Cornell sexual assault case reopened after lawsuit raises new questions

New York prosecutors have reopened an investigation into allegations that a former Cornell University student was drugged and sexually assaulted by members of a fraternity in 2024, nearly two years after the case initially ended without criminal charges.

Tompkins County District Attorney Matthew Van Houten said his office intends to present the case to a grand jury with the cooperation of the former student, who is identified as Jane Doe in a civil lawsuit filed earlier this month.

The move follows renewed scrutiny of the case after Doe sued Cornell University, several fraternity organisations and seven current and former students, alleging that she was drugged and sexually assaulted at the Chi Phi fraternity house in October 2024.

Van Houten told ABC News that prosecutors were now examining whether evidence exists that was not available to them when the case was initially reviewed.

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“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,” he said.

No decision has yet been made on whether criminal charges will be brought.

Why no charges were filed earlier

Van Houten said the allegations contained in the new civil complaint were “dramatically different” from the account Doe gave Cornell University Police in 2024.

According to the district attorney, her original statement did not say that she had unknowingly been drugged, forced to engage in sexual acts or was unconscious or incapacitated at the fraternity house.

But Doe’s lawyer, Thomas P. Giuffra, disputes the prosecutor’s characterisation of the original investigation.

Giuffra told ABC News that speaking to a survivor of abuse required specialised training and said his client was never subsequently interviewed by a specially trained detective or prosecutor.

Van Houten acknowledged that his office relied on the investigation conducted by Cornell University Police and did not conduct its own independent investigation at the time.

Another point of contention is a fraternity group chat that features prominently in the civil lawsuit.

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The lawsuit alleges that during the incident, a message was sent to a Snapchat group called “Chi Phi Actives” inviting other fraternity members upstairs. Van Houten said the image of the group chat included in the civil complaint was never provided to his office.

Giuffra maintains that the messages were given to authorities in 2024 and described them as a critical piece of evidence.

What the lawsuit alleges

The civil complaint, filed on September 14, alleges that Doe was intoxicated when she arrived at the Chi Phi fraternity house on October 19, 2024.

She alleges that she was pressured into consuming a substance she was told was ketamine, as well as marijuana and alcohol, before being sexually assaulted by fraternity members over several hours.

The lawsuit names seven current or former Cornell students and also brings claims against Cornell, fraternity and sorority organisations, a local bar and other defendants.

The complaint seeks damages and accuses Cornell and other organisations of, among other claims, negligence and failing to adequately supervise those involved.

At least two defendants have publicly denied wrongdoing.

Jeremy Saland, an attorney for defendant Scott Kretzschmar, said his client “never sexually assaulted or even touched the plaintiff in any way” and said the defence has evidence contradicting the allegations.

Another defendant, Scott Norris, told ABC News that he did not participate in sexual activity or drug use. He acknowledged sending a Snapchat message included in the complaint but said he was not found responsible by Cornell for accusations involving sexual activity and drug use.

Cornell defends its response

Cornell has also pushed back against suggestions that students involved received only minor disciplinary sanctions.

The university said on Monday that it supports the district attorney’s decision to give Doe an opportunity to have her account heard by a criminal grand jury.

Cornell said its separate Title IX investigation lasted several months and included temporary suspensions and other restrictions. A hearing panel of trained faculty and staff subsequently heard evidence over several days, with both the complainant and respondents given opportunities to testify and present evidence.

The university said the process resulted in “a range of sanctions”, including expulsions and suspensions.

It specifically rejected reports suggesting that writing essays had been the sole punishment imposed on students.

“Any suggestion that the University did not impose consequential punishments for those involved is false,” Cornell said.

Federal privacy rules prevent the university from disclosing disciplinary action involving individual students, it added.

The Xi chapter of Chi Phi was closed in 2024 and remains barred from the Cornell campus.