Cornell Jane Doe drops case against man she misidentified as fraternity president at time alleged gang-rape took place

Cornell University’s Jane Doe has dropped her case against a man she misidentified as the president of the Chi Phi fraternity at the time she was allegedly gang raped.

Doe, who has accused several Chi Phi brothers of sexual assault in October 2024, initially named Orazio Petito in her civil lawsuit.

Petito, whom she mistakenly identified as the chapter’s president, was not accused of sexual assault. 

He has now been dropped from her complaint, according to a notice of discontinuance filed Tuesday.

Petito’s lawyer, Eric Bernstein, says the case against his client was dismissed because he was not serving as president of the Xi Chapter of Chi Phi at the time of the alleged assault. The identity of the actual president remains unclear.

‘We’re pleased with the dismissal of the case against my client, and justice was served,’ the attorney told Newsday. 

Doe filed a lawsuit last month alleging that Chi Phi brothers Matthew Ingalls, Jonathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris and Scott Kretzschmar sexually assaulted or exploited her on October 19, 2024.

All of those men have denied her allegations, saying either that their interactions were consensual or that they weren’t involved. 

Doe also accused Cornell of having mishandled her complaints.

Doe claimed that the seven men engaged in sexual acts with her while she was ‘completely incapacitated’ and without her consent. She says the ordeal continued until she lost consciousness.

She said the men manipulated her into ingesting ketamine and alcohol, and that other men entered the room while she was incapacitated, the lawsuit said.

She also alleged that Snapchat messages describing her as sexually available to anyone at the house circulated among fraternity members without her knowledge.

Doe, then a 20-year-old sophomore, reported the alleged assault to Cornell police in November 2024, three weeks after she said it occurred.

Campus police investigated and sent a summary of their findings to the district attorney’s office, which relied on the information in deciding not to bring criminal charges. Separately, Cornell conducted a Title IX investigation.

The Chi Phi chapter at Cornell was shut down, and the university has said it expelled some students and suspended others. 

Cornell last week suspended all parties and social events at fraternity houses through the end of the 2026-27 academic year and implemented a new ‘zero tolerance’ policy that would immediately suspend chapters for violations.

Crimes reported on Cornell’s campus are generally investigated by campus police, a department that has full law enforcement powers but is controlled by the university.

The campus police force operates independently from municipal police in Ithaca, New York, where the university is located. 

Its officers investigated the 2024 gang rape allegations and presented their initial findings to the Tompkins County district attorney, who declined to prosecute within weeks of the woman making her first report to police.

New York Governor Kathy Hochul removed the district attorney from the case this month after a public outcry over the lack of charges.

The investigation is now being led by New York Attorney General Letitia James, while Cornell has hired former Deputy US Attorney General Sally Yates to conduct an independent review of the university’s response.

Cornell University President Michael Kotlikoff faced angry members of the school’s faculty at a meeting last Wednesday that underscored deep frustration over his administration’s handling of Doe’s alleged rape.

Kotlikoff acknowledged some missteps, but also defended his leadership as he took questions from the university’s Faculty Senate before it debated a no-confidence resolution in his administration.

The meeting was closed to the public, but in an audio recording obtained by The Associated Press, Kotlikoff asked for more time to implement reforms and push for cultural changes in student social life.

He insisted experienced leadership was necessary to confront problems ‘that are not simplistic, they’re not easy, they can’t be brushed aside with a wave of a hand.’

Replacing a president isn’t the right way to address the situation and would harm Cornell’s reputation, Kotlikoff argued.

Kotlikoff also left open the possibility of sweeping restrictions on Greek life, saying Cornell needed to determine whether fraternities could operate safely.

This is a breaking news story. Check back for updates.