In a follow-up statement, Cornell reiterated that "temporary suspensions and other restrictive measures" were implemented immediately upon receiving the report in 2024. The university described the events of 2024 as "appalling then and remain so now," adding, "We are doing all we can to foster a culture where sexual misconduct is never tolerated."
As a permanent consequence of the investigation, the Xi Chapter of the Chi Phi fraternity was officially closed in 2024 and remains permanently barred from operating on the Cornell campus.
Why is the case being reopened?
The decision to reopen the criminal investigation marks a dramatic shift in the legal trajectory of the case. Tompkins County District Attorney Matthew Van Houten announced that his office would conduct a thorough review of the case file to determine the appropriate criminal charges, which will then be presented to a grand jury.
Under the United States legal system, a grand jury is convened by prosecutors to examine evidence, hear witness testimony, and decide whether there is probable cause to bring formal criminal charges against individuals. Van Houten emphasized that the prosecution would proceed in "the most objective and impartial means possible."
Explaining why his office did not pursue criminal charges when the assault was first reported two years ago, Van Houten stated that the evidence available at the time, specifically the initial statements provided by the victim, did not meet the high legal standard required to secure a conviction.
To prepare for the grand jury presentation, the District Attorney’s office has reached out to Jane Doe and her legal representatives to request additional information and clarify discrepancies between her initial police statements and the allegations detailed in the recent civil lawsuit.
In a public statement detailing the decision, Van Houten highlighted what he described as significant differences between Doe’s original account to campus police and the claims in her 101-page civil complaint. "Jane Doe’s sworn statement in November of 2024 did not allege that she was drugged against her will or gang raped," Van Houten said. "On the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual."
However, this characterization of Doe’s initial reporting has been challenged by newly revealed details. CBS News New York reported that it obtained a full transcript of the audio-recorded interviews conducted by the Cornell University Police Department, which began on November 14, 2024—more than three weeks after the incident.
According to the transcript, Doe did initially tell investigators, regarding the very beginning of the encounter, "I was pretty OK with all of this." However, as she described the subsequent events and the involvement of the other men, her account shifted dramatically. The transcript reveals that she told police, "I can say with 100% confidence I was raped."
When questioned about this discrepancy, District Attorney Van Houten admitted to CBS News that he had never actually seen or reviewed the full, unredacted transcripts of those campus police interviews during the initial 2024 evaluation of the case.
