why the investigation resulted in a lack of criminal charges," Van Houten said.

Doe’s attorney, Thomas P. Giuffra, said his client was traumatized after the alleged assault and only reported the incident to Cornell police when she felt emotionally ready. He criticized the handling of the case, citing a group chat among fraternity members that referenced “free p---” and suggesting that additional interviews could have uncovered more witnesses.

"She was in self-preservation mode," Giuffra said.

Cornell University responded that it supports the DA’s decision to bring the case before a grand jury and highlighted sanctions imposed through its Title IX process, including expulsions and suspensions. The university denied that any accused students were allowed to write essays as the sole consequence of their involvement.

"Any suggestion that the university did not impose consequential punishments for those involved is false," said Kyle Kimball, Cornell’s vice president for university relations.

The lawsuit also names the fraternity chapter, the national organization, the sorority, and a local nightclub as defendants, alleging negligence in preventing the assault and in serving alcohol to an intoxicated patron. Representatives for the fraternity, the sorority and the nightclub issued statements expressing concern and noting that they would not comment on pending litigation.

The Ithaca police department is conducting its own investigation, while the district attorney’s office clarified that it does not conduct parallel independent investigations but prosecutes cases based on police findings.