The Cornell fraternity case has a special prosecutor, a court fight and no charges

Two years after Tompkins County prosecutors declined to bring charges, New York's attorney general is investigating an alleged sexual assault at Cornell University's Chi Phi fraternity house (Executive Order 64). No one has been charged. The seven men named in a civil lawsuit deny wrongdoing (ABC News; FingerLakes1).

The lawsuit

A former student, suing as Jane Doe, filed a civil lawsuit on Sept. 16 in New York state court in Manhattan (NBC News). Her complaint alleges that seven fraternity members sexually assaulted her in October 2024. It also names Cornell, several Chi Phi and sorority organizations and a local bar, accuses Cornell of negligence and breach of contract, among other claims, and seeks damages (Cornell Daily Sun). None of the allegations has been tested in court.

On Oct. 23, one of the men asked the court to dismiss the claims against him, arguing they're too late and legally insufficient. He denies the allegations, according to his filing (NBC News). Justice Phaedra Perry-Bond, who is hearing the suit, denied a request for a gag order (ABC News). On Oct. 9 she sealed the complaint and other filings after threats reached an uninvolved family whose address was wrongly included in a filing, and she ordered redacted versions (Spectrum News).

Bench Watch BreakdownA civil suit is not a criminal chargeShow or hide the explanation

What it means

A civil lawsuit asks a court to order someone to pay for harm. It's separate from any criminal case. Filing one doesn't prove what it says.

In this case

Her lawsuit names Cornell, Chi Phi and sorority organizations, a bar and seven former fraternity members. Its allegations haven't been tested in court. No one has been charged with a crime, and the seven men deny wrongdoing.

Why there were no charges

The DA said the 2024 decision “was not because the case would have been difficult to prove in court – it was because the facts as set forth in the statement objectively prevent the filing of criminal charges” (DA's statement). He also said her 2024 sworn statement “provides a different narrative and set of facts” than the lawsuit. Gov. Kathy Hochul's executive order says the DA declined to prosecute “without speaking to Jane Doe” (Executive Order 64).

Bench Watch BreakdownConsent and intoxication in New York lawShow or hide the explanation

What it means

New York law says some people can't agree to sex. One group is people given drugs or alcohol without their OK. Another is people who are passed out, or who can't say no.

In this case

In 2024, the DA said, her sworn statement didn't allege force, a drug given to her without her consent, unconsciousness or a clear expression that she didn't consent. So he said no charges could be filed. He also said her credibility “was never in question.”

Why it matters

Under those two definitions, a person who chose to drink or take drugs fits only the second, and only if they were unconscious or physically unable to communicate. Bills that passed the state Senate would change that, and the Assembly hasn't voted on them.

New York Penal Law 130.00

A special prosecutor

Hochul named Attorney General Letitia James special prosecutor on Oct. 1. “Every New Yorker deserves to know that when they report a crime, it will be investigated fully and fairly,” James said (Attorney General).

One of the men asked a court to undo the appointment, arguing that a social media post from James's office before her appointment showed bias (NBC News). The state argues that because he hasn't been charged, he can't show a concrete harm. “His injury is not concrete,” Kaitlin Vigars, a lawyer for Hochul and James, argued on Oct. 29 (LA Magazine).

Acting state Supreme Court Justice James Farrell didn't rule at the Oct. 29 hearing in Monticello. He asked why the other men weren't part of the challenge. “Where are the others?” he said. Filings on Nov. 5 showed five of the seven had joined (LA Magazine; WAMC).

Bench Watch BreakdownSpecial prosecutorShow or hide the explanation

What it means

In New York, the governor can take a case away from a local prosecutor. The governor hands it to the state's attorney general. The attorney general then looks at the case and decides whether to charge anyone.

In this case

Gov. Kathy Hochul did that on Oct. 1, naming Attorney General Letitia James. Some of the men have asked a court to undo it, and no ruling had been reported as of Nov. 14.

Executive Order No. 64

Cornell's response

Cornell's president, Michael Kotlikoff, said in a video Oct. 3, “I believe we as an administration and we as a community must do better” (Cornell Daily Sun). Its trustees hired former U.S. Deputy Attorney General Sally Yates to review how the university prevents and responds to sexual misconduct (Cornell).

The law

Three bills that would change how New York treats intoxication and consent have passed the state Senate and are waiting in the Assembly (S54A). Hochul said, “If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol” (transcript).

What happens next

James remains special prosecutor while Farrell considers the challenge, and no ruling had been reported as of Nov. 14. On Nov. 4, James named Jacqueline Kelly, a former federal prosecutor, as outside counsel to lead the investigation, with a team that reports to the attorney general's office. James said the office is “committed to a thorough investigation guided only by the facts, the evidence, and the law” (Attorney General). Lawyers for the men challenging James say Kelly's appointment doesn't resolve their challenge (FingerLakes1).