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New York Attorney General Letitia James is taking over the criminal investigation into a former Cornell University student’s allegation that she was drugged and sexually assaulted by members of a fraternity in 2024. Gov. Kathy Hochul appointed James as special prosecutor on Thursday, October 1, after renewed scrutiny of the local investigation and a civil lawsuit filed by the woman last month.
The case, involving a student identified in court papers as Jane Doe, was initially closed without criminal charges. Tompkins County District Attorney Matthew Van Houten reopened it on September 28, but Hochul said she had lost confidence in his office’s handling of the matter. James said her office would review the evidence, interview witnesses and pursue charges if warranted; she did not provide a timetable and said an investigation of this kind could take months.
Allegations stem from an October 2024 fraternity gathering
Doe’s lawsuit alleges that she went to the Chi Phi fraternity house in Ithaca on October 19, 2024, after drinking earlier in the evening. She says members gave or encouraged her to take alcohol, marijuana and ketamine, and that she became too impaired to consent before several men sexually assaulted her. The allegations have not been established in court, and the defendants have denied wrongdoing or disputed parts of her account.
Records from Cornell’s internal disciplinary inquiry and reporting by CBS News and The Associated Press describe a night that began with sexual activity Doe said she initially accepted, followed by events she says became coercive as more people entered the room. Investigators’ materials also include a screenshot of a fraternity group Snapchat message sent at 1:42 a.m. that crudely described a woman as available for sex. The message is part of the evidence under scrutiny, but by itself does not determine whether a crime occurred.
Doe went to Cornell University Police on November 8, several weeks after the incident. A transcript of her interview, obtained by CBS News, records her telling investigators she was certain she had been raped and describing drug use, memory gaps and later sexual activity she said she did not consent to. She also described the initial encounter differently, saying she was “pretty OK” with it despite being very drunk.
Dispute over what prosecutors received
A central question is what information the local prosecutor had when he decided not to bring charges in 2024. Van Houten has said the sworn statement delivered to his office described Doe’s drug use and sexual activity as voluntary, conscious and consensual, and did not allege that she had been drugged against her will or gang-raped. He has said his office did not receive the full interview transcript at the time.
Cornell has said its police department shared Doe’s sworn statement and the Snapchat screenshot with the district attorney, following its protocol when it believes a crime may have occurred. The university has also said it conducted a comprehensive inquiry. The differing accounts about which materials were transmitted—and what the prosecutor reviewed—have become a major focus of criticism and the renewed investigation.
Hochul criticized both the campus police investigation and the district attorney’s earlier decision, saying authorities should have interviewed Doe and other people involved and examined the full interview record. Van Houten said he supports James’ appointment and that his office had not been provided the full picture by the university. Doe’s lawyer, Thomas Giuffra, has argued that the authorities should have spoken directly with his client before closing the case.
Cornell’s separate disciplinary process
The criminal investigation is distinct from Cornell’s Title IX process, which addressed university discipline rather than criminal guilt. AP reported that the school’s inquiry included 50 interviews with 32 witnesses and 12 days of hearings. Cornell has said it imposed significant discipline, including expulsions and other sanctions, and that the Chi Phi chapter remains closed.
The lawsuit challenges the university’s response, alleging that it did not adequately punish those involved and that some students were offered ways to reduce penalties. Cornell has rejected what it calls a false account of minimal consequences, saying that characterization could undermine survivors’ sense of safety. The national Chi Phi fraternity has said members understood to have been involved were expelled by the chapter and the national organization.
The seven former fraternity members named in the suit have denied wrongdoing, according to records and reporting cited by Reuters. Some said sexual activity was consensual; others said they did not participate. The civil claims against the students, Cornell and other defendants remain separate from any decision James may make about criminal charges.
Legal questions and next steps
The case has also renewed debate over New York’s sexual-assault law. Under the state’s current framework, prosecution can be more difficult when someone voluntarily consumed drugs or alcohol and was impaired, unless the legal conditions for physical helplessness or non-consensual drugging are met. Hochul has backed proposals to change the law, arguing that voluntary intoxication should not be treated as permission to engage in sex.
For now, James’ office must assess the evidence and determine whether it supports charges under state law. The special prosecutor has not announced a schedule for interviews, a grand-jury presentation or any charging decision. The renewed investigation will also need to address the gap between Doe’s interview transcript and the shorter statement the district attorney says his office received in 2024.
