New York prosecutors reopen Cornell fraternity gang rape probe after civil lawsuit

Reopening of the criminal investigation

Prosecutors in New York have reopened an inquiry into the alleged gang rape of a former Cornell University student by seven fraternity members in October 2024. Tompkins County District Attorney Matthew Van Houten confirmed on 28 September 2026 that his office will present the case against the seven men to a grand jury for possible criminal indictments. Van Houten learned of the civil complaint on 18 September 2026, after his office received numerous phone calls, emails, and voicemails from members of the public demanding action. To prepare the case, the district attorney assigned a senior prosecutor with experience in sex crimes.

We want to reexamine whether there's additional evidence that we were not aware of in November of 2024, that exists now that would change our assessment of the case and would result in the grand jury finding that there was criminal conduct.

Allegations in the civil lawsuit

The criminal probe follows a 101-page civil lawsuit filed on 14 September 2026 in New York County Supreme Court against seven Chi Phi fraternity members, Cornell University, and other defendants. According to the complaint, the plaintiff, identified as Jane Doe, was a 20-year-old student and sorority member when she visited a friend at the fraternity house on 19 October 2024 while intoxicated. The lawsuit states that two men pressured her to snort what they identified as ketamine before sexually assaulting her. A participant then posted an invitation to a group chat called Chi Phi Actives, after which multiple members entered the room and engaged in an assault lasting until approximately 5:45 a.m. The filing describes men snorting drugs off her body, moving her between rooms, and continuing the assaults while she remained incapacitated.

Dispute over initial police records

The district attorney issued a statement explaining why criminal charges were not filed in late 2024, citing differences between the civil complaint and Doe's initial police interview. Van Houten stated that the woman's sworn account to the Cornell University Police Department three weeks after the incident described her drug use and sexual activity as voluntary, conscious, and consensual. Thomas Giuffra, an attorney representing the plaintiff, rejected that claim, maintaining that the police report was not materially different from the civil filing and criticizing the prosecutor for failing to conduct an earlier thorough investigation. Van Houten stated that victims of sexual assault often need time to process traumatic events before fully understanding them.

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.

Cornell University disciplinary measures

Cornell University expressed support for the district attorney's decision to present the case to a grand jury while defending its internal disciplinary actions. Kyle Kimball, Cornell's vice president for university relations, stated that the school conducted a Title IX investigation that lasted several months, including multi-day hearings before a panel of trained faculty and staff. The university permanently banned the Xi chapter of Chi Phi from campus in 2024 and issued a series of suspensions and expulsions. Doe's civil suit asserts that only two students were expelled, while others served short suspensions, wrote essays, or attended workshops. Jeremy Saland, a defense attorney representing one of the fraternity members, stated his client only responded to the situation and engaged in no wrongdoing.

Any suggestion that the university did not impose consequential punishments for those involved is false.