New York prosecutors have reopened a criminal investigation into allegations that a Cornell University student was raped at a fraternity house in 2024, after new information emerged in a civil lawsuit filed against the university.
The woman, identified as Jane Doe in court documents, filed a 101-page lawsuit against Cornell University, the Chi Phi fraternity and seven men on September 16. She alleges she was drugged with ketamine and sexually assaulted for hours at the fraternity house on October 19, 2024, when she was a 20-year-old undergraduate.
She also alleges Cornell failed to adequately protect her and did not impose appropriate punishment on those involved. The seven men have since been referred to as the “Cornell Seven”.
According to the lawsuit, Jane Doe had been drinking before leaving her sorority sisters and going alone to the Chi Phi house in Ithaca to meet a male friend. She alleges she was too intoxicated to provide consent during the subsequent encounters.
Her allegations include sexual assault and battery, negligence, breach of contract and violations of New York’s Human Rights Law.
The case has attracted renewed attention after prosecutors announced they would revisit the criminal investigation. Tompkins County District Attorney Matthew Van Houten said his office had previously concluded that the evidence available in 2024 did not meet the legal threshold for criminal charges.
However, Van Houten said he had since contacted Jane Doe and her lawyers for additional information and planned to present the case to a grand jury once the appropriate charges had been determined.
The prosecutor also highlighted a significant difference between Jane Doe’s 2024 statement to Cornell police and the allegations in her civil lawsuit.
Van Houten said her sworn statement at the time did not allege that she had been drugged against her will or gang raped, and described her participation in drug use and sexual activity as voluntary and consensual.
However, transcripts of later interviews obtained by US media show Jane Doe describing later encounters differently. She reportedly told campus police that she was so intoxicated she felt unable to make decisions and believed the men should have recognised her condition.
She also reportedly told investigators she could say with “100% confidence” that she had been raped.
The Cornell University Police Department provided prosecutors with evidence from a Snapchat group involving members of the fraternity. The university said the group chat discussed a potential sexual encounter involving Jane Doe shortly before 2am on October 20, 2024.
Additional text messages reportedly exchanged between Jane Doe and one of the men two days after the incident have also emerged. In those messages, the man appeared to apologise for how events unfolded and said his memory was unclear because of intoxication.
Cornell has rejected the allegation that it failed to investigate or punish those involved. The university said its internal process resulted in a range of sanctions, including expulsions and suspensions.
It also confirmed that some students faced temporary suspensions and other restrictions after the allegations were reported. Cornell said none of those investigated were given an essay as the sole punishment.
The university has since agreed to an independent investigation into its handling of the case after New York Governor Kathy Hochul spoke with Cornell’s president.
Hochul said the university understood the importance of an independent review, while Cornell said it remained committed to addressing sexual misconduct on campus.
The Xi Chapter of Chi Phi was suspended and closed in 2024 and remains barred from campus. The fraternity said the accused members were removed from the chapter and later permanently expelled by its national organisation.
The case is now expected to return to prosecutors for further review, with Van Houten saying the allegations are being assessed objectively before any decision is made on potential criminal charges.
