PETITION TO THE TOMPKINS COUNTY DISTRICT ATTORNEY
REQUESTING FURTHER INVESTIGATION OF ALLEGED SEXUAL ASSAULT

To: Matthew Van Houten, Tompkins County District Attorney
Tompkins County District Attorney’s Office
320 N. Tioga Street
Ithaca, NY 14850

Re: Request for further investigation and consideration of criminal charges concerning alleged sexual assault at Cornell University’s Chi Phi fraternity house

Dear District Attorney Van Houten:

We, the undersigned, respectfully petition your office to undertake a further review of the criminal investigation concerning allegations that a Cornell University student was sexually assaulted by multiple men at the Chi Phi fraternity house in Ithaca, New York, in October 2024.

We recognize that allegations are not proof of criminal conduct and that every person accused of a crime is entitled to due process and the presumption of innocence. Our request is therefore not that your office prejudge the accused or automatically bring charges. Rather, we ask that the evidence be independently and thoroughly reevaluated and that appropriate additional investigative steps be taken if the evidence warrants them.

According to a civil complaint filed in New York Supreme Court, the plaintiff, identified publicly as Jane Doe, alleges that she was 20 years old when, on or about October 19, 2024, she became heavily intoxicated and was taken to the Chi Phi fraternity house, where she alleges that she was given drugs and alcohol and sexually assaulted by multiple men over a period of several hours. The complaint identifies seven men as defendants and describes, among other evidence, communications within a fraternity group chat concerning the events.

The civil complaint also alleges circumstances surrounding the fraternity, the events preceding the alleged assault, and information that may potentially be relevant to determining what occurred. The filing reportedly exceeds 100 pages and contains documentary and other allegations that may merit consideration alongside the evidence previously collected by law enforcement.

We understand that law enforcement previously investigated the allegations and that the investigation did not result in criminal charges against the seven men. We further understand that the District Attorney’s Office reviewed the police investigation and determined that the available evidence was insufficient to support criminal charges.

In light of the subsequent filing of the civil complaint and the additional information and evidence described therein, we respectfully request that your office consider whether the matter should be reopened or subjected to a supplemental investigation.

Specifically, we ask that law enforcement and prosecutors consider, as appropriate:

Reviewing the complete civil complaint and its supporting materials for information, witnesses, communications, documents, or other evidence that may not have been available during the original investigation.
Reexamining digital evidence, including relevant text messages, group-chat communications, photographs, videos, social-media material, electronic records, and other communications identified in the civil litigation.
Identifying and interviewing any additional witnesses identified through the civil complaint or subsequent proceedings, including individuals who may have been present at the fraternity house or interacted with the plaintiff or the accused men before, during, or after the alleged incident.

Reevaluating previously collected evidence in light of information that has subsequently become available, including whether additional forensic, digital, documentary, or testimonial evidence can now be obtained.
Reviewing relevant fraternity, university, and other institutional records, to the extent legally obtainable, concerning the events, the individuals involved, prior reports or complaints, and the university’s subsequent investigation.

Determining whether any additional investigative measures are legally and factually warranted, including obtaining evidence through appropriate subpoenas, warrants, interviews, or other lawful means.
Considering whether the totality of the available evidence now satisfies the applicable legal requirements for criminal charges and, if so, prosecuting any offenses supported by the evidence.

We make this request with respect for the seriousness of the allegations and the rights of everyone involved. The absence of criminal charges to date should not itself be treated as proof that the allegations occurred, but neither should the initial investigative determination necessarily foreclose consideration of genuinely new evidence or information.

The public has a legitimate interest in ensuring that serious allegations of sexual violence are investigated thoroughly, impartially, and according to law. Most importantly, any person who reports having experienced sexual violence deserves to know that potentially relevant evidence has been carefully considered and that investigative decisions are based upon a complete record.

We therefore respectfully ask the Tompkins County District Attorney’s Office to review the allegations and evidence described in the civil action, consult with the appropriate law-enforcement agencies, determine whether further investigation is warranted, and take whatever prosecutorial action the evidence and applicable New York law support.

We further ask that your office acknowledge receipt of this petition and, to the extent permitted by law, advise whether the materials identified above will be reviewed for purposes of determining whether supplemental investigation is appropriate.

Thank you for your attention to this matter and for your responsibility to pursue justice fairly, impartially, and in accordance with the law.