Prosecutors Reopen Inquiry Into Alleged Rape at Cornell Fraternity

The Tompkins County District Attorney's Office says it has reopened its criminal inquiry into an alleged 2024 assault at Cornell University's Chi Phi fraternity. The renewed inquiry follows a 2024 Cornell University Police review; District Attorney Matthew Van Houten says his office then reviewed Doe's statement at Cornell police's request rather than conducting an independent investigation. Doe's civil lawsuit alleges that multiple fraternity members drugged and raped her. The office says it is preparing the case for presentation to a Tompkins County grand jury, which would consider Doe's testimony and any new evidence.

The lawsuit alleges that multiple fraternity members drugged and raped Doe. She reported the alleged incident to Cornell University Police on November 8, 2024, but no criminal charges followed. She is seeking damages from the accused men, Chi Phi, Cornell, an Ithaca bar and other defendants.

The 2024 review

District Attorney Matthew Van Houten says his office did not conduct an independent investigation in 2024 and instead reviewed Doe's statement at Cornell police's request. He also told CBS News that he had no indication police had interviewed the seven fraternity members named in the lawsuit.

Van Houten says Doe's November 2024 sworn statement described voluntary drug use and consensual sexual conduct, rather than involuntary drugging or gang rape. In explaining the original decision, he says Doe's statement indicated that sexual conduct stopped when she asked. He argues that the evidence available in 2024 did not legally support prosecution.

Doe's lawyer, Thomas P. Giuffra, offers a competing account of the initial response. He says Doe spoke only with the officer who took her initial complaint, no specialist investigator from the district attorney's office contacted her, and investigators did not pursue available group-chat evidence. He argues that those omissions show law enforcement and Cornell failed to conduct a sufficiently thorough investigation.

Van Houten says that, in his assessment, New York law does not treat voluntary intoxication or drug impairment alone as legal inability to consent.

By contrast, the lawsuit alleges Doe had consumed about 10 standard drinks in three hours before the alleged assault and that circumstances including intoxication and alleged drug pressure rendered her unable to consent. It also alleges fraternity members pressured Doe to use ketamine and marijuana, and that Cornell knew or should have known that the Chi Phi Xi chapter had a ketamine-related drug culture.

Doe and her lawyer say the alleged assault and its aftermath caused severe trauma and disrupted her education. Doe says the trauma affects every aspect of her life; Giuffra says she is no longer in college.

Competing accounts and reported messages

CBS News reported that at about 1:42 a.m. during the alleged incident, a message to a Chi Phi Snapchat group suggested a woman upstairs was available for sex.

Addressing the reported Snapchat material, Scott Kretzschmar's lawyer, Jeremy Saland, denies that his client sexually assaulted or touched Doe, saying he briefly entered the room and left without physical contact. Saland argues that an ugly or immature Snapchat comment does not establish assault. He also cites what he describes as a hair-follicle test that found no ketamine in Kretzschmar's system. He predicts the renewed investigation will again end with no charges and exonerate his client.

Gillio Lopes's lawyer, Andrew Miltenberg, says his client unequivocally denies the allegations and argues that accusations in litigation or media coverage are not proof; evidence should be assessed through the legal process. Regarding allegations involving sexual activity or drug use, Scott Norris denies participating and says Cornell did not find him responsible for allegations involving those acts.

Campus and civic accountability

Cornell says a months-long Title IX disciplinary process included a hearing with evidence and testimony and led to expulsions and suspensions. It says the Chi Phi chapter was barred from campus and rejects claims that those involved faced only minimal consequences.

Giuffra's team disputes the adequacy of that disciplinary outcome, calling the response too lenient and saying only two members were expelled while others received measures including suspensions, workshops and essay assignments. Cornell argues that portraying its sanctions as insignificant will make survivors feel less safe and supported and perpetuate underreporting of sexual assault.

The following university-wide survey is broader context, not evidence about the individual case.

Cornell Daily Sun editor Sophia Dasser says limited disclosure and an opaque Title IX process have fuelled student frustration. She argues that the university owes transparency to students whose safety it is responsible for.

Ithaca's mayor has paused student and special-event permits until Cornell provides an accounting of its protocols to prevent and respond to sexual violence. The criminal inquiry is being handled separately by the district attorney's office.

What happens next

Van Houten says the lawsuit raises the possibility of additional evidence that could change his office's earlier assessment and lead a grand jury to find criminal conduct.