Lawsuit claims Cornell kept accused student on campus after 2021 assault

Cornell University has faced a renewed legal challenge regarding its handling of sexual misconduct reports from the late 2010s and early 2020s. The dispute centers on whether the institution adequately protected students from a male enrollee who was the subject of multiple formal complaints.

In a lawsuit filed in November 2023, two women allege that the university allowed the defendant to remain on campus after persistent reports of abuse. The plaintiffs claim the school failed to protect them and other students from severe misconduct. A judge in Tompkins County Supreme Court has denied motions to dismiss these claims, and pretrial discovery is now underway.

One accuser submitted an affidavit stating she was sexually assaulted and abused by the student in September and October 2018. She filed a Title IX civil rights case around that time. A sworn statement from April 19, 2024, asserts that the Title IX office received numerous other complaints against the same individual. The student, whose name is withheld because he has not been criminally charged, denies all allegations in his court papers.

The second accuser alleges she was sexually, physically, and verbally assaulted in the student’s dorm room on May 7, 2021. She filed a Title IX complaint in August 2021 and stated that no action was taken. She claimed the alleged offender continued to attend Cornell. However, a person with knowledge of the matter said the student was eventually suspended and transferred to another school, though the specific cause of that suspension remains unclear.

Cornell’s spokesperson disputed the assertion that the university failed to investigate or act on multiple reports. The school stated it absolutely rejects the claim that it would have failed to respond to such reports. A spokesperson noted the university has no further comment on the pending litigation. Keith White, the attorney for the former male student, indicated that his client’s responses are detailed in the legal filings, which contain denials of the allegations.

This 2023 lawsuit has resurfaced as Cornell manages a separate high-profile scandal. In September, a woman identified as Jane Doe alleged she was gang-raped and forced to take drugs at the Chi Phi fraternity house in 2024. An internal investigation led to two expulsions, but no criminal charges were initially filed. New York Attorney General Letitia James, appointed by the governor on October 1, is leading a new criminal investigation into that fraternity case.

The timing of the 2023 lawsuit emerging coincides with a recent vote of no confidence by the faculty senate. Administrators faced this vote regarding their handling of what sponsors described as an ongoing crisis of sexual assault. Title IX, a federal law prohibiting gender-based discrimination, is commonly used to adjudicate sexual assault allegations in higher education. Accused individuals can face both civil proceedings under Title IX and criminal proceedings in local courts.