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The investigation into an alleged rape at Cornell University in 2024 will be reopened, authorities said Monday.
The move comes after a lawsuit was filed earlier this month by a woman who claimed she was drugged and raped by multiple people at a fraternity house over the course of hours.
Investigation is being reopened
“I have been asked by the community to revisit the decision whether to pursue criminal charges against the seven fraternity members. I have already begun that process, starting with our conversation with Jane Doe and her attorneys. 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,” Tompkins County District Attorney Matthew Van Houten said in a written statement.
“The Grand Jury will be able to consider the testimony of Jane Doe as well as any new evidence raised by the allegations of the civil complaint. Upon a vote by the Grand Jury to indict any or all of the individuals involved, this office will prosecute the charges zealously and to the fullest extent of the law,” the statement continued.
What the lawsuit alleged happened
According to the lawsuit, Doe was 20 years old in 2024 when she said she was drugged and raped at the Chi Phi fraternity house. Doe’s attorney Thomas Giuffra claimed that following an investigation into the allegations, two of the accused were expelled, and there were no arrests.
Doe said she went to visit a friend at the frat house while she was intoxicated, and alleged she was pressured by two fraternity brothers into snorting what they said was ketamine.
A man then allegedly sent a message to the frat’s Snapchat group chat suggesting a woman was available for sex. Doe says more men showed up after the message was out, and she was raped for hours.
Doe filed a report with the university’s police department about three weeks later.
DA: lawsuit allegations don’t match what was previously described
Van Houten however said that is not the version of events his office was told at the time.
“Jane Doe’s sworn statement in November of 2024 did not allege that she was drugged against her will or gang raped. On the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual,” Van Houten said in a statement Monday. “My office obviously did not and could not have based our November 2024 decision on the allegations in a civil lawsuit that would not be filed until nearly two years later. Furthermore, I have never been contacted by Jane Doe’s attorneys. Not to inform me the original statement was inaccurate and not to ask me to reconsider our decision. Rather, I reached out to Jane Doe’s attorneys after the lawsuit was filed to understand the discrepancy between the original statement and the lawsuit’s allegations and the proper path forward in light of the lawsuit’s allegations.”
Van Houten said his office was contacted by police at Cornell University in November 2024 to review Doe’s statement. He said his office was provided with a six-page document that was signed by Doe and that “the statement … provides a different narrative and set of facts of the evens of October 19, 2024 than those alleged in the lawsuit.”
Van Houten said it had nothing to do with whether or not the allegations would be difficult to prove.
“In this case, multiple prosecutors and criminal investigators reviewed Jane Doe’s statement and correctly determined the alleged facts as set forth in the statement do not constitute a crime. This decision was not because the case would have been difficult to prove in court – it was because the facts as set forth in the statement objectively prevent the filing of criminal charges. To be clear, the credibility of the woman, who described the facts in excruciating detail, was never in question,” Van Houten said.
Van Houten said he was not at present going to release the signed statement initially provided to his office. He provided a summary, however.
The Ithaca Police Department told CBS News New York the alleged incident was never reported to them, adding they are disturbed by the allegations.
Cornell University, Chi Phi respond to lawsuit allegations
Cornell University released a statement about the reopening of the case.
“Cornell University supports the decision of the Tompkins County District Attorney (DA) to provide an opportunity for the victim’s story in the 2024 Chi Phi fraternity sexual assault case to be heard by a criminal grand jury.
“Cornell also conducted a thorough Title IX investigation, which is separate from a criminal proceeding, over the course of several months. During that investigation, temporary suspensions and other restrictive measures were used. After investigation, and pursuant to federal law, the matter was sent to a hearing where a panel of trained faculty and staff heard evidence over multiple days. The complainant and respondents had the opportunity to testify and present evidence. At its conclusion, the hearing panel issued a range of sanctions, which included expulsions and suspensions from Cornell. None of the individuals charged were offered the opportunity to write essays as a sole consequence of their involvement.
“In addition, the involved fraternity chapter was closed in 2024 and remains barred from campus.
“Any suggestion that the university did not impose consequential punishments for those involved is false. 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.”
Cornell University previously said the school had launched a task force on sexual assaults, and set up a website where students can report bias, discrimination, harassment and sexual misconduct incidents.
The Chi Phi national headquarters sent CBS News New York the following statement following the initial lawsuit.
“The sexual assault allegations involving parties at Cornell University are deeply concerning. Anyone who reports sexual violence deserves to be heard and treated with compassion, dignity, and respect.
“Chi Phi unequivocally condemns sexual violence. Our founding principles of Truth, Honor, and Personal Integrity, and our mission of Building Better Men, call on every brother to demonstrate character through his actions and respect for the dignity and safety of others. Sexual violence is fundamentally incompatible with those expectations.
“We are aware of the lawsuit concerning an alleged incident in 2024. While we cannot discuss the specific allegations during pending litigation, we take this matter seriously. Our responsibility is to approach this with care for those affected and respect for a fair legal process.”
