Cornell Fraternity Member Seeks Dismissal from Gang Rape Lawsuit

A former Cornell University fraternity member, Diego Sarabia, has filed a motion seeking to be dismissed from a civil lawsuit alleging gang rape. Sarabia, one of seven men named in the suit brought by a former student identified as Jane Doe, argues that the allegations against him are legally insufficient and do not support the accusations of rape and sexual assault.

Sarabia's attorneys contend that Doe has unfairly grouped him with the other defendants accused of sexual assault during an incident in October 2024 at Cornell's Chi Phi fraternity house. His legal team asserts that the conduct attributed to Sarabia, as described in the nearly 600-paragraph complaint, does not rise to the level of rape or sexual assault. His lawyer, James C. Knox, stated in the motion that the lawsuit against Sarabia essentially concerns a 'forced kiss.'

According to the lawsuit, Doe alleges that Sarabia grabbed her face, kissed her, and participated in snorting ketamine off her body in the fraternity house's alumni room between October 19 and 20, 2024. However, Knox argues that the complaint fails to establish Sarabia's involvement in the alleged sexual encounters that form the basis of the more serious accusations against the other defendants. Furthermore, Sarabia's legal team maintains that the complaint does not allege he supplied Doe with drugs or alcohol and that he was not present for a significant portion of the misconduct described.

The motion, filed in New York state court, challenges the legal standing of keeping Sarabia in the case. Sarabia's lawyers also argue that the claims of assault, battery, and intentional infliction of emotional distress are subject to a one-year statute of limitations that expired before Doe filed her lawsuit on September 16. They maintain that the accusations against him do not meet the legal criteria for extended filing deadlines that Doe cited for certain sexual offenses.

Sarabia, a former member of Chi Phi who had already graduated from Cornell, cannot be subjected to Title IX disciplinary sanctions. The university had previously issued an order barring him from Cornell's campus for three years.

The legal proceedings are unfolding amidst broader controversy surrounding the incident at the fraternity house and the responses from Cornell and local authorities. Sarabia's legal team has also sought to restrict Jane Doe's attorney, Thomas Giuffra, from speaking publicly about the case, accusing Doe and her attorney of an "orchestrated campaign" involving the media prior to the lawsuit's filing.

The lawsuit has intensified scrutiny on Cornell's administration and its handling of sexual misconduct allegations. Students and alumni have expressed concerns about the university's commitment to protecting students from sexual assault. In response to the growing controversy, Cornell's Board of Trustees hired former Deputy Attorney General Sally Yates to lead an independent review of the university's policies and procedures for preventing and responding to sexual harassment and assault.

The seven men named as defendants in the civil lawsuit are Matthew Ingalls, Jonathan Newell, Winston Lee, Gillio Lopes, Scott Norris, Scott Kretzschma, and Diego Sarabia. Sarabia's motion to dismiss the claims against him remains pending before a judge.