A woman who formerly attended Cornell University in Ithaca, New York, recently sued the school, a bar, several Greek organizations and seven fraternity members in connection with a 2024 sexual assault she says took place in the fraternity's house.
The lawsuit, filed in a New York state court Sept. 16, accuses seven men who attended Cornell University of assaulting the woman while she was intoxicated in 2024 at a fraternity house.
The suit claims negligence on the part of the school; negligent retention, supervision and/or direction, breach of contract; violation of New York's Human Rights Law; sexual assault; sexual battery; intentional and negligent infliction of emotional distress; and violation of the state's Dram Shop Act.
Cornell University’s Chi Phi fraternity house is seen Sept. 29 in Ithaca, New York.
What's happening at the school?
A former Cornell University student filed a lawsuit alleging that multiple men who also attended the school assaulted her while she was intoxicated and unable to consent to sexual acts.
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The complaint, filed on her behalf by the firm Rheingold, Giuffra, Ruffo, Plotkin and Hellman and also by the firm Cochrun & Seals says the individuals, the school, Chi Phi fraternity, Delta Delta Delta sorority, and others failed to protect the woman from being sexually assaulted and raped.
"Plaintiff DOE was in a very vulnerable situation when she was sexually assaulted," the complaint says. "Plaintiff DOE sustained injuries, including but not limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, depression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and emotional and psychological damage."
According to the lawsuit, defendants include:
Cornell University
Matthew Ingalls
Jonathan Newell
Winston Lee
Gillio Lopes
Diego Sarabia
Scott Norris
Scott Kretzschmar
Chi Phi Chapter House Association
Chi Phi Fraternity Inc.
Chi Phi Educational Trust
Alpha Beta House Corporation of Delta Delta Delta
Delta Delta Delta Sorority
Zareen Enterprise (Moonies Bar & Nightclub)
John Doe (faculty)
John Doe (alumni)
John Does (executive board)
Orazio Petito, Chi Phi chapter president
Goldwin Smith Hall is seen Sept. 29 at Cornell University campus in Ithaca, New York.
The alleged assault
According to court documents, the incident took place on Saturday, Oct. 19, 2024, and into the morning of Sunday, Oct. 20, 2024, at the fraternity's house on Cornell's campus.
New York prosecutors did not initially pursue charges. They said they reopened a sexual assault investigation, USA TODAY reported.
In a nine-page statement, the Tompkins County District Attorney, Matthew Van Houten, said charges were not filed previously because the woman did not claim an assault. The district attorney's statement also includes the statement forwarded to him by the police at the time of the woman's report.
"Jane Doe’s sworn statement in November of 2024 did not allege that she was drugged against her will or gang raped. On the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual. My office obviously did not and could not have based our November 2024 decision on the allegations in a civil lawsuit that would not be filed until nearly two years later,” the statement says. “Furthermore, I have never been contacted by Jane Doe’s attorneys.”
CBS News New York said on Sept. 30 it obtained a transcript of the woman's police interview in which she tells police, "I can say with 100% confidence I was raped."
Did Cornell issue any punishment?
Two of the seven men were expelled while the other fraternity members received lesser punishments, including submitting essays, Doe’s attorney Thomas Giuffra said, according to multiple news reports and the lawsuit.
None of the men were arrested or charged with a crime.
The fraternity chapter, shortly after, was placed on a temporary suspension for alleged violations of the Student Code of Conduct.
In January 2025, the school launched a Title IX investigation, which the lawsuit says has concluded.
The campus police office is seen Sept. 29 at Cornell University in Ithaca, New York.
What does the woman say happened?
In the complaint, the plaintiff, who was a member of Delta Delta Delta, says she was gang raped at the fraternity hours after she was pressured to take drugs and given multiple drinks.
The complaint says the woman, who was 20 at the time, drank vodka at the sorority house and then attended a Tri-Delta National sorority event at a bar and nightclub.
When she arrived at the club, the plaintiff says an "X" was placed on her hand by the bouncer to signify she was under 21 years old, the legal drinking age. Despite that, she was served "at least one alcohol drink" at the bar.
After then going to another bar in the area, she "stumbled alone" to the fraternity house on Cornell's campus at about 11 p.m., after initially being accompanied by the sorority house mother.
"Plaintiff was visibly intoxicated as she had consumed about 10 standard drinks within the past 3 hours. Plaintiff was let into XI CHAPTER’s fraternity house by three or four members of the fraternity who had been standing by the front door," the complaint alleges.
After dancing with a fraternity member, they went to a "quieter area" where the man proposed a threesome.
"In her drunken state, Plaintiff was incapable of consenting to this proposition," the suit claims.
The suit claims several men used ketamine and pressured the woman to use it as well. They also gave her "Jamaican liquor," which her suit says was "some type of high-proof rum."
After that point, the men began engaging in sexual acts with the woman.
"At approximately 1:42 AM, Defendant NEWELL sent a message into the XI CHAPTER’s member Snapchat group entitled “Chi Phi Actives,” in which the active fraternity members are present, claiming there was “free *****” upstairs, referring to Plaintiff." Several men apparently replied to the chat.
Additional men entered the room after the message and again pressured the woman to use ketamine, and used it themselves as the assault continued. At about 5:45 a.m., the plaintiff lost consciousness, the suit says.
Days later, she was encouraged by friends to report the incident to campus police and did so on Nov. 8, 2024.
