Cornell University will review its handling of a housing assignment for a student who returned to campus after a suspension related to an alleged gang rape at a fraternity house. The student, who had served a three-semester suspension, was placed in a co-ed dorm with a roommate who was unaware of his disciplinary history.
The issue came to light at a Faculty Senate meeting where psychology professor Corinna Loeckenhoff informed Cornell President Michael Kotlikoff that university housing officials allowed the student to remain in the shared room for two weeks after the accuser filed a lawsuit in September. The accuser, identified in court papers as Jane Doe, alleges she was given ketamine and raped at a fraternity house in 2024.
"This was a clear security risk," Loeckenhoff stated, according to a recording obtained by The Associated Press. She added that university records indicated the student admitted to taking drugs and having sex with an intoxicated person, questioning why Housing Services was unaware of this.
Cornell has stated that it will examine how the dorm room situation was handled and review whether concerns were raised with housing or other offices and if appropriate accommodations were provided.
All seven students disciplined in connection with the alleged assault have denied the allegations, stating the sex was consensual or that they were not involved. An initial investigation by the local district attorney found no crime had been committed, but the case has since been reopened and handed over to New York's attorney general.
Cornell conducted a Title IX investigation that resulted in disciplinary actions against several Chi Phi fraternity members. Two students were expelled, two received suspensions and probation, and two were required to complete reflection papers and bystander training. A seventh student had already graduated and was barred from campus.
The student who returned to Cornell this fall had been suspended for three semesters. Andrew Miltenberg, an attorney for the student, maintained that the encounter was consensual and argued that each of the seven accused students should be judged based on their individual circumstances.
In her lawsuit, Jane Doe accused the student of having sex with her without her consent, along with another fraternity member, and later participating in snorting ketamine from her body with other men.
Cornell's media relations office stated that students who complete their suspensions and fulfill sanctions "regain the same rights and responsibilities as their classmates, including eligibility for housing." However, federal privacy law, the Family Educational Rights and Privacy Act, generally prohibits universities from warning roommates about a student's disciplinary history, even if they have been found responsible for violations involving sexual assault.
President Kotlikoff addressed the faculty's concerns, noting that the decision regarding the student's return to campus was made by the university's disciplinary panel, not by him. He pledged to investigate the matter further if the university did not adequately address concerns about the student's presence on campus. Kotlikoff, who was interim president at the time of the 2024 assault report, had previously suspended the fraternity and convened a task force on sexual assault but faced criticism for not pursuing a criminal investigation or harsher discipline.
Experts suggest universities have discretion in restricting campus housing for students returning from suspension but face limitations in disclosing disciplinary details to others due to privacy regulations. Some studies indicate that colleges may prioritize disciplinary compliance over adequately addressing the needs of those involved or the wider campus community.