A significant police interview related to the alleged rape case at Cornell University, which local prosecutors claim they never fully received before deciding not to pursue charges initially, is set to undergo further examination. This comes as former Deputy Attorney General Sally Yates has been appointed by Cornell’s trustees to conduct a comprehensive review of the handling of these allegations.
Yates, who held a post in the Obama administration, is examining allegations from October 2024 that involve members of the Chi Phi fraternity. This independent review became necessary following the university’s own investigation, which led to the expulsion and suspension of some students.
A woman, referred to in court documents as Jane Doe, reportedly told Cornell University Police during a November 2024 interview that she was “100% confident” she was raped. She described subsequent sexual activity as coerced, stating that she was “completely and totally incapacitated,” according to a transcript acquired by CBS News.
However, Tompkins County District Attorney Matthew Van Houten noted that his office had only seen a six-page sworn statement, which suggested that Doe had participated voluntarily in sexual activities and drug use. Van Houten expressed that the full interview changes his perspective significantly, indicating that it could impact the overall assessment of the case.
Scott Iseman, an attorney from New York who has worked with students accused of sexual misconduct, mentioned that Yates would likely review the complete police interview alongside Doe’s sworn statement and other evidence gathered during Cornell’s investigation. He remarked that such full interviews often contain crucial information about what occurred.
Iseman mentioned that there may be valuable insights that could have altered the case’s direction, emphasizing the need for law enforcement to gather all pertinent facts in sworn statements. Cornell asserted that its police department had provided prosecutors with Doe’s sworn testimony and a related Snapchat screenshot as standard procedure for evidence sharing following a possible crime.
While Yates will have access to relevant records and personnel during her investigation, Iseman cautioned that he hadn’t reviewed the complete interview, which has not been released to the public. It’s also unclear why Van Houten’s office did not initially receive the full interview.
Yates’s inquiries could also explore whether witnesses were overlooked or if there were relevant text messages and social media evidence missed during Cornell’s initial investigation.
Despite the serious nature of the allegations and the attention they have drawn, Iseman advised against jumping to conclusions about Cornell’s handling of the situation, suggesting that it might have been managed appropriately.
Cornell has defended its investigation, which involved over 50 interviews and 12 days of disciplinary hearings, asserting that those accused were provided opportunities to review evidence and challenge findings through an appeals process. Out of seven students accused, two were expelled, two faced suspensions, one had graduated before any disciplinary action could be taken, and two were found not responsible.
The scrutiny over the case heightened after Doe filed a lawsuit on September 16, outlining claims that seven members of the Chi Phi fraternity drugged and assaulted her during a night filled with drugs, alcohol, and group sex. This lawsuit led to protests on campus, and New York Attorney General Letitia James’s office has opened a separate criminal investigation.
The accused men have denied wrongdoing. Some maintain that any sexual activity was consensual, while others assert they did not participate at all. No criminal charges have been laid against them as of yet.
Yates’s examination will not only focus on the Chi Phi case but will also look into how Cornell addresses allegations of sexual misconduct across its campus, including oversight of fraternities and sororities. Her team will assess the university’s policies against applicable federal and state laws and investigate whether Cornell followed its own protocols in responding to the allegations.
Any new evidence uncovered in Yates’s investigation may be forwarded to the Attorney General’s office, although it’s important to note that she does not have the authority to file charges herself.
Yates has a notable history of handling misconduct allegations, as seen in her 2022 investigation into professional women’s soccer, revealing extensive issues of harassment and abuse within the sport.
This case underscores broader concerns about the legal protections available to students accused of sexual misconduct, as there is often a lack of rights in campus disciplinary proceedings compared to criminal court processes. Attorneys have highlighted the challenges faced when navigating overlapping university and criminal investigations, sometimes placing students in difficult positions regarding their rights.
As the allegations continue to be scrutinized, Iseman reiterated the need to maintain an open perspective about what transpired, urging that sensationalized claims do not always reflect reality.
