Cornell rape lawsuit prompts reopening of criminal probe

A former Cornell University student filed a 101-page civil lawsuit alleging she was drugged and gang-raped inside the Chi Phi fraternity house on Oct. 19, 2024. The complaint names seven fraternity members, the fraternity organization and the university, accusing them of negligence, breach of contract, sexual assault, battery and violations of New York’s Human Rights Law.

The Tompkins County District Attorney’s Office announced on Monday that it is reopening the case and will present it to a grand jury after community members asked for a review of the decision not to file criminal charges. District Attorney Matthew Van Houten said the original 2024 police report did not contain the allegations now detailed in the lawsuit, noting that the statement indicated the victim stopped sexual activity each time she asked to stop.

"My job under the New York State Constitution is to apply the penal law of New York State," Van Houten said when questioned about the scope of the investigation.

The plaintiff, identified as Jane Doe, alleges she arrived at the fraternity house after consuming about ten drinks, was offered additional alcohol and a substance described as ketamine, and was then assaulted while unable to consent. The suit includes a screenshot of a Snapchat group message that reportedly advertised “free p*ssy” and encouraged other members to join the assault.

An attorney for one of the accused fraternity brothers denied any wrongdoing, stating his client never touched the plaintiff. Cornell University said it imposed a range of sanctions, including expulsions and suspensions, after a Title IX investigation, and that the Chi Phi chapter has been closed and barred from campus.

Doe’s lawyer, Thomas P. Giuffra, criticized the original investigation as inadequate, saying the victim was not interviewed by investigators trained in handling sexual assault cases. The Ithaca Police Department said it learned of the allegations only recently through media reports and had not been contacted at the time of the incident.

The lawsuit seeks a jury trial for monetary damages and alleges the university failed to properly discipline the accused and impeded law-enforcement cooperation. Cornell responded that the university imposed consequential punishments and supports the district attorney’s decision to allow the case to be heard by a grand jury.