Cornell fraternity member moves to dismiss sexual assault claims
Diego Sarabia, a former Chi Phi fraternity member, has asked a New York judge to throw out all allegations in a lawsuit filed by a former Cornell student who identified herself as Jane Doe.
Diego Sarabia, who was a member of Cornell University's Chi Phi fraternity, filed a motion on Friday seeking dismissal of all claims in a lawsuit filed on Sept. 16 by a former student identified as Jane Doe. The plaintiff alleges that Sarabia participated in a gang-rape at the fraternity house on Oct. 19-20, 2024. Sarabia denies the allegations, and his lawyers argue that the complaint is either time-barred, legally insufficient, or both.
James C. Knox, Sarabia’s attorney, wrote that the suit “is essentially a lawsuit about a forced kiss” and contended that the conduct described does not meet the statutory criteria for the extended limitations period cited by the plaintiff. Knox also noted that the complaint does not allege that Sarabia supplied drugs or alcohol, participated in the alleged sexual encounters, or was present for most of the conduct described.
"Throughout a sprawling complaint approaching 600 paragraphs, plaintiff repeatedly, collectively and without differentiation accuses seven student defendants of ‘sexual assault and rape,’" Knox wrote, adding that such conclusory statements do not replace pleaded facts.
The plaintiff’s attorney, Thomas Giuffra, declined to comment. The case has drawn broader attention to Cornell’s handling of sexual-assault allegations, prompting the university’s Board of Trustees to retain former Deputy Attorney General Sally Yates to conduct an independent review of campus policies.
Cornell University Police investigated the allegations, leading to the expulsion of two students and disciplinary actions against others. Tompkins County District Attorney Matthew Van Houten declined to file criminal charges in November 2024, citing a statement in which Doe described parts of the encounter as consensual.
Governor Kathy Hochul deemed the investigation inadequate and appointed State Attorney General Letitia James as special prosecutor. James’ office has begun its review and plans to hire outside investigators. Two of the accused men have filed motions to disqualify James, arguing that a prior social-media comment shows bias. The challenges remain pending.
"I am committed to leading a comprehensive investigation they can trust, guided only by the facts, the evidence, and the law," Attorney General James said.