ITHACA, N.Y. — A key piece of evidence in the civil lawsuit involving the so-called Cornell 7 allegedly came from an unexpected source: a fraternity member who shared a Snapchat message with the accuser after seeing it in a Chi Phi group chat, according to the woman’s attorney.

The message allegedly referred to the woman in sexually explicit terms while she was incapacitated. Attorney Thomas Giuffra told the New York Post that the message was not discovered by investigators during the original inquiry but was later provided to his client by an anonymous Chi Phi fraternity member.

Seven members of Cornell University's Chi Phi fraternity have been accused in a civil lawsuit of participating in a sexual assault at the fraternity house in Ithaca in October 2024. None of the seven has been criminally charged in connection with the allegations, and the claims in the lawsuit have not been established in court.

The case has drawn renewed attention following the reopening of an investigation by the Tompkins County District Attorney’s Office and the emergence of additional allegations and evidence in the civil litigation.

Attorney criticizes original investigation

Giuffra said the original investigation was inadequate and argued that investigators missed opportunities to interview fraternity members and pursue potential evidence.

“Had members of the fraternity been interviewed, and leads followed up, I believe we would have much more detail about what had occurred,” Giuffra told the Post.

He also questioned how a thorough criminal investigation could have been completed when, according to him, his client spoke only with the Cornell police officer who initially took her complaint and was not interviewed by investigators from the Tompkins County District Attorney’s Office.

The attorney said the newly cited group-chat evidence could have provided investigators with additional information about what occurred at the fraternity house.

The New York Post has reported additional messages from the alleged “Cornell 7” group chat, including one in which members allegedly discussed the woman.

New York Post: Sickening new texts in ‘Cornell 7’ group chat revealed: ‘Shop still open?’

District attorney reopens investigation

Tompkins County District Attorney Matthew Van Houten has said his office is reopening the investigation after the civil lawsuit presented additional allegations and evidence.

Van Houten has disputed portions of the newer account, saying the woman’s original statement to Cornell University Police did not allege that she had been drugged against her will or gang-raped.

The district attorney has also pointed to the woman’s original six-page statement, which he said described her voluntary consumption of drugs and alcohol and included accounts of consensual sexual activity.

The original statement also described the woman as deeply intoxicated at one point and unable to keep track of where she was or what she was doing.

Van Houten subsequently published portions of the statement on the district attorney’s website, saying he wanted to address what he described as misconceptions surrounding the original decision not to bring criminal charges.

The reopened investigation is expected to examine the allegations in the civil lawsuit as well as evidence that was not part of the original investigation.

Cornell disputes claims about disciplinary response

Cornell University has disputed claims that the students faced little disciplinary action following the alleged incident.

In a statement reported by the New York Post, Cornell said it was inaccurate to characterize essays as the sole consequence imposed on the students. The university said its internal disciplinary proceedings resulted in suspensions and expulsions involving some of the students.

Cornell has not publicly identified which individuals were suspended or expelled, citing student privacy requirements.

USA Herald previously examined the dispute over Cornell’s handling of the case, including the university’s response to allegations concerning its disciplinary proceedings.

USA Herald: Cornell 7: University Pushes Back on Claims About Its Response to Alleged Sexual Assault — Jackie Allen

Lawsuit alleges drugging and sexual assault

The civil lawsuit, filed in Manhattan, identifies the accuser as Jane Doe and names Cornell and seven current or former students as defendants.

According to the lawsuit, members of Chi Phi allegedly encouraged the woman to consume a substance identified as ketamine before the alleged sexual assaults. The complaint also alleges that fraternity members discussed the incident in a group chat.

The defendants have not been criminally charged over the allegations.

The case therefore involves several distinct proceedings: the civil lawsuit, Cornell’s internal disciplinary process and the reopened criminal investigation by the Tompkins County District Attorney’s Office.

Dispute over tuition and ability to leave Cornell

Giuffra has also criticized Cornell’s handling of the student’s ability to leave the university after the alleged assault.

According to the attorney, the university declined to refund her tuition so she could attend another school. He said the woman came from a family without the financial resources to simply abandon her tuition and relocate.

Giuffra said his client consequently remained on campus for months while her mother came to help care for her.

“Not a lot of humanity thrown around,” Giuffra told the Post.

Cornell did not respond to the New York Post’s request for comment, according to the newspaper.

New evidence and reopened probe

Giuffra said he supports the decision to reopen the criminal investigation but remains concerned that the passage of time may have made it more difficult to establish what happened.

He also disputed any suggestion that differences between the woman’s initial account and the allegations in the civil lawsuit necessarily undermine her claims. Giuffra said he met with the woman multiple times while preparing the lawsuit and that additional detail resulted from those conversations.

The reopened investigation will determine whether the newer allegations and evidence support criminal charges.

The seven men named in the lawsuit remain accused defendants, not convicted offenders. Any criminal charges would have to be evaluated through the criminal justice process, while the civil allegations will be addressed through the lawsuit.

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New York Post: DA reopens probe into 7 Cornell frat brothers who allegedly drugged, gang-raped student

New York Post: Bombshell new details emerge in alleged Cornell gang rape: ‘Not a lot of humanity’

New York Post: Wells Fargo fires ‘Cornell 7’ frat brother accused of raping, drugging former student after probe is reopened

USA Herald: Cornell 7 — University Pushes Back on Claims About Its Response to Alleged Sexual Assault, by Jackie Allen