Cornell student’s sworn police statement adds detail to 2024 assault allegations

A Cornell University student gave a sworn statement to campus police on Nov. 14 describing an hours-long encounter at the Chi Phi fraternity house on Oct. 19-20. She said she initially agreed to a threesome, became increasingly intoxicated after drinking and taking ketamine, and later could not recall many details. The statement notes she felt “extremely uncomfortable,” was unable to reach her phone, and lacked transportation to leave the room.

The student’s lawsuit, filed Sept. 16, alleges she was gang-raped and pressured to snort ketamine. It names seven fraternity members and claims the men continued sexual activity despite her repeated attempts to stop. The district attorney, Matthew Van Houten, released a statement saying the sworn account described the conduct as “voluntary, conscious, and consensual” and did not meet the legal standard for criminal charges. He added that each time the student asked to stop, the conduct stopped.

The student’s attorney, Thomas P. Giuffra, expressed disappointment with the prosecutor’s assessment and said the decision to reconsider prosecution was a “step in the right direction, albeit a late one.” Cornell University said its Title IX investigation resulted in expulsions and suspensions for the accused, though it did not disclose individual outcomes. The fraternity has been suspended from campus.

New York Governor Kathy Hochul announced that Cornell will retain outside counsel for an independent review of its handling of the case. The district attorney’s office said the written statement did not contain an allegation of non-consensual drugging or rape, and multiple prosecutors concluded the facts did not constitute a crime under state law.