Cornell Rape Case: A criminal investigation into allegations involving seven members of the Chi Phi fraternity at Cornell University has been reopened after the Tompkins County district attorney said his office did not receive a transcript of the alleged victim’s campus police interview before the case was initially declined for prosecution.
The case centers on an alleged sexual assault at the fraternity house on Cornell’s Ithaca, New York, campus in October 2024. A civil lawsuit filed by a former student, identified as Jane Doe, alleges that she was given ketamine and sexually assaulted by several fraternity members for hours.
Tompkins County District Attorney Matthew Van Houten said his office is now pursuing criminal charges against the seven fraternity members and plans to present the case to a grand jury.
What Happened at Cornell?
According to the civil lawsuit, Jane Doe was 20 years old and a Cornell student when she went to the Chi Phi fraternity house in October 2024 while intoxicated. She alleges that two fraternity members pressured her to take what they said was ketamine before sexually assaulting her.
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The lawsuit says one of the men later posted a message in the fraternity’s Snapchat group suggesting that Jane Doe was available for sex. Other fraternity members then arrived at the house, and the lawsuit alleges that the sexual assault continued for several hours.
The complaint says the alleged assault ended at about 5:45 a.m., when Jane Doe lost consciousness. She reported the incident to Cornell’s police department on Nov. 8, 2024.
Jane Doe later gave a sworn statement to campus police in November. Van Houten initially said the statement did not allege that she had been drugged against her will or gang raped. He said the statement instead described her drug use and sexual conduct as voluntary and consensual.
However, ABC News reported that Jane Doe told police the encounter felt like coercion. She also said she had said no to a proposed foursome and felt unable to make decisions because of how intoxicated she was.
Interview Transcript Raises New Questions
CBS New York published excerpts from Jane Doe’s Nov. 14, 2024, interview with campus police. In the interview, she reportedly said she was completely certain that she had been raped.
Van Houten said he had never seen the transcript before. He said his office would follow up on why the transcript had not been provided and indicated that the statement would have been important to examine more closely.
The district attorney has also explained why his office did not initially prosecute the seven fraternity members. He said the November 2024 decision was based on the evidence and sworn statement available to his office at that time, rather than the civil lawsuit that was filed much later.
What Does the Lawsuit Allege?
Jane Doe filed the civil lawsuit against Cornell University and seven members of Chi Phi, alleging that she was sexually assaulted at the fraternity house when she was unable to give consent.
The lawsuit also names the Chi Phi fraternity, Jane Doe’s sorority, Delta Delta Delta, and an off-campus bar that allegedly served her alcohol. She is seeking compensatory and punitive damages for alleged psychological injuries, emotional distress, pain and suffering, and loss of enjoyment of life.
The complaint says Jane Doe arrived at the fraternity house after drinking. She alleges that two fraternity members pressured her to use ketamine and then sexually assaulted her. The lawsuit says one of the men sent a message to the fraternity’s Snapchat group, after which several other members came to the house.
The complaint alleges that the men poured lines of ketamine over Jane Doe’s body and snorted them during the incident. It says the alleged assault continued until about 5:45 a.m., when she lost consciousness.
Van Houten told ABC News that the Snapchat messages were disturbing, but said the criminal investigation focused on whether Jane Doe legally consented. He said New York law does not automatically establish an inability to consent simply because someone voluntarily became intoxicated or was under the influence of drugs.
Cornell’s Response
According to the lawsuit, the fraternity members were temporarily suspended while Cornell carried out a months-long Title IX investigation. The complaint says the process included at least 12 hearings and that the accused students were allowed to submit essays as part of the disciplinary process.
The lawsuit says two of the seven accused fraternity members were expelled, while the others received lesser sanctions. Jane Doe later left Cornell.
Cornell said it completed its Title IX investigation and adjudicated the allegations under university policies. The university also said the Xi chapter of Chi Phi remains barred from campus.
Cornell has declined to disclose individual disciplinary records, citing federal privacy laws. The university said violations of its policies can result in penalties including suspension or expulsion and that it will address the matter through the legal process.
The university also said it created a task force focused on campus sexual assault after the incident. A report released in March included recommendations aimed at improving sexual health and safety on campus. Cornell said some of those recommendations have already been put in place, while others remain in development.
USA Today reported that more than 1,200 incidents involving sexual assault, domestic and dating violence, and stalking were reported to Cornell’s Title IX office from 2018 through 2024. The report said 14 cases resulted in suspensions and seven ended in expulsion or dismissal.
Cornell spokesperson Rebecca Valli told USA Today that the university takes reports seriously and provides support and resources to complainants whether or not they choose to pursue a formal resolution.
Details from the Cornell Rape Case
Dig deeper:
The available case information centers on what Jane Doe says happened inside the Chi Phi fraternity house in October 2024. The lawsuit does not provide additional confirmed details about neighborhood residents, nearby witnesses, or surveillance footage connected to the incident.
Jane Doe reported the alleged assault to Cornell police on Nov. 8, 2024. She later gave a sworn statement to campus police in November. Her account became a central part of the review that initially did not lead to criminal prosecution.
The district attorney has since reopened the criminal investigation involving the seven fraternity members. Van Houten said his office plans to take the case to a grand jury.
New York Governor Calls for Review
New York Gov. Kathy Hochul said she is calling for a transparent, independent review of Cornell’s initial response to the allegations.
Hochul said the university’s handling of the case raised serious concerns and called for an independent examination of what happened during the initial response.
Cornell has said it supports the district attorney’s decision to reopen the criminal investigation. The university has also rejected claims that it failed to impose meaningful discipline following its own Title IX process.
Public Reaction
The allegations in the lawsuit have drawn public reactions from several celebrities and public figures.
Actor Florence Pugh called for men to speak out against sexual violence and urged people to have broader conversations about sexual assault and the behavior that can allow it to continue.
Actor Josh Gad criticized Cornell over the allegation that some fraternity members were required to write essays as part of the university’s disciplinary process.
Former South Park writer Toby Morton launched TheCornell7.org, a website focused on the university and the seven fraternity members named in the case.
Actress Mariska Hargitay also shared a statement with the Joyful Heart Foundation, an organization that supports survivors of sexual assault, domestic violence and child abuse. Her post referenced an editorial published by the Cornell Daily Sun.
At a town hall in Ithaca, Rep. Alexandria Ocasio-Cortez, a New York Democrat, also spoke about the allegations. She said Jane Doe lost her education after the incident and criticized what she described as institutional protection of the accused.
Ocasio-Cortez also offered support to Jane Doe and other survivors of sexual assault, telling them that what happened to them does not define their lives or limit what they can achieve.
The criminal investigation is now moving forward, with Van Houten saying the case involving the seven fraternity members will be presented to a grand jury. The allegations in the civil lawsuit remain allegations, while the criminal process will determine whether charges are ultimately brought.
