New York state authorities have reopened a criminal investigation into an alleged mass sexual assault at Cornell University, triggered by a civil lawsuit filed by the accuser who contends that university officials and law enforcement failed to adequately address the allegations.
According to court documents submitted on September 16, the woman, identified in legal filings as Jane Doe, alleged she was drugged and assaulted by members of the Chi Phi fraternity in October 2024. The case has drawn significant public scrutiny and criticism toward both Cornell University and the Tompkins County District Attorney’s Office regarding their initial handling of the report.
District Attorney Matthew Van Houten announced Monday that while his office previously determined the evidence from the complainant’s initial statement did not meet the legal threshold for charges, the matter will now be presented to a grand jury. “Once we determine the appropriate charges, the case will be prosecuted in the most objective and impartial means available – by testimony to the Tompkins County grand jury,” Van Houten stated.
The 101-page civil complaint outlines that Doe, then 20, visited the fraternity house in Ithaca on October 19, 2024, after drinking at an off-campus bar. She alleges that two fraternity members propositioned her and pressured her into consuming ketamine and marijuana. Doe claims she was raped by seven men over a seven-hour period before passing out around 5:45 a.m., asserting that her level of intoxication rendered her unable to consent.
Doe reported the incident to Cornell Police on November 8, 2024, but no criminal charges were initially filed. Her attorney, Thomas Giuffra, told CBS News that aside from her initial police contact, she was not approached by investigators trained in sexual assault cases. He noted that while Cornell expelled two fraternity members following an internal review, five others faced lesser penalties such as suspensions and mandatory workshops.
“Not one of these guys was arrested,” Giuffra said, adding that Doe subsequently withdrew from the university. The lawsuit lists seven individuals—Matthew Ingalls, Johnathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris, and Scott Kretzschmar—as defendants, alongside Cornell, the Chi Phi fraternity, Doe’s sorority, Delta Delta Delta, and the off-campus bar. Claims include breach of contract, negligence, and violations of state law, with Doe seeking unspecified compensatory and punitive damages.
The complaint includes screenshots of a Snapchat group chat where fraternity members allegedly discussed the assault crudely. One image shows a message reading, “I f****** love Chi Phi.” Kretzschmar, a former member, denied involvement. His attorney, Jeremy Saland, described the messages as inappropriate but argued they do not constitute evidence of sexual assault. Saland also stated that a hair follicle test showed no ketamine in Kretzschmar’s system and that his client did not touch Doe.
Andrew Miltenberg, representing fellow defendant Gillio Lopes, stated that his client “unequivocally denies the allegations.”
Cornell University issued a statement supporting the district attorney’s decision to involve a grand jury. The university emphasized that its own investigation resulted in expulsions, suspensions, and the closure of the Chi Phi fraternity, which remains barred from campus. “Any suggestion that the university did not impose consequential punishments for those involved is false,” the statement read, warning that minimizing the penalties could discourage other survivors from coming forward.
Van Houten explained that Doe’s original November 2024 statement described drug use and sexual activity as voluntary and consensual, which influenced the initial decision not to charge. However, he acknowledged that victims often require years to fully process trauma, necessitating a reevaluation when new evidence emerges. A senior female prosecutor with extensive experience in sex crime cases will prepare the evidence for the grand jury.
Sexual assault on college campuses remains a widespread issue in the United States. Data from the 2019 Association of American Universities Campus Climate Survey indicated that 26.4% of undergraduate women experienced nonconsensual sexual contact through physical force or inability to consent, roughly one in four students.
It seems like institutional failure on every front. Both the university and police dropped the ball initially.
How can we ensure victims are interviewed by specialists trained in sexual assault from the very first moment?
I am surprised the DA initially declined charges based on her first statement, given the severity of the allegations.
This is a heartbreaking case. It is crucial that the justice system takes another look at this evidence.