Tompkins County District Attorney Matthew Van Houten’s decision follows a civil lawsuit filed this month by a former Cornell student, identified as Jane Doe, who alleges that she was drugged and sexually assaulted by multiple members of the Chi Phi fraternity in October 2024. The lawsuit names Cornell University, the fraternity and seven students.

“Reopening this investigation is the right decision,” said Judi Polson, Board Chair of the NOW-NYC. “DA Van Houten failed to do standard due diligence and follow up to speak directly with the alleged victim, or to question the alleged perpetrators in 2024. Instead, he and his staff relied solely on a campus police interview in deciding to look no further into the case. It was a failure of the Tompkins County DA office and a breach of trust with the public.”

Cornell campus police interviewed Doe and provided the Tompkins County District Attorney’s Office with a six-page statement signed by Doe. The DA’s office reviewed the statement and has said it was determined there was insufficient evidence to support criminal charges. The District Attorney has now said that the allegations and additional information contained in the civil lawsuit warrant reopening the investigation.

“We welcome the opportunity for the facts to be fully examined and to ensure that the systems intended to protect students and deliver justice are working as they should,” said Sonia Ossorio, NOW-NYC President Emeritus.

Far too often in New York sexual assault cases in which the victim is voluntarily intoxicated, the very high burden of proving physical helplessness cannot be met, as District Attorneys and advocates argue. Currently there is legislation S54 / A101 to close this loophole that undermines justice by not holding perpetrators accountable. The Voluntary Intoxication Exclusion Act has passed in the New York Senate. There is overwhelming support in the Assembly. Speaker Carl Heastie must bring it to the floor this coming session to ensure survivors have legal recourse.

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