A former student of Cornell University has filed a lawsuit against the institution and seven members of its Chi Phi fraternity, alleging that she was drugged and raped at a fraternity house in October 2024. The woman, identified as Jane Doe in court documents, was 20 years old at the time of the alleged assault and has accused the university and fraternity members of failing to protect her and prevent the incident.
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The lawsuit, filed on September 16 in the New York Supreme Court, alleges that the woman was sexually assaulted by fraternity members at the Chi Phi house in Ithaca. According to the complaint, two fraternity members allegedly pressured her into snorting what they claimed was ketamine before sexually assaulting her. The complaint further alleges that a message was circulated in a fraternity Snapchat group chat, following which more men arrived and participated in the alleged assault.
The woman reported the incident to Cornell University's police department around three weeks later, following which the university initiated an internal investigation. Her attorney, Thomas Giuffra, said that only two of the seven accused fraternity members were expelled, while others received lesser disciplinary penalties. He also claimed that none of the accused were arrested. The Tompkins County District Attorney's Office, however, said it reviewed the police investigation but found insufficient evidence to support criminal charges.
The lawsuit accuses Cornell University and the fraternity members of breach of contract, negligence and violations of state law. The former student, who left the university following the alleged assault, is seeking compensatory and punitive damages. Cornell has said that its internal investigation was conducted in accordance with university policies and that the Chi Phi chapter remains barred from campus.
What does the lawsuit allege?
According to the complaint, the former student, identified only as Jane Doe, was attending Cornell University in Ithaca, New York, when the alleged assault took place on October 19, 2024.
She allegedly visited a friend at the Chi Phi fraternity house after drinking at her sorority and a nightclub. The lawsuit claims that she was intoxicated when she arrived at the house late that night.
Two fraternity members allegedly pressured her into snorting a substance they identified as ketamine before sexually assaulting her.
The complaint further alleges that one of the men subsequently sent a message in a Snapchat group chat named “Chi Phi Actives”, suggesting that a woman was available for sex.
According to a report by WBNG, the lawsuit claims the message read, “free p----” upstairs.”
Following the message, more fraternity members allegedly arrived at the house and participated in the assault, which the complaint says continued until around 5.45 am.
The allegations have not been established in court.
What happened after the alleged assault?
The former student reportedly approached Cornell University's police department approximately three weeks after the alleged incident and filed a report.
The university subsequently initiated an internal investigation into the allegations, which involved at least 12 hearings, according to her attorney.
Giuffra claimed that out of the seven fraternity members accused, only two were expelled, while the others received lesser disciplinary action, including suspensions, workshops or assignments requiring them to submit essays.
"Not one of these guys was arrested. Not one. That I can tell you for a fact," Giuffra said.
The attorney also questioned the university's handling of the matter, alleging that several people could have intervened to prevent the assault.
"There were so many people that could have prevented it and they didn't," Giuffra said. "I've never seen anything like it."
The former student subsequently left Cornell University following the alleged incident.
"She's not in college anymore because of this," Giuffra said. "She's barely hanging on for what these guys did to her."
What did Cornell University say?
Cornell University acknowledged the allegations in November 2024, describing reports of drug abuse and sexual violence at the Chi Phi fraternity house as “abhorrent” and stating that such behaviour could not be tolerated within its community.
Following the filing of the lawsuit, the university issued another statement on September 21, saying it was aware of the case involving allegations of sexual assault among members of the student community in 2024.
The university said:
"The Cornell Office of Civil Rights and the Office of Student Conduct and Community Standards investigated and adjudicated the allegations consistent with university policies. The Xi chapter of Chi Phi fraternity remains barred from our campus.
"Federal privacy law prohibits Cornell from disclosing specific information regarding individual students and we therefore are unable to make a public statement on any other disciplinary response. Violations of university policies could lead to sanctions up to and including suspension or expulsion. We will respond in detail through the legal process."
Cornell also said it had established a task force on sexual assault following the investigation and introduced changes to address such incidents.
The university has an online reporting platform through which students can report incidents involving bias, discrimination, harassment and sexual misconduct.
Why were no criminal charges filed?
The Tompkins County District Attorney's Office said it had reviewed the police investigation but determined that the available evidence was insufficient to pursue criminal charges.
The office said it "conducted a thorough review of the police investigation," but "there was insufficient evidence to support criminal charges."
The statement comes amid questions raised by the woman's attorney over the absence of arrests despite the university's internal disciplinary action against the accused fraternity members.
The university's disciplinary proceedings and the criminal investigation are separate processes, with the former governed by university policies and the latter requiring sufficient evidence to pursue criminal charges.
The lawsuit is now seeking to hold Cornell and the fraternity members legally accountable for the alleged assault and the circumstances surrounding it.
What did Chi Phi fraternity and sexual violence support groups say?
The national headquarters of Chi Phi fraternity expressed concern over the allegations and said it condemns sexual violence. However, it declined to discuss the specific allegations while the lawsuit remains pending.
In a statement to CBS News New York, the fraternity said:
"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."
Meanwhile, Trae Banuelos-Rovaris of The Alliance Against Sexual Violence said support services were available for college students experiencing sexual assault and domestic violence.
"Gender-based violence is, you know, a global issue, and campuses are not immune," she said. "We have about 54 rape crisis centers that take funding just to work with college students alone."
The lawsuit seeks monetary compensation, including compensatory and punitive damages, but does not specify the amount being sought. The case is pending before the court.
