One of Cornell 7 sued by Jane Doe over alleged gang rape says he should be dropped from lawsuit

A former Cornell University fraternity member accused in an alleged gang rape scandal wants out of a lawsuit, arguing that the claims against him amount to nothing more than a forced kiss.

Diego Sarabia, one of seven men named in a civil lawsuit brought by a former student identified as Jane Doe, filed a motion Friday seeking to have all claims against him dismissed.

His attorneys argue that Doe unfairly lumped him with six other defendants accused of sexually assaulting her during a drug and alcohol-fueled night at Cornell’s Chi Phi fraternity house in October 2024.

Sarabia, who denies the allegations, maintains that the conduct attributed to him does not support the accusations of rape and sexual assault in the nearly 600-paragraph complaint.

His lawyer, James C Knox, stresses that the claims against Sarabia are legally insufficient, were brought too late or both.

‘This is essentially a lawsuit about a forced kiss,’ Knox wrote in the motion, according to NBC.

Doe alleges Sarabia grabbed her face, kissed her and participated with other fraternity members in snorting ketamine off her body inside the fraternity house’s alumni room between Oct. 19 and 20, 2024.

But Knox says the complaint does not show that his client took part in the alleged sexual encounters that are at the center of the more serious accusations against the other men. 

His legal team also argues the complaint does not allege Sarabia supplied Doe with drugs or alcohol and maintains he was not present for much of the misconduct described in the lawsuit.

‘Throughout a sprawling complaint approaching 600 paragraphs, plaintiff repeatedly, collectively and without differentiation accuses seven student defendants of ‘sexual assault and rape,’ Knox wrote.

‘Those legally conclusory statements do not substitute for pleaded facts.’

The motion, filed in New York state court, challenges the legal basis for keeping Sarabia in a case that has sparked outrage at the Ivy League institution and renewed scrutiny of its handling of sexual misconduct allegations.

Knox contends Doe’s claims of assault, battery and intentional infliction of emotional distress are subject to a one-year statute of limitations that expired before she filed her lawsuit on Sept. 16.

The incident occurred nearly two years earlier, and Sarabia’s lawyers argue that the accusations against him do not meet the legal requirements for the extended filing deadlines Doe cited for certain sexual offenses.

Sarabia, a former member of Chi Phi, had already graduated from Cornell and could not be subjected to Title IX disciplinary sanctions.

Instead, the court issued a persona non grata order barring him from Cornell’s campus for three years.

 His attorneys are now fighting on another front, seeking to restrict Doe’s lawyer, Thomas Giuffra, from speaking publicly about the case.

According to court filings reviewed by the Daily Mail, Sarabia has asked a judge to limit Giuffra’s media appearances and commentary concerning the lawsuit.

His legal team accused Doe and her attorney of an ‘orchestrated campaign’ involving reporters, which they claim was planned before the lawsuit was filed.

The legal maneuvering comes amid a widening controversy over what happened inside the fraternity house and how Cornell and local authorities responded to Doe’s allegations.

The former student’s lawsuit, filed Sept. 16, accused seven men of participating in an alleged gang rape during the October 2024 encounter.

The controversy has also placed Cornell’s administration under renewed pressure from students, alumni and members of the university community who believe the institution has failed to adequately protect women from sexual assault.

Past and current students have raised concerns about the university’s response to reports of sexual misconduct, with Doe’s lawsuit intensifying demands for greater accountability.

But supporters of the accused men said that Jane Doe has contradicted herself while sharing her allegations and that the seven she sued are entitled to due process.  

Cornell’s Board of Trustees subsequently hired former Deputy Attorney General Sally Yates to lead an independent review of how the university prevents and responds to sexual harassment, sexual assault and related misconduct on campus.

The seven men named as defendants in the civil lawsuit regarding the October 2024 incident at Cornell University’s Chi Phi fraternity house, along with Diego Sarabia, are Matthew Ingalls, Jonathan Newell, Winston Lee, Gillio Lopes, Scott Norris, and Scott Kretzschma. 

Meanwhile, Sarabia’s bid to have the claims against him dismissed remains before a judge.

The Daily Mail has requested comment from the attorneys for Jane Doe and Diego Sarabia.