Outrage has been growing across the country over the handling of an alleged sexual assault at Cornell University two years ago, prompting prosecutors to announce they are looking at the case in a new way while defending their earlier decision not to file criminal charges. Tompkins County District Attorney Matthew Van Houten said in a statement Monday that his office is considering filing criminal charges related to a 2024 incident at the Chi Phi fraternity house. In a civil lawsuit filed earlier this month, a former Cornell student identified as Jane Doe alleges that seven Chi Phi fraternity brothers sexually assaulted, raped and drugged her at the campus fraternity house the night of Oct. 19-Oct. 20, 2024. The fraternity chapter was subsequently banned from campus, but no one was criminally charged. According to the lawsuit, some of the students were able to “mitigate their conduct” by writing essays for the university. Van Houten said in a statement that he would reopen the investigation into the alleged sexual assault and asked a top prosecutor to prepare a case for a grand jury. That grand jury will be able to consider Jane Doe’s testimony, as well as any new evidence from the civil complaint. “While I generally refrain from publicly commenting on criminal investigations, community outrage stemming from incomplete news and social media coverage requires that I provide an answer as to why the investigation resulted in a lack of criminal charges,” he said in the statement. Van Houten defended her office’s decision not to file criminal charges at the time, saying that in a November 2024 statement Doe did not allege that she was gang-raped or drugged against her will. “To the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, knowing and consensual,” he wrote, adding that Doe’s attorneys never contacted him before filing the civil lawsuit two years later. Thomas P. Giuffra, Jane Doe’s attorney, said that in the days after the assault, his client was “traumatized, numb, and unable to function or accept the horror of what had happened.” “She was in self-preservation mode,” he said in a statement provided Sunday. Giuffra said Doe went to the Cornell University Police Department “once she was emotionally ready” because she believed she was the victim of a crime, but that “no one other than the officer who took her original complaint spoke to her.” Doe said in a written statement Monday that when she started college at Cornell, she was full of hope and believed she would receive a good education. “What I experienced from those who raped me in the fraternity was the worst experience of my life. I was brutalized and hurt physically but, perhaps more importantly, emotionally,” she said. “I want to recover from this trauma, but it is extremely difficult. It affects every aspect of my life. It will haunt me and be a part of me for the rest of my life.” Giuffra said that if multiple interviews had been conducted, leads and more evidence could have been obtained. He said a group chat that was shared anonymously with Doe, a screenshot of which was included in the lawsuit, had multiple comments from fraternity members. In a comment, a fraternity member said there was “free p—” available upstairs where Jane Doe was. “This thread was a valuable starting point for identifying witnesses and possibly other attackers,” he said. “However, it was never followed up.” NBC News reached out to Ithaca police to ask about their involvement in the case, but did not immediately receive a response. The Ithaca Police Department is actively investigating the allegations, according to the civil lawsuit. Cornell police referred NBC News to previous statements issued by the university defending its handling of the allegations. The district attorney said it was not his office’s role to “conduct parallel independent investigations of cases alongside police investigations” and that police investigate crimes while the district attorney’s office prosecutes them. The lawsuit names seven members of the Chi Phi fraternity “for the sexual assault and rape of” Doe. The lawyer for one of the defendants, Scott Kretzschmar, strongly denied the allegations and said his client welcomed the new investigation. “The lawsuit against Scott Kretzachmar is not only intentionally dishonest but morally repugnant,” attorney Jeremy Saland said in a statement. “While Scott responded and made an immature comment on Snapchat, he did nothing else. Nothing.” NBC News attempted to contact the six other people named in the lawsuit, but was unable to immediately reach them or did not receive a response. Giuffra, Doe’s attorney, said reopening the case was a step in the right direction, “albeit a late one.” Cornell University’s roleCornell University said Monday that it supports the Tompkins County district attorney’s decision to have the case heard before a criminal grand jury. The statement rejected the suggestion that those involved in the incident faced few consequences at the time, revealing that the university’s Title IX procedures resulted in a variety of sanctions, including expulsions and suspensions. “Any suggestion that the university did not impose significant punishments on those involved is false,” Kyle Kimball, Cornell’s vice president for university relations, said in the statement. Cornell said its Title IX investigation lasted several months and included temporary suspensions while the case was pending. A panel of faculty and staff heard evidence over several days before imposing sanctions, the university said in a statement. The lawsuit accuses Cornell University of negligence for failing to protect Doe, then a 20-year-old student, when she was in the university’s custody, failing to prevent alleged sexual abuse on its campus and failing to supervise students. In its statement earlier this month, the university said it launched the Presidential Task Force on Campus Sexual Assault shortly after the incident and implemented recommendations to address sexual assault on campus. Cornell said in its statement that “none of the accused individuals were offered the opportunity to write essays as a sole consequence of their participation. Additionally, the fraternity chapter involved was closed in 2024 and access to campus remains prohibited.” Chapter and was living in the sorority house on campus at the time of the alleged assault. On the night of Oct. 19, Jane Doe drank to the point of intoxication at her sorority house on campus before attending a social event her sorority was hosting at Moonies Bar & Nightclub in downtown Ithaca, the lawsuit states. The lawsuit claims she left with other sorority sisters around 10 p.m., went to another bar and then went alone to the Chi Phi fraternity house on campus. where the alleged sexual assault occurred, to meet one of the members, who is described as her friend. The lawsuit accuses Chi Phi Chapter, Chi Phi National, Alpha Beta Chapter, Tri-Delta National and Moonies Bar & Nightclub of negligence. The National Chi Phi fraternity, in a Sept. 18 statement, called allegations of sexual assault at Cornell University “deeply troubling.” “We are aware of the lawsuit regarding an alleged incident in 2024,” the fraternity said in the statement. “While we cannot discuss the specific allegations during pending litigation, we take this matter seriously. Our responsibility is to approach this with care for those affected and respect for a fair legal process.” Tri Delta and Cornell’s Alpha Beta Chapter said in a statement Sunday that the sorority does not comment on pending litigation and that they support women and victims of sexual violence. The lawsuit also accuses Moonies of illegally selling alcohol to an intoxicated person or a minor. who hosted a private event for the Tri Delta sorority on October 19 from 9 pm to 11 pm, but denied serving alcohol to the victim because she was a minor. The bar association said the victim worked at the bar from February to March 2025, during which time he “openly discussed details of the October incident.” The bar association’s statement expressed sympathy for Doe. “However, she never mentioned being intoxicated or being served alcohol by the Moonies waiter,” he added. Public outrage over the allegations in the lawsuit grew over the weekend, culminating with the district attorney’s statement announcing that the case would be reopened and sent to a grand jury. Van Houten said in his statement Monday that after the lawsuit he contacted Doe’s attorneys to understand the discrepancy between Doe’s original statement and the lawsuit “and the appropriate path forward in light of the lawsuit’s allegations.” If you or someone you know has been sexually assaulted, call the National Sexual Assault Hotline at 1-800-656-4673. The hotline, run by the Rape, Abuse and Incest National Network (RAINN), can put you in touch with your local rape crisis center. You can also access RAINN’s online chat service at rainn.org/get-help.
