The Tompkins County District Attorney's office has reopened its investigation into a 2024 incident at Cornell University's Chi Phi fraternity house, following the filing of a civil lawsuit by a student alleging gang rape. New York Governor Kathy Hochul appointed Attorney General Letitia James as a special prosecutor in late September to lead the reinvestigation, citing a loss of confidence in the initial handling of the case by District Attorney Matthew Van Houten.
The accuser, identified only as Jane Doe, filed a civil lawsuit last month detailing allegations that she was drugged with ketamine and sexually assaulted by seven fraternity members over a seven-hour period in October 2024. According to the lawsuit, the night began with heavy drinking and drug use, during which Doe became disoriented and unable to consent. The suit also claims that fraternity members sent Snapchat messages to others, inviting them to join in, with one message allegedly stating there was "free p***y upstairs."
Doe first reported the incident to Cornell University police in November 2024. At the time, District Attorney Van Houten declined to bring criminal charges, stating there was "insufficient evidence" and that Doe's initial statement described the sexual activity as "voluntary, conscious, and consensual." Van Houten has since defended his decision, asserting that Doe's sworn statement did not allege she was drugged against her will or gang-raped, and that her account then differed significantly from the claims in her recent civil lawsuit.
University's Internal Investigation
While criminal charges were not pursued, Cornell University conducted a Title IX investigation into the incident. This internal review resulted in disciplinary actions for four of the seven named fraternity brothers. Matthew Ingalls and Jonathan Newell were expelled from the university after being found responsible for sexual assault. Winston Lee received a two-year suspension and was placed on disciplinary probation, while Gillio Lopes was given a three-semester suspension. Both Lee and Lopes were also required to complete reflection papers and sexual harassment training. Diego Sarabia, who had already graduated, received a three-year ban from campus. Scott Kretzschmar and Scott Norris, also named in the lawsuit, were found not responsible for sexual activity and faced no university sanctions.
The seven accused fraternity brothers—Matthew Ingalls, Jonathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris, and Scott Kretzschmar—have denied the allegations. None have been arrested or charged with a crime in connection with the civil lawsuit.
Reopening the Criminal Case
Governor Hochul's decision to appoint a special prosecutor came amid public backlash over the initial handling of the case. She expressed concern over the university's and local authorities' responses. Attorney General James has since been tasked with re-examining the evidence. However, prosecutors face challenges, primarily the need to find new evidence that contradicts Doe's initial statement to police. The discrepancy between her early account and the claims in her civil lawsuit could present a significant hurdle for any future criminal proceedings.
The case has garnered national attention, with public figures weighing in on both sides. Celebrities and politicians have voiced support for Doe, while commentators and media personalities have raised questions about the accuser's initial statement and the potential for public scrutiny to prejudice the case against the accused men, who have not been charged with any crime.