New Cornell fraternity group chat messages have surfaced as the criminal case is reopened

New group chat messages from the night a former Cornell University student alleges she was sexually assaulted by fraternity members have emerged as prosecutors reopen the criminal investigation into the case.

*This article contains details that may be upsetting.*

The messages, obtained by CBS New York, are from a Snapchat group chat involving members of Cornell’s Chi Phi fraternity. They have surfaced alongside a civil lawsuit filed by the woman, who is referred to as Jane Doe in court documents.

Via Canva

The lawsuit alleges that on 19th October 2024, seven men from Cornell’s Chi Phi fraternity chapter sexually assaulted Jane Doe at the fraternity house in Ithaca. She alleges that alcohol and ketamine were involved and that she was intoxicated and unable to consent.

Jane Doe says she reported the alleged incident to Cornell University Police on 8th November 2024.

The Tompkins County district attorney has now said his office is reopening the criminal investigation. DA Matthew Van Houten said the account given in Jane Doe’s original statement to police differs significantly from the allegations made in the civil lawsuit.

The case is expected to be presented to a grand jury as prosecutors reassess the allegations and any additional evidence that has since emerged.

What the newly surfaced messages say

The lawsuit includes an image that is purported to show part of a Snapchat group chat between members of the fraternity.

CBS New York has since obtained additional video of the conversation from the night in question.

At around 1:42 a.m., one message in the group allegedly referred to a woman upstairs and suggested she was available for sex, according to the lawsuit.

Later in the conversation, one fraternity member allegedly asked: “Shop still open?”

Another person replied: “Yea.”

The lawsuit also includes messages which allegedly read: “the alumni sl*t is not a bit. First person pov not a bit”.

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Another participant then allegedly responded: “like can you walk in and whip it out”.

The messages are now part of the wider body of evidence being examined as the criminal investigation is reopened. CBS New York reported that the district attorney’s office had not previously been provided with the Snapchat image included in the lawsuit.

Via Canva

Why the investigation has been reopened

No criminal charges were brought against the seven people named in the lawsuit in 2024.

Van Houten has said his office’s decision at the time was based on the account provided to police, which he said did not allege that Jane Doe had been drugged without her knowledge or that she had been unable to consent.

Jane Doe’s attorney, Thomas Giuffra, has disputed the district attorney’s characterisation of her original statement and argued that authorities should have followed up with her about what happened.

The DA has now said prosecutors will re-examine the case, including Jane Doe’s account and evidence contained in the civil lawsuit, before determining whether criminal charges should be brought.

The investigation is separate from Cornell University’s own disciplinary proceedings.

Cornell said it supported the decision to take the case back before a grand jury and pushed back against suggestions that the university did not take disciplinary action against students involved.

“Any suggestion that the university did not impose consequential punishments for those involved is false,” Cornell said.

The university has previously said its Title IX investigation resulted in a range of sanctions, including expulsions and suspensions, while the Chi Phi chapter was closed and barred from campus.

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Featured image via Canva