Former Cornell University student sues school, 7 frat members over rape allegations

Cornell University and seven fraternity members are facing a lawsuit over rape allegations.

A former student alleges in October of 2024, she was drugged and raped at a frat house, and her attorney claims after an investigation, only two of the accused were expelled and no one was arrested.

Now, the former student is suing the school and the frat members, claiming they failed to protect her and prevent the alleged assault.

According to the suit, the student, identified only as Jane Doe, was 20 years old and attending her dream school in Ithaca at the time.

She says she went to visit a friend at Cornell's Chi Phi frat house while she was intoxicated, and alleges two frat brothers pressured her into snorting what they said was ketamine before they sexually assaulted her.

A man allegedly then sent a message to the frat's Snapchat group chat suggesting a woman was available for sex. According to the complaint, Doe says more men showed up and she was raped for hours.

The complaint says Doe filed a report with the university's police department about three weeks later.

Cornell conducted an internal investigation, which involved at least 12 hearings. Doe's attorney, Thomas Giuffra, claims of the seven frat members accused, only two were expelled, while others received lesser sanctions, including suspensions, workshops or essays.

"Not one of these guys was arrested. Not one. That I can tell you for a fact," Giuffra said.

Doe dropped out of school after the alleged assault. 

"There were so many people that could have prevented it and they didn't," Giuffra said. "I've never seen anything like it."

The Tompkins County District Attorney said his office "conducted a thorough review of the police investigation," but "there was insufficient evidence to support criminal charges."

Cornell released a statement saying in part, "The Cornell Office of Civil Rights and the Office of Student Conduct and Community Standards investigated and adjudicated the allegations consistent with university policies. The Xi chapter of Chi Phi fraternity remains barred from our campus. Federal privacy law prohibits Cornell from disclosing specific information regarding individual students and we therefore are unable to make a public statement on any other disciplinary response. Violations of university policies could lead to sanctions up to and including suspension or expulsion. We will respond in detail through the legal process."

The university says after this investigation, it launched a task force on sexual assaults, and they've already made changes. Cornell has a website where students can report bias, discrimination or harassment incidents, including sexual misconduct.

Doe's lawsuit accuses Cornell and the other defendants of breach of contract, negligence and violations of state law. Doe is seeking monetary damages, including compensatory and punitive damages, in the suit. The lawsuit does not specify how much she is seeking.

"She's not in college anymore because of this," Giuffra said. "She's barely hanging on for what these guys did to her."

The Chi Phi national headquarters sent CBS News New York the following statement:

"The sexual assault allegations involving parties at Cornell University are deeply concerning. Anyone who reports sexual violence deserves to be heard and treated with compassion, dignity, and respect.

"Chi Phi unequivocally condemns sexual violence. Our founding principles of Truth, Honor, and Personal Integrity, and our mission of Building Better Men, call on every brother to demonstrate character through his actions and respect for the dignity and safety of others. Sexual violence is fundamentally incompatible with those expectations.

"We are aware of the lawsuit concerning an alleged incident in 2024. While we cannot discuss the specific allegations during pending litigation, we take this matter seriously. Our responsibility is to approach this with care for those affected and respect for a fair legal process."

Trae Banuelos-Rovaris, with The Alliance Against Sexual Violence, says help is available across the state for college students who experience sexual assault and domestic violence.

"Gender-based violence is, you know, a global issue, and campuses are not immune," she said. "We have about 54 rape crisis centers that take funding just to work with college students alone."

Students can find their local hotline phone number and provider at opdv.ny.gov/enough-enough.