Cornell University Rape Allegations Under Review by Former Deputy AG Sally Yates

An important campus police interview, allegedly not fully received by local prosecutors, could face new scrutiny in the ongoing investigation of rape allegations at Cornell University. Former Deputy Attorney General Sally Yates has been tasked with reviewing Cornell’s handling of these serious accusations. The case centers on alleged incidents involving members of the university’s Chi Phi fraternity.

Yates, who served under the Obama administration, is leading an independent review at Cornell. This follows the university’s own investigation, which resulted in expulsions and suspensions. The accuser, referred to as Jane Doe in legal papers, claimed during a police interview that she was raped. However, the county District Attorney, Matthew Van Houten, stated his office initially reviewed a statement indicating Doe’s involvement in the sexual activity was voluntary.

Scott Iseman, an attorney with experience in campus sexual misconduct cases, emphasized the importance of full police interviews. These interviews can offer critical information. He suggested Yates could discover additional details that might alter the case’s trajectory. Differences between the police interview and Doe’s sworn statement could significantly impact the proceedings.

Cornell claims their police department provided the prosecutors with Doe’s statement and evidence, following standard protocols. However, the complete interview has not been publicly disclosed, creating uncertainty about any omitted details. The university assures that Yates and her team have access to necessary records, case files, and personnel for their review.

Yates’ Role and Possible Impact

Yates’ review comes after the case gained national attention with the filing of Doe’s lawsuit. This lawsuit includes graphic allegations that seven Chi Phi members drugged and assaulted her. Despite the ongoing review, no criminal charges have been filed. Yates’ team will examine Cornell’s handling of sexual misconduct across its campus, not limited to the fraternity in question.

The review will assess if Cornell adhered to its procedures and state laws. Any new evidence revealed could be shared with the New York Attorney General’s ongoing investigation. Yates, however, lacks the authority to file charges.

Cornell’s Previous Investigation

Cornell defended its initial investigation, citing over 50 interviews and multiple disciplinary hearings. The results included expulsions and suspensions, with both the accuser and the accused given opportunities to challenge findings.

Concerns Over Legal Protections

The case raises questions about the protections for accused students in such proceedings. John R. Grasso, a defense attorney, highlights the lack of discovery rights in campus cases. Students may face life-altering consequences without the legal safeguards present in court trials.

Grasso describes a predicament for students in overlapping campus and criminal cases: choosing between participating in campus hearings, which might affect criminal investigations, or remaining silent and facing potential discipline.

The Human Impact

The effects of these allegations extend beyond hearings, impacting students’ education, reputations, and well-being. Iseman underlines the need for an open mind regarding the allegations’ validity, advising against premature conclusions.