Details emerge in case of former Cornell student alleging rape by frat members

New details are emerging successful the lawsuit of a erstwhile Cornell University pupil who claims she was drugged and gang-raped for aggregate hours wrong a fraternity location successful October 2024.

The pistillate — identified lone arsenic Jane Doe, who was 20 astatine the clip of the alleged incidental — precocious filed a civilian lawsuit against 7 then-Chi Phi fraternity members and the university, claiming they failed to support her and forestall the alleged assault. While Cornell conducted an interior investigation, and expelled oregon suspended respective of the men, nary transgression charges were brought against the accused astatine the time. 

The Tompkins County District Attorney's Office confirmed connected Monday, Sept. 28, that it was reopening the transgression investigation amid unit from the community. The DA said the woman's sworn connection from November 2024 was antithetic from what she alleges successful the civilian lawsuit, portion her lawyer claims investigators ne'er followed up connected her allegations.

New York Gov. Kathy Hochul connected Oct. 1 signed an enforcement bid appointing New York Attorney General Letitia James as a peculiar prosecutor successful the case. Hochul said James volition "investigate the incidental and, if warranted, prosecute immoderate offenses arising from the probe and contiguous grounds to a expansive jury."

Here is what we cognize astir the lawsuit truthful far:

Claims against Cornell

In the suit against the assemblage and the then-fraternity members, the pistillate alleges she visited a person astatine Cornell's Chi Phi fraternity location portion she was already intoxicated, and alleges that 2 fraternity members pressured her into taking what they said was ketamine. She alleges they past sexually assaulted her.

According to the suit, connected the nighttime successful question astatine astir 1:42 a.m., 1 fraternity subordinate sent a crude connection to a Chi Phi Snapchat radical chat suggesting that a pistillate upstairs was disposable for sex. The pistillate alleges much men entered the country and the assaults continued until 5:45 a.m.

The ailment says the pistillate filed a study with the university's constabulary section 3 weeks aft the alleged rapes. 

"Once she was emotionally ready, she went to the University constabulary and bravely shared what had occurred to her. She went to the constabulary due to the fact that she believed that she was the unfortunate of a crime," her attorney, Thomas Giuffra, said successful a connection to CBS News.

"Other than her archetypal interaction with Cornell Police, she was not contacted by investigators from the Tompkins County District Attorney's Office oregon immoderate investigators trained successful interviewing rape survivors," Giuffra said.

Cornell conducted an interior reappraisal of the allegations aft she filed the study with field police. Giuffra told CBS News New York that 2 of the fraternity members were expelled, portion 5 others received lesser sanctions including suspensions, workshops and penning essays.

"Not 1 of these guys was arrested. Not one. That I tin archer you for a fact," Giuffra told CBS News New York, adding that the pistillate dropped retired of the schoolhouse aft the alleged assault.

Cornell disputed the thought that immoderate of the accused lone had to constitute essays for punishment.

"None of the individuals charged were offered the accidental to constitute essays arsenic a sole effect of their involvement," the assemblage said.

Cornell President Michael I. Kotlikoff specified successful a Sept. 29 gathering with the pupil authorities that 2 of the accused were expelled, 2 suspended for astatine slightest 2 semesters, 1 had already graduated earlier immoderate punishment could beryllium handed down, and 2 were recovered not to beryllium liable for intersexual misconduct.

The suit accuses Cornell and the different defendants of breach of contract, negligence and violations of authorities law. She is seeking monetary damages, including compensatory and punitive damages. The suit does not specify however overmuch she is seeking.

Exclusive study connected Jane Doe field constabulary interrogation transcript

According to a transcript of the alleged victim's interrogation with field police, obtained by CBS News New York's Mahsa Saeidi from a source, Jane Doe distinguished the archetypal intersexual enactment from what she says happened aboriginal successful the night.

She described drinking and utilizing drugs the nighttime of the alleged rape, and said she had gaps successful her memory, according to the transcript.

When asked whether she was OK with the archetypal encounter, she said, "Yeah, arsenic overmuch arsenic I tin beryllium because, again, I was ace drunk erstwhile I got determination ... But I was beauteous OK with each of this."

When describing what happened aboriginal successful the night, the transcript says Jane Doe said, "I tin accidental with 100% assurance I was raped."

The interrogation began connected Nov. 14, 2024 — much than 3 weeks aft the alleged pack rape — and continued the adjacent day.

The transcript was utilized arsenic the ground for the alleged victim's written statement, and it shows the researcher work her relationship backmost to her connection by connection and gave her a accidental to clarify oregon close the record.

On the 2nd time of the interview, Jane Doe reviewed the revised six-page statement. The transcript shows her advisor asked if she wanted her and different advisor to reappraisal the statement.

In the statement, obtained by CBS News, she elaborate what she said happened the nighttime of the alleged rape. She described being "pretty incapacitated" and things becoming a blur.

She recalled "multiple men" coming into the country astatine immoderate constituent erstwhile she was naked.

"I had go highly uncomfortable with however this nighttime was turning out, truthful my thought was, if I bash ketamine again, possibly I volition walk out. My thought was that if I passed retired and these men person enactment with me, past they could person been charged with rape astatine this point," she said successful the statement.

Later, she described 2 radical walking successful and saying they were "shutting it down," which caused "the radical of men" to scatter.

She past described intersexual encounters. "I retrieve being wholly disgusted astatine the situation, and I felt precise bushed and intoxicated," she said, adding, "I would accidental that it was the astir intoxicated I've ever been successful my life. I felt similar I was incapable to marque immoderate decisions due to the fact that of however intoxicated I was." 

Before signing, the transcript shows Jane Doe said, "I'm precise assured astir this."

Tompkins County District Attorney Matthew Van Houten told CBS News connected Sept. 29 that helium was ne'er provided the afloat transcripts of those archetypal interviews Jane Doe conducted with Cornell police. 

He said the sworn connection submitted to his bureau successful November 2024 made nary notation of the statements that were made successful the transcript obtained by CBS News New York — specifically Doe telling schoolhouse investigators, "I tin accidental with 100% assurance I was raped."

"I ne'er saw it, ne'er heard it until tonight," Van Houten said successful the interview. "If it exists, I volition get it. You tin beryllium definite of that."

He added, "If that benignant of happening was omitted from a statement, if it is true, it needs to beryllium afloat investigated by idiosyncratic extracurricular of Cornell." 

Cornell University initially said its constabulary section provided the results of the school's probe to the DA. However, successful an FAQ published connected its website regarding the allegations, the assemblage said successful an Oct. 1 update that it "shared the victim's sworn connection and the Snapchat screenshot with the Tompkins County District Attorney's Office, which is the established protocol if the section believes it is imaginable a transgression has occurred." 

Jane Doe's attorney, Thomas Giuffra, remarked to CBS News, "What much did (Van Houten) request to bash a thorough probe and prosecute? He had a pistillate who told an serviceman she was raped and a radical chat inviting intersexual assaults. The nonaccomplishment to bash thing is shocking. 

"Neither I nor Ms. Doe person immoderate assurance successful DA Houten's quality to grip this probe and prosecution. He seems much funny successful protecting his estimation arsenic opposed to seeking justness arsenic is his work arsenic the District Attorney."

Title IX probe transcripts

CBS News New York obtained transcripts of Cornell's Title IX investigation, distributed to the parties successful January 2025, from a source. The documents are portion of the grounds but bash not see the Title IX panel's proceeding minutes, reasoning oregon last findings. 

The records connection a person look astatine however Jane Doe described what she says happened to her that nighttime and successful the days that followed, arsenic good arsenic however people astir her remembered it. They see interviews with Doe, six of the 7 men named successful Doe's bombshell civilian lawsuit, and 20 witnesses.

One roommate recalls Doe saying "Oh my goodness, isn't that crazy?" the greeting aft the alleged incidental astatine Cornell's Chi Phi location successful October 2024. The roommate said Doe was laughing arsenic she recounted it, but seemed to beryllium successful shock. The roommate said Doe did not telephone it rape oregon battle that adjacent morning.

A 2nd roommate said Jane Doe did archer her "I wasn't comfortable."

About a week later, that 2nd roommate said she heard Doe archer 1 of the men, "You had penetrative enactment with me. I had truthful overmuch ketamine, my eyes were crossed, and you inactive had enactment with me."

In her Title IX interrogation successful November, Doe said she didn't amusement "excitement and enthusiasm, which is kinda the ground of consent." She said she told the men she was bushed and didn't privation to continue, and that she was sometimes encouraged to instrumentality much substances.    

The men, present accused of rape and assault, besides gave their accounts.

One said helium asked Jane Doe if helium could instrumentality ketamine from her body. He said she agreed.

Another, Scott Kretzschmar, said helium was successful the country for "tops, 5 minutes," did not spot her naked, and did not bash drugs. Kretzschmar told a Title IX researcher helium asked Doe if she was OK. He said her effect was "I'm good" and that "she didn't look inebriated astatine all." 

The allegation against Kretzschmar is that helium snorted ketamine from Doe's body, thing his lawyer Jeremy Saland denies.

Cornell said its Title IX process lasted months, included a proceeding earlier a sheet of trained module and staff, and resulted successful sanctions, including expulsions and suspensions. 

"After investigation, and pursuant to national law, the substance was sent to a proceeding wherever a sheet of trained module and unit heard grounds implicit aggregate days," Cornell's statement said. "The complainant and respondents had the accidental to attest and contiguous evidence."

Cornell's effect and interior investigation

New York Gov. Kathy Hochul said connected Sept. 30 that Cornell has agreed to bring successful extracurricular counsel for an autarkic investigation. "I privation answers. And I privation accountability," she wrote connected X.

Cornell said connected Oct. 6 that former Deputy U.S. Attorney General Sally Yates volition oversee a wide reappraisal of the university's handling of intersexual misconduct claims, including Jane Doe's allegations. 

The fraternity section was closed successful 2024 and remains barred from campus.

"Any proposition that the assemblage did not enforce consequential punishments for those progressive is false," Cornell said. "A continuation of the mendacious communicative that determination were minimal consequences successful this lawsuit is irresponsible, volition marque survivors consciousness little harmless and supported, and volition perpetuate the underreporting of intersexual assault."

The Ithaca Police Department told CBS News New York that the alleged incidental was ne'er reported to them.

Cornell said successful a connection that Ithaca constabulary were not progressive initially due to the fact that the "established protocol" erstwhile the school's constabulary section believes a transgression whitethorn person been committed is to stock the probe with the Tompkins County District Attorney's Office. 

"The Cornell University Police Department is simply a sworn instrumentality enforcement bureau and performs the aforesaid functions arsenic municipal police, but connected Cornell property. This incidental occurred successful Cornell's jurisdiction," the schoolhouse said.

Former Cornell University constabulary main Anthony Bellamy, who is present lawman main astatine the Ithaca Police Department, told CBS News helium has nary comment.

Van Houten told CBS News that the DA's bureau didn't person entree to Cornell's Title IX records connected the alleged incident, and that he's asking Jane Doe's lawyer to supply those documents.

He besides said "we don't person immoderate indication" field constabulary astatine the clip interviewed the 7 then-fraternity brothers accused successful the lawsuit. 

Snapchat and substance messages

CBS News New York exclusively obtained further video of the fraternity's radical Snapchat speech from the nighttime the pistillate alleges the incidental occurred. 

A connection sent to the radical astatine 1:42 a.m. suggested successful crude connection that a pistillate was disposable for sex.

"Shop inactive open?" 1 fraternity member wrote later. 

The effect was "Yea." 

Screenshots of a abstracted substance exchange, besides reported exclusively by CBS News New York, amusement what a root describes arsenic messages sent 2 days aboriginal betwixt Jane Doe and 1 of the defendants present accused successful the lawsuit. 

The antheral started by apologizing for "how things went down." He said his representation is "kinda fuzzy," and that helium and different antheral consciousness atrocious for being excessively intoxicated to "shut it down and footwear radical retired earlier it got mode retired of hand."

The pistillate successful the substance concatenation replied that her representation is "super clouded too," and said they had each been heavy intoxicated. 

She besides wrote, "non(e) of the intersexual worldly was illegal." She said she liked being with him and different man. Later, she suggested they fume unneurotic again, "but similar permission retired the other 5 cardinal men and ketamine." 

The woman's attorney, Thomas Giuffra, confirmed she exchanged texts with this suspect soon aft the alleged assault, but helium could not corroborate whether these were the circumstantial texts.

Giuffra said she was successful denial and traumatized soon aft the alleged assaults. He said she was intoxicated to the constituent of incapacity that nighttime and was trying to find retired what happened.

He said she felt similar she should not instrumentality an assertive code with this suspect if she wanted answers.

N.Y. Attorney General Letitia James appointed arsenic peculiar authoritative

New York Gov. Kathy Hochul signed an enforcement bid naming New York Attorney General Letitia James arsenic peculiar authoritative successful the case.

"Every New Yorker deserves to cognize that erstwhile they study a crime, it volition beryllium investigated afloat and fairly, that they volition beryllium seen and heard," James said astatine a quality conference Friday, Oct. 2. "That is the committedness of our justness system. I basal acceptable to pb a process guided by the facts and the law."

Hocul said successful a connection that she asked James to instrumentality implicit the lawsuit due to the fact that "[n]ewly released accusation continues to rise superior questions astir the probe conducted by the Cornell Police Department and the determination by the Tompkins County District Attorney not to prosecute," saying it had "undercut my faith, and the public's faith, successful the District Attorney's quality to efficaciously analyse and prosecute the lawsuit astatine this time."

A Cornell spokesperson said the assemblage supports the determination to delegate the lawsuit to James' office.

The assignment comes little than a week aft the Tompkins County District Attorney's Office said it would reopen the transgression probe — a determination Cornell besides said it supported.

Before James' appointment, the DA, Matthew Van Houten, had told CBS News analogous Lilia Luciano that helium hoped they'd beryllium capable to bring the lawsuit to a expansive assemblage "in the adjacent 45 days," adding, "I privation to determination fast." He had said the expansive assemblage could "consider the charges that were acceptable retired successful the civilian complaint, and they tin see different charges."

In a connection earlier, Van Houten said the allegations made successful the civilian suit were antithetic from the sworn connection made by Jane Doe successful November 2024. He said her 2024 connection "did not allege that she was drugged against her volition oregon pack raped" by aggregate men.

"On the contrary, Jane Doe's connection described her information successful cause usage and intersexual behaviour arsenic voluntary, conscious, and consensual," Van Houten's connection said. "My bureau evidently did not and could not person based our November 2024 determination connected the allegations successful a civilian suit that would not beryllium filed until astir 2 years later."

He told CBS News, "I don't spot however much could person been done astatine the time, fixed that instauration of the lawsuit being her statement."

Van Houten called the Snapchat connection concatenation "disgusting, vulgar," but said it "had thing to bash with the contented of consent, which is the ineligible issue."

Cornell said the Cornell University Police Department provided a screenshot from Snapchat to the DA backmost successful 2024, on with Jane Doe's sworn statement.

Van Houten told CBS News the serviceman who took Jane Doe's archetypal connection was "an experienced investigator" who was "trained successful trauma informed intersexual battle cases," and "not conscionable idiosyncratic who was manning the desk."

He had told CBS News: "We privation to dainty her with respect and with humanity and compassion and perceive from her what's changed since November of 2024. We privation to beryllium down with her and speech done what she knows present and what she has processed implicit that clip truthful that we tin enactment each of the grounds earlier the expansive assemblage and fto the expansive assemblage decide."

Giuffra, the woman's attorney, said she was not contacted by investigators from the DA's bureau aft she made her study to Cornell's assemblage police.

"Interviewing a subsister is simply a challenging process that takes a batch of clip and experience. It is ne'er casual for a subsister to stock details of an battle with a stranger. Trust indispensable beryllium developed and a batch of clip spent learning the facts and engaging with the survivor," helium said. "It is challenging for maine to recognize however a thorough transgression probe could person been conducted erstwhile she ne'er spoke with anyone different than the serviceman who took her archetypal complaint."

Giuffra told CBS News they welcomed the reopening of the transgression investigation, saying it was "a measurement successful the close direction, albeit a precocious one." 

Defendants contradict accusations

The suit identifies 1 of the accused then-fraternity members arsenic Scott Kretzchmar, who allegedly sent 2 responses successful the Snapchat group.

His defence attorney, Jeremy Saland, acknowledged to CBS News that the messages were inappropriate but said they are not grounds of intersexual assault.

"This is simply a concern wherever determination was an disfigured Snapchat — ugly, period. … But that doesn't marque my lawsuit a rapist, and it surely doesn't marque anyone a enactment offender," Saland said.

Saland said Kretzchmar concisely entered the country wherever the pistillate was, successful effect to the connection "that galore radical person seen," and said helium did not interaction her "in immoderate way, signifier oregon form" and near successful a substance of minutes.

"She was not incoherent but successful information was coherent and again near that country without touching her oregon having immoderate carnal enactment with her whatsoever," Saland said.

The lawyer said the assemblage recovered Kretzchmar was not liable for thing that the pistillate alleges successful her complaint.

As for the accusation of ketamine use, Saland said Kretzchmar took a hairsbreadth follicle trial that determined helium had nary ketamine successful his system.

"We surely would contiguous grounds of the hairsbreadth follicle trial which demonstrably and scientifically shows that helium did not ingest ketamine arsenic alleged by the complainant," helium said.

Saland said that portion nary 1 has contacted him astir a renewed investigation, "we invited the opportunity."

"We are disposable to contiguous exonerating evidence. I conscionable anticipation the close happening is yet done, this lawsuit is closed, and my lawsuit tin unrecorded his beingness and not beryllium taxable to this selfish, repugnant, vile assertion by this pistillate astir him," helium added.

Andrew Miltenberg, an lawyer representing Gillio Lopes, different then-fraternity subordinate accused successful the civilian lawsuit, told CBS News New York that his lawsuit "unequivocally denies the allegations against him."

"Cornell antecedently investigated these allegations. The allegations present being made publically disagree from what was reported and investigated during that process," Miltenberg said. "These are superior accusations, but accusations are not proof. Mr. Lopes should beryllium judged connected the evidence, not prejudged based connected allegations made successful a suit oregon repeated successful the media. We volition code these issues done the due ineligible process."

CBS News has reached retired to the different defendants named successful the civilian lawsuit.

Mahsa Saeidi, Lilia Luciano and Kinjal Patel contributed to this report.

In:

• Rape
• Cornell University
• Sexual Assault
• Crime
• New York