Cornell fraternity rape case reopened for grand jury review
Tompkins County prosecutors will revisit the 2024 allegations after a former Cornell student’s lawsuit, though no criminal charges have been filed.
By Deshawn Carter · Sports Writer
3 min read
The Cornell fraternity rape case is headed back under criminal review after the Tompkins County District Attorney’s Office said Sept. 28 it would reopen its investigation into allegations made by a former student against seven then-members of Chi Phi.
District Attorney Matthew Van Houten said his office will decide what charges, if any, are supported and then present the matter to a Tompkins County grand jury. No one had been criminally charged as of the announcement, and a reopened investigation is not a finding of guilt.
What happens next in the Cornell fraternity rape case?
A grand jury can decide whether there is enough evidence to bring criminal charges. An indictment would be a formal accusation, not a conviction. Read more about the difference between a grand jury and a trial jury.
Van Houten said the renewed review will consider the allegations in a civil lawsuit filed this month, along with any new evidence. NPR reported that he assigned a senior prosecutor with sex-crimes experience to prepare the reexamination.
The lawsuit, filed by a woman identified as Jane Doe, names Cornell, seven then-Chi Phi members and other parties. It alleges that she was drugged and sexually assaulted by multiple men at the fraternity house in October 2024. The complaint seeks unspecified compensatory and punitive damages and alleges breach of contract, negligence and violations of state law.
Those allegations have not been proven in court. An attorney for one named defendant, Scott Kretzschmar, told ABC News that the incident described in the complaint did not happen.
A dispute over the first investigation
The woman reported the alleged assault to Cornell University Police about three weeks after it occurred, according to the complaint. Van Houten said the woman’s November 2024 sworn statement did not allege that she had been drugged against her will or sexually assaulted by multiple men.
He said that statement characterized the drug use and sexual conduct as voluntary, conscious and consensual, which he said was why his office did not pursue charges in 2024. The DA also said the office had not been contacted by the woman’s attorneys to say the original statement was inaccurate or ask for the earlier decision to be reconsidered.
Thomas Giuffra, the woman’s attorney, disputes that account and says she was not interviewed beyond her original contact with campus police by investigators trained to interview sexual-assault survivors. ABC News reported that Van Houten acknowledged his office relied on Cornell Police’s investigation at the time and did not independently investigate.
Cornell’s separate disciplinary process
Cornell said its months-long Title IX investigation was separate from the criminal matter. The university said a panel heard evidence over multiple days, with the complainant and respondents able to testify and present evidence, and issued sanctions that included expulsions and suspensions.
Giuffra said two accused students were expelled and others received lesser sanctions, including suspensions, workshops and essays. Cornell said no respondent was assigned an essay as the sole consequence and rejected suggestions that it imposed only minimal discipline.
The university says Chi Phi’s Xi chapter was closed in 2024 and remains barred from campus.
This story draws on original reporting from CBS News.