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. 

“DA Van Houten failed at basic due diligence,” said Sonia Ossorio, Executive Director, Women’s Justice NOW. “He relied solely on one 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 the public’s trust.”

Cornell campus police interviewed Doe and provided the Tompkins County District Attorney’s Office with a six-page statement signed by her. The DA has said it was determined there was insufficient evidence to support criminal charges based on the initial statement. 

“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,” Ossorio said. 

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. 

Women’s Justice NOW is a national organization working to improve the lives of women and girls through education, advocacy and action. 

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