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Tompkins County prosecutors are reopening an investigation into an alleged 2024 gang rape at Cornell University after a civil lawsuit claimed the school did not do enough to protect the accuser. The district attorney plans to present the case to a grand jury.
Prosecutors in New York are reopening an investigation into an alleged gang rape of a former Cornell University student after a civil lawsuit was filed earlier this month by the woman's lawyer, claiming the school did not do enough to protect the accuser.
Tompkins County District Attorney Matthew Van Houten told ABC his office plans to present the case to a grand jury after the original investigation into the alleged 2024 assault resulted in no criminal charges. Van Houten said the allegations in the civil complaint were dramatically different than the woman's statement to police two years ago, at the time of the alleged incident.
Cornell Assault Case Heads to Grand Jury
The disturbing allegations about the assault of the former student, identified as Jane Doe, have already sparked widespread criticism and again put a spotlight on how universities handle student claims of sexual assault. It is our intention to present the case to the Tompkins County grand jury with Jane Doe's cooperation, Van Houten told ABC.
We want to reexamine whether there's additional evidence that we were not aware of in November of 2024, that exists now that would change our assessment of the case and would result in the grand jury finding that there was criminal conduct. Van Houten told CNN his office would release a public statement on the investigation Monday morning.
In the civil complaint, filed September 16, Doe alleges that seven members of Cornell's Chi Phi fraternity drugged and sexually assaulted her at the frat house in October 2024 and invited other fraternity members in a group chat to join the assault, sharing the photo of a Snapchat group message as part of the suit. None of the fraternity members have been criminally charged.
Chi Phi Allegations and University Response
The complaint alleges temporary suspensions were issued for the seven named students, who it said were afforded the opportunity to mitigate their conduct by submitting essays to the university, a claim Cornell denied. CNN has reached out to the Cornell University Police Department, the Chi Phi fraternity and others named in the lawsuit. Van Houten told ABC his office didn't bring criminal charges at the time because Doe did not allege she was drugged or assaulted.
He also said the photo of the group chat included in the complaint was never provided to his office. She never says that she was drugged without her knowledge. She admits to taking drugs and alcohol voluntarily and with knowledge. She does not allege that she was forced to engage in any acts.
She does not say that she was physically helpless or unconscious or incapacitated at any point during the time at the fraternity house, Van Houten said of Doe's 2024 statement to investigators. Van Houten acknowledged to ABC his office relied on the investigation conducted by the Cornell University Police Department and did not independently investigate the allegations, a practice he said was in line with many upstate New York counties.
Dispute Over the Original Investigation
Doe's attorney, Thomas P. Giuffra, told CNN in a statement the police report was not materially different from what was contained in the complaint and criticized the district attorney's office for not doing more at the time. It is challenging for me to understand how a thorough criminal investigation could have been conducted when she never spoke with anyone other than the officer who took her original complaint, Giuffra said, adding he believed opportunities to fully investigate these crimes were lost.
Other than her initial contact with Cornell Police, she was not contacted by investigators from the Tompkins County District Attorney's Office or any investigators trained in interviewing rape survivors, Giuffra told CNN. While I do not care for the attempt to blame Ms. Doe for these failures, we appreciate and support any efforts to prosecute the parties, Giuffra said.
If the District Attorney's office is now considering prosecution, I believe that it is a step in the right direction, albeit a late one. Cornell said in a statement Monday it supports the decision of the Tompkins County District Attorney to provide an opportunity for the victim's story to be heard by a criminal grand jury.
Disciplinary Sanctions and Title IX Process
In a statement on September 21, Cornell declined to confirm the individual disciplinary outcomes, citing federal student privacy law, and said violations of university policy could lead to sanctions up to and including suspension or expulsion, adding, We will respond in detail through the legal process. Doe's attorney said that Cornell ultimately expelled two of the seven accused students, while the others received lesser punishment, including suspensions, workshops or written assignments.
Cornell countered that claim in its Monday statement, saying there was a range of sanctions for the accused students, including suspensions and expulsions, but none of the individuals charged were offered the opportunity to write essays as a sole consequence of their involvement. The sanctions came after it conducted a formal Title IX investigation, separate from the criminal proceeding, and a panel of trained faculty and staff heard evidence over multiple days, the school said.
Any suggestion that the University did not impose consequential punishments for those involved is false, the statement read. A continuation of the false narrative that there were minimal consequences in this case is irresponsible, will make survivors feel less safe and supported, and will perpetuate the underreporting of sexual assault.
The school also said it barred the Xi chapter of the Chi Phi fraternity from its campus and launched a sexual assault task force shortly after the incident, adding it has implemented several of the group's recommendations. An attorney for one of the accused fraternity brothers denied any wrongdoing by his client. CNN is working to determine if the other fraternity brothers have representation.
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CP24:New York prosecutors reopen investigation after student files lawsuit over alleged gang rape at Cornell UniversityThis story was compiled and edited by the HeadTopics newsroom and HT AI from the reports above.
Cornell University Gang Rape Investigation Tompkins County Grand Jury Chi Phi Fraternity Civil Lawsuit
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