Tompkins County DA Reopens Probe After Civil Suit Alleges Gang Rape at Cornell

Tompkins County prosecutors have announced they are reopening a criminal inquiry into an alleged 2024 “gang rape” at Cornell University after a civil lawsuit filed earlier this month renewed public scrutiny of the incident.

What the District Attorney Says

District Attorney Matthew Van Houten said his office is reviewing whether criminal charges should be pursued, noting that the allegations in the new civil complaint differ markedly from the statement the woman originally gave to police in 2024. "It’s our intention to present the case to the Tompkins County grand jury with Jane Doe's cooperation," Van Houten told ABC News. "We want to reexamine whether there’s additional evidence that we were not aware of in November of 2024, that exists now that would change our assessment of the case and would result in the grand jury finding that there was criminal conduct."

Allegations and Evidence

The civil suit, filed by a former Cornell student, alleges she was drugged, assaulted and gang raped by seven members of the Chi Phi fraternity. Van Houten said no criminal charges were filed in 2024 because, based on the original statement, investigators concluded the complainant did not allege being drugged or non-consensual activity and did not describe being incapacitated.

"She never says that she was drugged without her knowledge. She admits to taking drugs and alcohol voluntarily and with knowledge. She does not allege that she was forced to engage in any acts. She does not say that she was physically helpless or unconscious or incapacitated at any point during the time at the fraternity house," Van Houten said.

The plaintiff's attorney, Thomas P. Giuffra, disputes that characterization and says authorities did not follow up with his client. Giuffra also maintains that a group chat cited in the complaint — which he describes as an invitation and admission of wrongdoing by fraternity members — was provided to police in 2024 and was not properly acted upon. "This was a critical piece of evidence supporting that a crime had occurred," he said.

Investigative Roles and Campus Response

Van Houten acknowledged his office relied on the investigation conducted by Cornell University Police and did not conduct an independent probe at the time — a practice he described as common across many upstate New York counties. Cornell says its Office of Civil Rights and its Office of Student Conduct and Community Standards "investigated and adjudicated the allegations consistent with university policies," and that the Xi chapter of Chi Phi remains barred from campus. The university also cited federal privacy rules that limit the disclosure of individual student disciplinary actions.

Defendants' Responses

Named defendants have denied the allegations. Jeremy Saland, attorney for Scott Kretzschmar, called the complaint "selfishly false claims," saying his client "never sexually assaulted or even touched the plaintiff in any way." Another defendant, Scott Norris, denied participating in sexual activity or drug use but acknowledged sending a message that appears in the complaint, saying he briefly stopped in a room where misconduct was alleged to have occurred "but not when it happened."

ABC News has reached out to the named defendants, Cornell University and other parties for comment. The DA’s office said it will determine whether new or previously unreviewed evidence warrants presenting the matter to a grand jury.

Note: This story involves allegations of sexual assault. All parties are presumed innocent unless proven guilty in a court of law.