Cornell Hires Sally Yates to Review Rape Case Response as Students Stage Sit-In and Spending Blackout

Since Gov. Kathy Hochul appointed Attorney General Letitia James as special prosecutor in the Cornell fraternity case, pressure on the university has moved from the courtroom to the campus itself.

The case rests on a civil lawsuit filed September 16 by a former student identified only as Jane Doe. She alleges seven Chi Phi members drugged and raped her at the fraternity house on October 19-20, 2024. The men have denied wrongdoing; some say the sexual activity was consensual and others deny participating in it. No criminal charges have been filed.

Cornell brings in Sally Yates

On Tuesday, a special committee of Cornell's trustees announced that former U.S. Deputy Attorney General Sally Yates will lead an independent review. It covers Cornell's sexual assault policies in general and includes a "detailed review of the University's response to the allegations involving Jane Doe and members of the Chi Phi fraternity," including whether the school followed its own policies and procedures.

The scope is broad. Cornell's statement lists how reports are received and investigated, how hearings, disciplinary decisions and appeals are handled, the role of campus police, coordination with other law enforcement agencies and prosecutors, fraternity oversight, and the Board of Trustees' own oversight.

"Sally Yates brings extraordinary experience, independence and judgment to this work," said Anne Meinig Smalling, who chairs the committee.

The review is separate from the criminal inquiry. Hochul appointed James as special prosecutor to investigate and, if warranted, prosecute. James announced that her office is conducting an "active criminal investigation." An attorney for one of the accused men has called on James to step aside over her prior comments about the case.

Campus pressure builds

Students held a seven-hour sit-in and began what organizers call an "economic blackout," a halt to spending on campus, including with university operations. It followed a rally earlier in the week that drew thousands of students, faculty and community members.

"Jane Doe deserved an administration that delivered a fair and proper judicial process," protester Saya Taylor said. "Instead, she was silenced."

Some protesters are demanding that President Michael Kotlikoff resign or be fired, and that fraternities be banned. The faculty senate has indicated it plans to vote on a resolution of no confidence in the school's administrators.

Kotlikoff, 75, became interim president in July 2024 and was made permanent last year. His tenure has included a dining and custodial strike, a $60 million payment to end Trump administration civil rights investigations, and an accusation, which he has denied, that he tried to back his car into demonstrators.

In an eight-minute video on October 3, he called the allegations "deeply disturbing" and pledged "institutional reforms." He also acknowledged the school had not disclosed how many students were disciplined, and promised more transparency within legal and privacy limits. "We don't have all the answers," he said.

One item is reported by only one outlet. Crypto Briefing says Ithaca officials have put a moratorium on permits for certain student parties tied to Cornell.

What the 2024 record shows

Doe reported the alleged assault to Cornell police on November 8, 2024, about three weeks later. Campus police investigated and sent a summary of their findings to the district attorney's office, which relied on it in deciding not to bring charges. Cornell separately ran a Title IX process. It shut down the Chi Phi chapter, expelled some students and suspended others.

District Attorney Matthew Van Houten has defended the original decision. On September 28 he said Doe, in her initial statement, "did not allege that she was drugged against her will or gang raped." He said she has since reconsidered her decision not to prosecute and that justice "sometimes requires us to reconsider or reopen cases when we are provided with additional evidence." Cornell has also defended its handling of the 2024 case.

Hochul has taken the opposite view of the police role. She has faulted the campus police department for not fully conveying Doe's account to prosecutors. That dispute is at the center of the case: whether the 2024 summary left out what Doe says she told investigators, or whether she did not say it then.

The wider argument

The case has become a test of how campuses handle these complaints generally. Deborah Tuerkheimer, a Northwestern law professor and former prosecutor, notes that New York data show most campus sexual assault cases never reach law enforcement or lead to serious discipline. Nancy Chi Cantalupo of Wayne State University, who has represented victims on campuses, says the processes are "hard to navigate if you aren't in trauma" and "virtually impossible" if you are.

Doe is seeking undisclosed damages from the seven men, the fraternity, the university, an Ithaca bar and others.

Three things to watch next: whether the faculty senate holds its no-confidence vote, what James's investigation turns up, and whether prosecutors bring charges against any of the seven men. For now, no one has been charged.