Lafayette College’s handling of an alleged rape earlier this month has drawn criticism from Northampton County’s top law enforcement official, which college officials have objected to.

Northampton County District Attorney Steven Baratta disagreed with Lafayette’s Office of Public Safety’s decision to not send out a “timely warning” to inform the campus community of an alleged rape that was reported on Oct. 4 and occurred sometime after midnight the day prior at the Williams Center for the Arts.

A timely warning, as required by the federal Clery Act which mandates higher education institutions to publicly share campus crime data, is a mandatory campus alert that must be administered if an institution’s public safety deems a crime on or near campus to pose a serious or ongoing threat. 

The first campus-wide email alert did not occur until Oct. 16, after lehighvalleylive.com reached out to the college regarding the incident.

“Public Safety evaluated the report under the College’s Clery Act procedures and determined that it did not present an ongoing or continuing threat to the campus community,” according to the college’s alert.

Baratta disagreed with the college’s assessment that the reported rape did not present an ongoing threat to the campus community.

While Public Safety’s initial investigation determined that a timely warning was unnecessary, Laura Dunn, a New York City civil and victims’ rights attorney, said its response was not necessarily standard practice.

“A lot of campuses issue timely warnings for sexual assaults of all different natures, even if it’s, for example, relationship violence,” said Dunn, adding that schools particularly do so when a perpetrator is still unidentified. “A lot of good schools will still issue a timely warning and just remind people about resources on campus.”

Jeff Troxell, Lafayette’s Director of Public Safety, declined to comment.

Baratta also claimed that he was “wholly uncomfortable with the statement that the public safety department determined there’s no issue,” and urged students to “remain vigilant.”

The campus-wide email alert also claimed the report that Public Safety received contained “limited information” and that “no criminal complaint has been filed.”

Representatives from both Public Safety and the District Attorney’s Office met the following morning, during which college representatives “reviewed the steps it had taken, and provided the College’s detailed report,” per the campus-wide email.

“At that meeting, no concerns were raised about the College’s handling of the kit or the report,” the statement reads.

The college released its Monday statement following comments Baratta made to lehighvalleylive.com earlier that day. Baratta raised concerns regarding alleged mishandling of a rape kit received by the college; the college’s statement confirmed Public Safety received the kit at 8 p.m. on Oct. 4, shortly after being notified of the rape.

Baratta claimed he had received a phone call from Public Safety in which the caller said the office did not know what to do with the kit. The college argued the kit was “preserved exactly as Pennsylvania law requires.”

Baratta went on to say that the college should have “learned” from the alleged gang rape at Cornell University that gained national attention this fall. Vice President of Communications Kristen Daily called the comparison “unjustified” in a statement to lehighvalleylive.com. Baratta urged the victim to come forward and cooperate with law enforcement for the investigation, saying the victim would not lose their confidentiality by doing so.

The college’s statement referred to Pennsylvania’s Sexual Assault Testing and Evidence Collection Act, which grants victims of sexual assault the right to have evidence collected without reporting to police, having the evidence tested or pursuing a criminal investigation.

“Justice for survivors begins with respect for their choices,” the college’s statement reads.

A working group focused on sexual assault prevention and victim advocacy was announced in a joint statement from Lafayette and the Northampton County District Attorney’s Office on Wednesday.

“I think it’s good that the district attorney and law enforcement are trying to signal that they care and want to help,” Dunn said. “But the way to do that isn’t to pressure survivors.”

“It’s to be part of the community every day, all day and routinely sending messages that they care about sexual assault and will do everything they can when it happens to investigate properly and bring offenders to justice,” Dunn continued.

Dunn pointed to the 12-year statute of limitations for rape cases in the state of Pennsylvania as allowing victims to come forward in their own time.

“Preserving the kit ensures it will be available if the person chooses to come forward, now or in the future,” according to the college’s statement.

Baratta did not respond to multiple requests for comment.

A correction was made on Oct. 23, 2026: A previous version of this article stated that the alleged rape occurred sometime after midnight the evening before its report on Oct. 4. Lafayette College’s Public Safety crime log entry did not specify when after midnight the incident occurred.