An attorney for one of the seven Chi Phi fraternity members named in a lawsuit surrounding gang rape allegations at the Cornell fraternity said his client welcomes a new investigation into the case.
In the latest developments, a woman filed a lawsuit saying she was sexually assaulted by seven students after being plied with alcohol and drugs at age 20 at the Chi Phi fraternity house on Cornell’s campus in October 2024. The lawsuit prompted a New York prosecutor to reopen the investigation into what happened.
The national chapter of Chi Phi has not responded to requests for comment, but the new developments have sparked a flood of responses across social media. Many people criticized the school and the district attorney’s office in their posts, while some have expressed doubt about the lawsuit’s allegations. Some posted photos of the seven fraternity members.
In her lawsuit, the woman, identified only by a pseudonym, names seven Chi Phi fraternity members, including Scott Kretzschmar. Her suit says the assault occurred after she was pressured into snorting ketamine, smoking marijuana and drinking alcohol, to the point where she was incapable of consenting to sex.
The woman’s complaint includes a photo that it says shows a group chat between frat members discussing the night’s events, including one message where one member encouraged others to participate in the alleged attack.
An attorney for Kretzschmar strongly denied the accusations in a statement to NBC News and said his client welcomed the new investigation.
“The lawsuit against Scott Kretzachmar is not only intentionally dishonest but morally repugnant,” attorney Jeremy Saland said in a statement. “While Scott responded to and made an immature comment on Snapchat, he did nothing else. Nothing.”
New York Gov. Kathy Hochul on Tuesday called for an investigation into Cornell University’s response.
The woman reported the incident to Cornell’s campus police department, but the local district attorney’s office opted not to prosecute anyone at the time. It reopened the criminal investigation Monday as public outrage built over the woman’s allegations.
The attorney representing the woman behind the allegations said officers failed to follow up on key pieces of evidence, including the group chat included in the complaint.
“That available evidence was there. They could have utilized it,” he told NBC News. “What they should have done is investigated who was on that group chat and interviewed witnesses and developed evidence. That’s what investigators do, and that was not done at all.”
Hochul, a Democrat, said she supported Tompkins County District Attorney Matthew Van Houten’s decision to reopen his investigation, but said bigger questions remain about Cornell’s reporting, response, and prevention systems, as well as its campus culture. The governor called for an outside law firm to be hired to independently investigate the university’s response.
“The allegations in this case are nothing short of horrifying,” Hochul said in a statement. “For any student to come forward after an experience like this takes extraordinary courage. No student should ever be left wondering whether the institutions meant to protect them will listen and act.”
An email seeking comment was sent to Cornell on Tuesday.
The university on Monday pushed back on the suggestion that those involved in the incident faced few consequences at the time, saying in a statement that the university’s Title IX proceedings resulted in a range of sanctions, including expulsions and suspensions.
It also said the on-campus Chi Phi chapter was closed in 2024 and remains barred from campus.
Prosecutor defends decision not to bring charges
In several media interviews on Tuesday, Van Houten argued that while the male students involved did things that were “morally wrong,” the woman’s initial account of the incident to police didn’t include allegations that she was drugged, incapacitated beyond the ability to consent, or forced into sex.
“She went to the police because she knew it wasn’t right,” Van Houten told CNN.
Van Houten has not released the victim’s sworn statement to police, but instead released a summary with some of her direct quotes included. He also defended his office’s decision not to do additional investigation after the woman, who was identified in court filings by the pseudonym Jane Doe, initially spoke to police.
“There were no question marks. There was no additional need to find information because we had all of the information that the police collected from Jane Doe through her very detailed, very comprehensive statement that she provided,” Van Houten said.
Van Houten’s office did not talk directly to the victim, but the district attorney had told the police that he would sit down with her to explain the law.
Cornell supports reopening investigation
Shortly after the woman first made her allegations in 2024, Cornell publicly disclosed that it was investigating “serious and deeply disturbing allegations of drug abuse and sexual violence at the Chi Phi fraternity house.” It also announced that the fraternity and several students had been suspended, and that parallel police and school investigations were underway.
On Monday, the university said in a statement that it supported the decision to reopen the criminal investigation, adding that its own investigation had led to some students being disciplined or expelled. The Chi Phi chapter remains barred from campus. Cornell has declined to release more information on discipline for individual students, citing privacy rules.
The woman’s complaint accuses the university of not preventing the alleged assaults and of failing to properly address sexual violence on campus. It includes a photo that it says shows a group chat between frat members discussing the night’s events.
Van Houten called the photo a “red herring,” saying that it had no bearing on the legal analysis of the case.
“We received it, but it was not relevant to the assessment of whether Jane Doe consented or whether there was any evidence of lack of consent on her part as defined by the penal law,” he said.
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