A police interview that Tompkins County prosecutors say they never received in full before deciding not to bring charges in the Cornell University alleged rape case could come under new scrutiny as former Deputy Attorney General Sally Yates leads an independent review of how the university handled the allegations.
Cornell’s trustees hired Yates, who served as deputy attorney general in the Obama administration, to conduct a broad review of the October 2024 allegations involving members of the Chi Phi fraternity. The university’s own investigation had already resulted in expulsions and suspensions for some of the accused students.
The woman at the center of the case, identified in court papers as Jane Doe, told Cornell University Police in a November 2024 interview, “I can say with 100% confidence I was raped,” according to a transcript obtained by CBS News. She described later sexual activity as coercive and said she had been “completely and totally incapacitated.”
Tompkins County District Attorney Matthew Van Houten has said his office instead reviewed a six-page sworn statement that described Doe’s participation in the sexual activity and drug use as voluntary and consensual. Van Houten said his office did not initially receive the complete interview, telling CBS News last week that the fuller version “changes the landscape for me.”
What Yates Could Examine
Scott Iseman, a New York attorney who has represented students accused of campus sexual misconduct, said Yates’s team could compare Doe’s full police interview against her sworn statement and other evidence gathered during Cornell’s internal investigation.
“Those full recorded interviews, I can tell you from experience, have a treasure trove of information that are really, really important to exactly what happened,” Iseman said.
He said it would not surprise him if the full interview contained material that could have altered the case’s direction, noting that discrepancies between a full interview and a condensed sworn statement can be significant. “Law enforcement is supposed to make sure that all salient facts are included in that sworn statement,” Iseman said.
Cornell has said its police department provided prosecutors with Doe’s sworn statement and a Snapchat screenshot in 2024, calling that standard protocol when a possible crime has occurred. Iseman said he has not reviewed the complete interview himself, which has not been made public, and could not say whether any omitted material was significant. It remains unclear why the full interview was not initially provided to Van Houten’s office; Cornell University Police and the district attorney’s office did not immediately clarify the matter when asked.
Cornell said Yates and her team will have access to relevant records, case files, and university personnel and leadership as part of the review, which is separate from the university’s original Title IX investigation that determined whether students violated campus policy rather than criminal law.
Scope of the Allegations
Doe’s Sept. 16 lawsuit alleged that seven Chi Phi fraternity members drugged and sexually assaulted her during a night involving alcohol, drugs and group sex at the fraternity house in October 2024. The case drew national attention, sparked protests on campus, and prompted a separate criminal investigation by New York Attorney General Letitia James’ office. The accused men have denied wrongdoing, with some saying the sexual activity was consensual and others denying participation. No criminal charges have been filed.
Cornell President Michael Kotlikoff has said two of the seven accused students were expelled, two were suspended for at least two semesters, one had already graduated before discipline could be imposed, and two were found not responsible. The university said its investigation included more than 50 interviews and 12 days of disciplinary hearings, and that both the accuser and accused students had chances to review evidence, testify and appeal.
Yates’s review will go beyond the Chi Phi case to examine Cornell’s broader handling of sexual misconduct allegations, including oversight of fraternities, sororities and other student organizations. Her team at the law firm King & Spalding will assess Cornell’s practices against federal and state law and whether the university followed its own procedures. Iseman said any new evidence uncovered could potentially be shared with the attorney general’s office, though Yates herself has no authority to bring criminal charges.
Cornell said Yates will report her findings to a special committee of its Board of Trustees, which intends to share results with the university community. Yates previously led a 2022 investigation into women’s professional soccer that exposed widespread harassment and abuse by coaches and prompted sweeping reform recommendations that U.S. Soccer agreed to adopt.
A Broader Debate Over Campus Proceedings
The case has renewed debate over legal protections for students facing serious misconduct allegations on campus. John R. Grasso, a Rhode Island criminal defense attorney and former police officer who has represented accused students for two decades, said campus disciplinary proceedings can carry serious consequences without the protections available in criminal court.
“When I defend a student on campus, we don’t have any right to discovery. We can’t compel the production of anything,” Grasso said.
He said students can face a difficult choice when campus and criminal proceedings overlap — participating and risking statements that affect a criminal case, or staying silent and risking a disciplinary finding against them. “I have a right to remain silent, but if I don’t participate, I’m getting found responsible,” he said. He added that accused students can suffer academically, socially and emotionally even when ultimately cleared: “Bad things happen to the accused the minute a complaint is filed against them on campus. Really bad things.”
Iseman cautioned against drawing conclusions before the review is complete. “It may have all been done very appropriately by Cornell. We don’t know yet,” he said, adding, “Just because the allegations are salacious or dramatic does not mean that’s what happened. So people need to keep an open mind.”
