Cornell Student Sued in Jane Doe Case Seeks Dismissal
The student's attorney argues the statute of limitations has passed and that his client was not involved in the most serious allegations.
One of the Cornell University students named in a civil lawsuit by a former undergraduate, identified as Jane Doe, has asked a judge to dismiss him from the case. The student, Diego Sarabia, is accused of approaching Doe, forcibly kissing her without consent, and allegedly participating in fraternity brothers snorting ketamine off her body during an incident in 2024.
In a motion filed on Friday, Sarabia's attorney, James Knox, argued that Doe's lawsuit does not allege Sarabia supplied drugs or alcohol, participated in the alleged sexual encounters, or was present for most of the conduct described in the complaint. Knox stated that the lawsuit, as it pertains to his client, essentially concerns an alleged forced kiss.
![Chalk messages reading "1300 reports in residence halls" and "No Justice" are written on a sidewalk at the Ag Quad in Ithaca, New York, October 14, 2026.]( "Chalk messages reading "1300 reports in residence halls" and "No Justice" are written on a sidewalk at the Ag Quad in Ithaca, New York, October 14, 2026.")
Knox further contended that it is too late for Jane Doe to bring a claim against Sarabia, citing a strict one-year statute of limitations for intentional torts. He asserted that the plaintiff commenced the action nearly two years after the alleged events.
Doe's attorney has not yet filed a response to the motion. This legal maneuver follows a week after a New York judge rejected a request by Sarabia's attorney for a gag order. Knox had argued that such an order was necessary to prevent juror prejudice and the release of sensitive information that could lead to threats and harassment. Judge Phaedra Perry-Bond characterized the request as a "side show" intended to distract from the case's merits.
All seven fraternity brothers named in the lawsuit have denied wrongdoing. The case has prompted an investigation by New York Attorney General Letitia James, appointed as special prosecutor by Gov. Kathy Hochul. Cornell University is also conducting an internal review of its response to the allegations, stating that it takes reports of sexual violence seriously and is committed to improving campus safety.
The allegations have led to broader discussions about the handling of sexual assault claims on college campuses nationwide.
