\n CNN has reached out to the Cornell University Police Department, the Chi Phi fraternity and others named in the lawsuit.\n <\/p>\n
\n The 101-page complaint names more than a dozen defendants, including the seven fraternity members from 2024, Cornell University, and the Chi Phi fraternity. Allegations include negligence, breach of contract, sexual assault and battery and violations of New York\u2019s Human Rights Law.\n <\/p>\n
\n The lawsuit says Doe was 20 years old and had been drinking at her sorority house and a bar before she arrived at the Chi Phi house to visit a friend, who was one of the fraternity members on the night of October 19, 2024.\n <\/p>\n
\n According to the suit, Doe had already consumed about 10 standard drinks within the past three hours when she arrived at the fraternity house.\n <\/p>\n
\n The complaint alleges the friend and another fraternity member gave her more alcohol and pressured her into snorting a substance they described as ketamine, and that she was then sexually assaulted while \u201cincapable of consent.\u201d\n <\/p>\n
\n At roughly 1:42 a.m., one of the men allegedly sent a message to the fraternity\u2019s Snapchat group chat \u2013 titled \u201cChi Phi Actives\u201d \u2013 stating there was \u201cfree p*ssy\u201d upstairs.\n <\/p>\n
\n By doing this, the suit alleges one of the accused \u201cencouraged other XI CHAPTER members to join in on the gang rape of plaintiff.\u201d\n <\/p>\n
\n A photo of a portion of the chat is included in the filing. Multiple fraternity members then entered the room, where the complaint alleges they pressured Doe into taking more ketamine and subjected her to an hourslong assault that continued until approximately 5:45 a.m.\n <\/p>\n
\n Those exchanges are going to be a critical piece of evidence in this case, former federal prosecutor Berit Berger told CNN\u2019s Anderson Cooper Monday. \u201cOne has to think, if we were actually doing this investigation two years ago, what else would be available that may not be available now? What witnesses have graduated or moved away or lost recollection of this? What other sort of digital trail has now not been preserved?\u201d\n <\/p>\n
\n Doe reported the incident to the Cornell University Police Department on November 8, 2024, the complaint says. Cornell suspended the Chi Phi chapter and the seven accused students, \u201cwho were afforded the opportunity to mitigate their conduct by submitting essays to Cornell,\u201d according to the lawsuit, which Cornell denied.\n <\/p>\n
\n The complaint faults Cornell for failing to properly discipline after the assault, \u201call the while sheltering them from speaking to law enforcement, and silencing victims.\u201d\n <\/p>\n
\n Cornell\u2019s \u201cconduct was so outrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as measured by what the average member of the community would tolerate and demonstrates an utter disregard for the consequences that would follow,\u201d the lawsuit says.\n <\/p>\n
\n The complaint is seeking a jury trial to determine monetary damages.\n <\/p>\n
\n The district attorney said the initial report Jane Doe made to police differs significantly from the allegations in the lawsuit.\n <\/p>\n
\n \u201cJane Doe\u2019s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual,\u201d Van Houten said.\n <\/p>\n
\n His office has not released the full police report. CNN has asked Jane Doe\u2019s attorney for a response to Van Houten\u2019s statement and for a copy of her complete 2024 police statement.\n <\/p>\n
\n During a contentious interview Monday, CNN\u2019s Jake Tapper pressed Van Houten on why there wasn\u2019t a more expansive investigation from law enforcement or the DA\u2019s office after the initial report was made in 2024.\n <\/p>\n
\n \u201cWe can\u2019t change what happened in the past as much as the community is outraged,\u201d Van Houten said. \u201cMy job under the New York State Constitution is to apply the penal law of New York State. We are constrained by that law. Whether you agree with it, whether you think someone\u2019s conduct is morally repugnant or vulgar or disgusting. I\u2019m still constrained by the law.\u201d\n <\/p>\n
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Van Houten tells CNN he is “constrained by the law.”\n <\/p>\n
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Van Houten tells CNN he is “constrained by the law.”<\/p>\n
0:55<\/p>\n
\n The DA said the main difference between the initial Doe statement and the civil complaint is that the lawsuit \u201comits any reference that Jane Doe consented to the sexual contact.\u201d\n <\/p>\n
\n He acknowledged that the text message screen shots between the men \u201cwere completely vulgar and disgusting, but they had nothing to do with her consent.\u201d\n <\/p>\n
\n Tapper asked when Van Houten got copies of the text messages, included in the complaint, that the fraternity brothers sent each other.\n <\/p>\n
\n Van Houten said that his team did not see the text messages evidence initially.\n <\/p>\n
\n \u201cThey were not part of our initial analysis, but I understand that Cornell had them, and they sent them to our team,\u201d he said.\n <\/p>\n
\u2018Disgusting and morally reprehensible\u2019<\/p>\n
\n While the behavior of certain Chi Phi fraternity members was \u201cwithout question disgusting and morally reprehensible,\u201d the district attorney said multiple prosecutors and criminal investigators determined the events as described in Doe\u2019s 2024 account did not constitute a crime.\n <\/p>\n
\n Nothing in Doe\u2019s original statement indicated she was drugged without consent or had sex against her will, Van Houten said. According to the accuser\u2019s statement, \u201ceach time Jane Doe asked to stop the sexual conduct, the sexual conduct stopped.\u201d\n <\/p>\n
\n \u201cThus, with no evidence of a \u2018lack of consent,\u2019 criminal charges simply could not be sustained, the district attorney wrote.\n <\/p>\n
\n Under New York State Law, \u201cmental incapacitation\u201d occurs when a person can\u2019t control their own conduct because they were drugged without consent, Van Houten said. But he said excerpts from Jane Doe\u2019s 2024 statement indicated she took drugs voluntarily.\n <\/p>\n
\n So even if a person is heavily intoxicated, it would not count as \u201cmental incapacitation\u201d as long as a person consented to taking the substance.\n <\/p>\n
\n That\u2019s a \u201cdeficiency in New York law,\u201d Berger told CNN. \u201cThere is this gap in New York law where if somebody voluntarily took drugs, drank alcohol to the point that they were incapacitated, in many circumstances, that\u2019s not enough to prove that they didn\u2019t consent,\u201d Berger said.\n <\/p>\n
\n But Doe\u2019s attorney, Thomas P. Giuffra, told Tapper Monday he doesn\u2019t believe there is a \u201cloophole\u201d in New York law. \u201cIf there was, think about it logically: It would mean anybody could go trolling a bar looking for a woman who\u2019s intoxicated, rape them, and get away with it,\u201d he said.\n <\/p>\n
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Doe\u2019s attorney tells CNN he doesn\u2019t believe there is a “loophole” in NY law.\n <\/p>\n
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Doe\u2019s attorney tells CNN he doesn\u2019t believe there is a “loophole” in NY law.<\/p>\n
0:18<\/p>\n
\n He believes the initial investigation was inadequate.\n <\/p>\n
\n \u201cIt is challenging for me to understand how a thorough criminal investigation could have been conducted when she never spoke with anyone other than the officer who took her original complaint,\u201d Giuffra told CNN in an earlier statement.\n <\/p>\n
\n \u201cOther than her initial contact with Cornell Police, she was not contacted by investigators from the Tompkins County District Attorney\u2019s Office or any investigators trained in interviewing rape survivors,\u201d Giuffra said.\n <\/p>\n
\n \u201cIf the District Attorney\u2019s office is now considering prosecution, I believe that it is a step in the right direction, albeit a late one.\u201d\n <\/p>\n
\n Giuffra told Tapper that Doe\u2019s life has been ruined following the \u201cnightmare\u201d of two years ago.\n <\/p>\n
\n He stressed the alleged incident was not consensual.\n <\/p>\n
\n \u201cI don\u2019t know how anybody who was grossly intoxicated and drugged can consent to anything,\u201d Giuffra said. If this was consensual and she wanted to participate, he said, \u201cshe wouldn\u2019t have gone to the police in the first place.\u201d\n <\/p>\n
\n He added that Doe wants accountability. Despite not being in college anymore, \u201cshe is barely hanging on.\u201d\n <\/p>\n
\n Giuffra revealed Doe was not allowed to leave school and heal after the alleged incident.\n <\/p>\n
\n \u201cHer parents, who had paid thousands and thousands of dollars for her to attend Cornell, tried to get their money back,\u201d Giuffra alleged. \u201cCornell said, \u2018No, you have to stay in school.\u2019 So she spent an entire semester in the campus where she saw these guys on a fairly regular basis. And that is just horrifying to me.\u201d\n <\/p>\n
\n CNN has reached out to Cornell for comment on the allegation Doe was not allowed to withdraw without financial penalty.\n <\/p>\n
\n Cornell said in a statement Monday it \u201csupports the decision of the Tompkins County District Attorney (DA) to provide an opportunity for the victim\u2019s story \u2026 to be heard by a criminal grand jury.\u201d\n <\/p>\n
\n In a September 21 statement, Cornell declined to confirm the individual disciplinary outcomes, citing federal student privacy law. The school said<\/a> violations of university policy \u201ccould lead to sanctions up to and including suspension or expulsion,\u201d adding, \u201cWe will respond in detail through the legal process.\u201d\n <\/p>\n \n Doe\u2019s attorney said Cornell expelled two of the seven accused students while the others received lesser punishment, including suspensions, workshops or written assignments.\n <\/p>\n \n Cornell countered that claim Monday, saying there was a range of sanctions for the accused students, including suspensions and expulsions. But \u201cnone of the individuals charged were offered the opportunity to write essays as a sole consequence of their involvement,\u201d the university said.\n <\/p>\n \n The sanctions came after it conducted a formal Title IX investigation, separate from the criminal proceeding, and a panel of trained faculty and staff heard evidence over multiple days, the school said.\n <\/p>\n \n \u201cAny suggestion that the University did not impose consequential punishments for those involved is false,\u201d the statement read. \u201cA continuation of the false narrative that there were minimal consequences in this case is irresponsible, will make survivors feel less safe and supported, and will perpetuate the underreporting of sexual assault.\u201d\n <\/p>\n \n The school also said it barred the Xi chapter of the Chi Phi fraternity from its campus and launched a sexual assault task force shortly after the incident, adding it has implemented several of the group\u2019s recommendations.\n <\/p>\n \n An attorney for one of the accused fraternity brothers denied any wrongdoing by his client.\n <\/p>\n \n \u201cEven the District Attorney\u2019s Office, led by a chief prosecutor with the duty to pursue justice and uphold the rule of law without bias or favor, filed no charges against [him] because what she alleged did not happen,\u201d attorney Jeremy Saland said in a statement to CNN. He said his client \u201cnever sexually assaulted or even touched the plaintiff in any way.\u201d\n <\/p>\n \n An attorney for another of the defendants also denied the allegations against his client.\n <\/p>\n \n \u201cThe allegations now being made publicly differ from what was reported and investigated during that process,\u201d attorney Andrew Miltenberg said in a statement to CNN. \u201cWe will address these issues through the appropriate legal process and will have no further comment at this time.\u201d\n <\/p>\n \n CNN is working to determine if the other named fraternity brothers have representation.\n <\/p>\n \n In a statement to CNN, Doe said she went to Cornell \u201cwith great hope and promise for a good education.\u201d\n <\/p>\n \n \u201cWhat I experienced from those who raped me in the fraternity was the worst experience of my life. I was brutalized and it injured me physically but perhaps more importantly, emotionally,\u201d Doe said. \u201cI want to recover from this trauma but it is extremely difficult. It affects every aspect of my life. It will haunt me and be part of me the rest of my life.\u201d\n <\/p>\n \n About 35% of undergraduate women at Cornell University reported experiencing \u201cnonconsensual sexual contact\u201d during their time at the school, a 2025 survey conducted by the university found. That was an increase<\/a> from 23% in the university\u2019s 2023 survey<\/a>.\n <\/p>\n \n The lawsuit \u2013 and along with the lack of criminal charges and accusations of inadequate discipline \u2013 has drawn a wave of outrage.\n <\/p>\n \n Rep. Alexandria Ocasio-Cortez, a Democrat from New York City, condemned what she described as a \u201cculture of rape\u201d at elite universities and institutions during a Sunday town hall in Ithaca, where Cornell is located.\n <\/p>\n \n \u201cThose men posted in a group chat,\u201d Ocasio-Cortez said<\/a>, referencing allegations in the lawsuit. \u201cThat means it was normal to them, that means it was acceptable to them. This is a culture, this is norms, these are practices, and what we must do is understand that we cannot protect those spaces anymore.\u201d\n <\/p>\n AOC calls out Cornell University over alleged gang rape\n <\/p>\n Rep. Alexandria Ocasio-Cortez (D-NY) spoke to students at More Perfect University\u2019s fourth Students vs. Billionaires town hall about prosecutors reopening an investigation into a former Cornell University student\u2019s allegations she was gang raped by seven members of a fraternity. <\/p>\n AOC calls out Cornell University over alleged gang rape<\/p>\n 2:38<\/p>\n \n Actor Florence Pugh also posted an impassioned response in a lengthy Instagram post<\/a> Sunday, writing, \u201cI\u2019m no longer tired \u2013 I\u2019m enraged by schools protecting boys, in fear of their futures being wrecked.\u201d\n <\/p>\n \n \u201cWhat about the life that those girls then have to endure, with the knowledge that his reputation is more precious than her truth?\u201d she added.\n <\/p>\n \n Pugh also addressed Doe directly, calling her \u201cso unbelievably powerful\u201d and \u201cso strong willed.\u201d \u201cKnow that women everywhere are here to hold you and help you on your healing journey,\u201d she wrote.\n <\/p>\n \n Meanwhile, Ithaca Mayor Robert G. Cantelmo on Monday called for a pause on Cornell University\u2019s Greek life and student group gatherings.\n <\/p>\n \n In a statement on Instagram<\/a>, the mayor said the moratorium would be in place \u201cuntil such time that the University conducts an accounting of its protocols to prevent and prosecute crimes of sexual violence and publicly releases new standards and practices to keep our community safe.\u201d\n <\/p>\n \n CNN reached out to the university for comment on the mayor\u2019s proposed moratorium, which requires approval from the town council.\n <\/p>\n \n This story has been updated with additional information.\n <\/p>\n \n Help is available: For help in the US, call the National Sexual Assault Hotline at 1-800-656-4673 or chat 24\/7 on <\/a>online.rainn.org<\/a>.\n <\/p>\n ![\"23024576](\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/09\/23024576-aoc-cornell-01-00-00-17-10-still001.jpg\")
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