District attorney reopens case of alleged Cornell University ‘gang rape’
Tompkins County Prosecutors Revisit Cornell Fraternity Assault Allegations
Tyunews.com – The Tompkins County District Attorney’s Office is reopening its review of allegations involving a former Cornell University student and members of the Chi Phi fraternity, after a civil lawsuit drew renewed attention to an incident at the fraternity house in 2024.
District Attorney Matthew Van Houten said prosecutors are examining whether evidence now available could support criminal charges. He said his office hopes to take the matter to a Tompkins County grand jury with the cooperation of the woman identified in court filings as Jane Doe.
“It's our intention to present the case to the Tompkins County grand jury with Jane Doe's cooperation,” Van Houten said. “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.”
The renewed examination follows a lawsuit filed earlier this month by the former student. Her complaint alleges that she was drugged, sexually assaulted and gang raped by seven Chi Phi members at Cornell. The defendants named in the suit include the fraternity members, Cornell University and other parties.
Chi Phi’s Cornell chapter was prohibited from operating on campus after the alleged incident. Van Houten said no criminal charges were filed against the people accused in the complaint during the initial review.
Different Accounts at the Center of the Review
Van Houten has said the allegations detailed in the civil complaint differ sharply from the statement Jane Doe gave police in 2024. In explaining why charges were not pursued at that time, he said her original account did not state that drugs had been administered without her knowledge or that she had been forced into sexual activity.
“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.
The distinction is significant because a criminal investigation depends on the evidence available to law enforcement, the statements collected from witnesses and the legal standards that prosecutors believe can be met in court. A grand jury review, if it occurs, would determine whether there is sufficient basis to issue criminal charges; it would not decide guilt or innocence.
Van Houten said the office is looking again at whether material that was unavailable or unrecognized in November 2024 could alter its earlier assessment. He also acknowledged that his office relied on the Cornell University Police investigation and did not conduct a separate investigation of its own. He said that approach has been consistent with practices in many counties in upstate New York.
Attorney Challenges Earlier Handling of Complaint
Thomas P. Giuffra, the attorney representing Jane Doe, disputes the district attorney’s characterization of his client’s first statement to Cornell University Police. Giuffra has criticized the response by both university police and prosecutors, arguing that the woman should have been contacted by investigators with specialized experience in sexual-assault cases.
“In my experience, speaking with an abuse survivor requires delicacy, understanding and specialized training. An average University Police officer would not have these skills. It would be the role of a specially trained detective or district attorney. However, Ms. Doe was never contacted by anybody with those skills,” he said.
The lawsuit includes references to a group chat that Jane Doe says involved fraternity members discussing the alleged incident. Van Houten said that material was not provided to his office during the earlier review.
Giuffra described the messages as essential evidence and said they had been given to authorities in 2024. He argued that the chat supported the allegation that a crime had occurred and said no meaningful follow-up was made with his client by either Cornell police or the district attorney’s office.
“My client went to the Cornell University Police because a crime was committed. It was the obligation of the police to investigate the complaints. They were given the group chat inviting the members of the fraternity to rape my client. This was a critical piece of evidence supporting that a crime had occurred. Despite this there was no follow-up with Ms. Doe either by the Cornell Police or the Tompkins County District Attorney,” Giuffra said.
Cornell Cites Internal Review Process
Cornell has said it treats allegations of sexual violence with extreme seriousness. In a Sept. 21 statement, the university said its Office of Civil Rights and its Office of Student Conduct and Community Standards investigated and adjudicated the allegations under university policy.
Federal privacy law limits what Cornell can publicly disclose about individual students and disciplinary outcomes. The university said violations of its policies may lead to sanctions ranging up to suspension or expulsion.
The civil case and the criminal review are separate processes. A university disciplinary proceeding addresses compliance with campus rules, while a civil lawsuit can seek legal remedies through the courts. A criminal case, if brought, would require prosecutors to establish charges under New York law and proceed through the criminal justice system.
For now, the reopened review means investigators and prosecutors will revisit the available evidence, including whether additional materials or cooperation from witnesses changes the record considered in 2024. No criminal charges have been announced, and the allegations in the lawsuit remain claims that have not been proven in court.
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