Woman alleges gang rape at Cornell

A woman identified as Jane Doe filed a civil lawsuit on September sixteenth alleging she was gang-raped by seven Chi Phi fraternity members on October nineteenth, twenty twenty-four.

Seven men named as defendants

The lawsuit names Matthew Ingalls, Johnathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris, and Scott Kretzschmar as defendants, along with the fraternity and Cornell University.

Criminal investigation reopened

Prosecutors said this week they were reopening a criminal investigation into the case after declining to press charges originally. The case will be presented to a grand jury for consideration.

Some defendants deny allegations

Separate attorneys for Kretzschmar and Lopes denied the allegations in statements to ABC. Norris denied engaging in sexual activity or drug use but acknowledged sending a message included in the complaint.

Cornell began Title IX investigation

Jane Doe reported the alleged assault to campus police in November twenty twenty-four. Cornell began its Title IX investigation on January fourteenth, twenty twenty-five.

What Title IX requires

Title IX is a federal law dating back to nineteen seventy-two meant to ensure colleges investigate sexual assault on campus and prevent sexual violence from impeding a student's access to education.

Cornell expelled two accused students

Jane Doe's attorney said Cornell expelled two of the seven accused students. Cornell confirmed its disciplinary process resulted in expulsions and suspensions but did not disclose individual outcomes.

Cornell closed Chi Phi chapter

Kyle Kimball, Cornell's vice president for university relations, said Chi Phi's Cornell chapter closed in twenty twenty-four and the fraternity remains barred from campus.

Student denied tuition refund

Jane Doe's attorney said Cornell refused her family's tuition-refund request after the alleged assault, leaving her to spend another semester on campus. She is no longer in college as of twenty twenty-six.

Title IX rules shifted under Trump

A federal court vacated the Biden Administration's Title IX rule on January ninth, twenty twenty-five. The Trump Administration formally restored the twenty twenty rule to the Code of Federal Regulations this week.

Trump rule narrowed sexual harassment

The twenty twenty rule requires hostile-environment sexual harassment to be severe, pervasive, and objectively offensive, a narrower standard than the Biden-era rule that broadened the definition of sexual harassment.

New York's voluntary intoxication loophole

Under New York rape law, lack of consent can be established through force, explicit refusal, physical helplessness, or mental incapacitation. But mental incapacitation excludes incapacity caused by voluntarily consuming drugs or alcohol.

Advocates criticize consent law

Ann Olivarius, an attorney representing victims of sexual misconduct, says the law sees consent in black and white: either stone cold sober or totally comatose. Life is not like that, especially in college.

“The current law sees it in black and white: Either you're stone cold sober or you're totally comatose. Life is not like that, and certainly not in college.”

Prosecutor defends initial decision

Tompkins County District Attorney Matthew Van Houten said Jane Doe's November twenty twenty-four sworn statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.

Civil lawsuit tells different story

The civil lawsuit states Jane Doe was incapacitated when frat members sexually assaulted her and thus incapable of consenting. It claims she was pressured and plied with drugs and that certain acts were forced on her.

New York forming working group

State Assembly Speaker Carl Heastie announced Wednesday that the New York State Assembly is forming a working group to review the state's rape laws in light of the civil lawsuit.

Reform bill stalled in Assembly

A bill addressing the voluntary intoxication exclusion passed the state Senate unanimously in June but remains stalled in the Assembly. Earlier versions passed the Senate in twenty twenty, twenty twenty-one, twenty twenty-three, twenty twenty-four, and twenty twenty-five.

Other states have reformed laws

Minnesota expanded mental incapacitation to include voluntary intoxication in twenty twenty-one. Michigan revised its laws in twenty twenty-three. Texas expanded its law last year. California tightened sentencing laws in twenty sixteen.

Governor calls for independent review

New York Governor Kathy Hochul called Tuesday for an independent investigation into how Cornell University handled the allegations when they arose in twenty twenty-four to determine whether the university met its obligations.

“No student should ever be left wondering whether the institutions meant to protect them will listen and act.”