ITHACA, NEW YORK — The Tompkins County District Attorney's Office will reopen the investigation into an alleged rape at Cornell University in 2024. Tompkins County District Attorney Matthew Van Houten stated he has begun the process of revisiting the decision whether to pursue criminal charges against seven fraternity members.

This development follows a civil lawsuit filed earlier this month by a woman who claimed she was drugged and raped by multiple people at a fraternity house over the course of hours. The civil complaint was filed on September 16. None of the seven fraternity members named in the lawsuit have been criminally charged.

He stated that his office was provided with a six-page document signed by Doe in November 2024 that provides a different narrative than the allegations in the lawsuit. Van Houten said that Jane Doe's sworn statement in November 2024 did not allege that she was drugged against her will or gang raped. He said that Jane Doe's November 2024 statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.

He said that multiple prosecutors and criminal investigators reviewed Jane Doe's statement and determined the alleged facts do not constitute a crime. He also said that a group chat included in the complaint — in which Jane Doe claims members of the fraternity discuss the alleged incident — was never provided to his office. Despite these prior determinations, he said that the credibility of Jane Doe was never in question.

Attorney Thomas Giuffra stated that Jane Doe never spoke with anyone other than the officer who took her initial complaint. Giuffra stated that it is challenging to understand how a thorough criminal investigation could have been conducted. Giuffra stated that only two of the seven alleged attackers were expelled by the university, while other fraternity members received lesser disciplinary measures.

Actor Josh Gad publicly condemned Cornell University’s handling of disciplinary proceedings, criticizing lenient punishments such as writing essays for the accused fraternity members. The Chi Phi fraternity chapter was temporarily suspended by Cornell University following the alleged incident, according to a lawsuit filed by Jane Doe. The Xi chapter of Chi Phi fraternity remains barred from the Cornell University campus. Cornell University conducted a Title IX investigation into the allegations, which involved at least 12 hearings between May 2, 2025, and May 29, 2025.

He said his office wants to reexamine whether there is additional evidence that was not aware of in November 2024 that would change the assessment of the case. He said that his office, following a conversation with Jane Doe and her legal team, will bring the case to a Tompkins County grand jury when the appropriate charges are determined. He said it is his intention to present the case to the Tompkins County grand jury with Jane Doe's cooperation.

He said that his office has not decided whether to bring criminal charges related to the incident yet. Cornell University stated it supports the decision of the Tompkins County District Attorney to provide an opportunity for the victim's story to be heard by a criminal grand jury.

Why It Matters

The reopening of the investigation shows a discrepancy between the initial criminal assessment and the allegations in the new civil suit. The DA's office previously relied solely on campus police and a sworn statement that did not allege drugging or gang rape, but the civil complaint introduces new claims and evidence, including a group chat message. This shift prompts a re-examination of whether additional evidence exists that was not available during the initial review in late 2024.

The case also draws attention to the disciplinary actions taken by Cornell University and the broader practice of district attorneys relying on university police investigations. While the university suspended the fraternity chapter and conducted Title IX hearings, the penalties for individuals were insufficient. The DA's decision to present the case to a grand jury ensures the allegations will receive further legal scrutiny, regardless of the final charging decision.

Timeline

In November 2024, Tompkins County District Attorney Van Houten stated that Jane Doe's sworn statement did not allege that she was drugged against her will or gang raped. He also said that his office was provided with a six-page document signed by Doe in November 2024 that provides a different narrative than the allegations in the lawsuit. Between May 2, 2025, and May 29, 2025, Cornell University conducted a Title IX investigation into the allegations, which involved at least 12 hearings. The civil complaint was filed on September 16, 2025.

What's New

Additional reporting reveals that Jane Doe was 20 years old at the time of the alleged incident in October 2024, as stated in a civil lawsuit filed by her attorney Thomas Giuffra. It also confirms that Cornell University Police Department's investigation into the 2024 incident was not independently verified by the Tompkins County DA's Office, which relied solely on the campus police report and did not conduct its own inquiry, as confirmed by Van Houten's statement. The lawsuit transcript notes that Cornell University Police Department is a private police force located at 117 Statler Drive G2 Barton Hall, Ithaca, NY 14853.

The civil lawsuit alleges that Jane Doe was drugged and sexually assaulted by Matthew Ingalls, Johnathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris, and Scott Kretzschmar at the Chi Phi fraternity house at Cornell University in 2024. Cornell University Police Department (CUPD) conducted an investigation into the allegations but did not independently investigate the case, as confirmed by Van Houten's statement. According to the lawsuit, the Chi Phi fraternity chapter was temporarily suspended by Cornell University following the alleged incident. The lawsuit transcript describes that Johnathan Newell, one of the defendants named in the lawsuit, allegedly sent a message to the 'Chi Phi Actives' Snapchat group chat inviting other fraternity members to join the assault. He stated that the Tompkins County District Attorney's Office has a policy of relying on university police investigations rather than conducting independent investigations.

How Sources Differ

Sources differ on details regarding the Cornell University Police Department. One source states that Cornell University Police Department is a private police force located at 117 Statler Drive G2 Barton Hall, Ithaca, NY 14853, as noted in the lawsuit transcript. Another source, Tompkins County District Attorney Van Houten, stated that his office relied on the investigation conducted by the Cornell University Police Department and did not independently investigate the allegations. Additionally, while one source notes the department's location and status as a private force, another source, the Cornell University Police Department report, states that Doe filed a report with the Cornell University Police Department about three weeks after the alleged incident.