Sally Yates Review of Cornell Rape Case Could Examine Key Police Interview
Former Deputy Attorney General Sally Yates is leading an independent review of Cornell University's handling of October 2024 gang rape allegations involving Chi Phi fraternity members. A key campus police interview that local prosecutors say they never received in full could face fresh scrutiny, according to a New York attorney.
Former Deputy Attorney General Sally Yates is set to lead an independent review of Cornell University's response to allegations that seven Chi Phi fraternity members drugged and sexually assaulted a female student in October 2024. The review, commissioned by Cornell's trustees, could focus on a crucial campus police interview that local prosecutors say they never received in full before initially declining to bring criminal charges, according to a New York attorney familiar with campus sexual misconduct cases.
The woman, identified in court papers as Jane Doe, told Cornell University Police in a November 2024 interview that she was raped, according to a transcript obtained by CBS News. She described the encounter as coercive and said she had been «completely and totally incapacitated.» However, Tompkins County District Attorney Matthew Van Houten said his office reviewed a six-page sworn statement that portrayed her participation in the sexual activity and drug use as voluntary and consensual. Van Houten said his office did not initially receive the complete interview and later told CBS News that the fuller account «changes the landscape for me.»
Scott Iseman, a New York attorney who has represented students accused of campus sexual misconduct, said Yates could compare Doe's full police interview with her sworn statement, later testimony and other evidence gathered during Cornell's 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. «It wouldn't surprise me if there was additional information in there that would have changed the trajectory of this case because that happens all the time,» he added.
The apparent differences between Doe's full interview and her shorter sworn statement could be particularly significant, Iseman said. «Law enforcement is supposed to make sure that all salient facts are included in that sworn statement,» he said. Cornell said its police department provided prosecutors with Doe's sworn statement and a Snapchat screenshot in 2024, describing the evidence-sharing process as standard protocol when a possible crime has occurred. Iseman cautioned that he had not reviewed the complete interview, which has not been made publicly available, and could not determine whether any omitted information was material. It remains unclear why the full interview was not initially provided to Van Houten's office.
Cornell said Yates and her team will have access to relevant records, case files, university personnel and leadership as they review the school's response under its original Title IX investigation, which determines whether students violated university sexual misconduct policies rather than criminal law. Beyond the police interview, Iseman said Yates could identify witnesses who were never questioned, overlooked text messages or social media evidence, and other information that did not emerge during Cornell's original investigation. «There's a lot that potentially she could uncover,» Iseman said. But he cautioned against assuming Cornell mishandled the allegations. «It may have all been done very appropriately by Cornell. We don't know yet.»
Cornell has defended its handling of the allegations, pointing to an extensive investigation that included more than 50 interviews and 12 days of disciplinary hearings. University President Michael Kotlikoff said two of the seven accused students were expelled, two were suspended for at least two semesters, one had graduated before discipline could be imposed and two were found not responsible for sexual misconduct. Cornell said both the accuser and accused students had opportunities to review evidence, testify and challenge the findings through an appeals process.
Yates was brought in after the case erupted into a national firestorm following Doe's Sept. 16 lawsuit, which laid out graphic allegations that seven Chi Phi fraternity members drugged and sexually assaulted her during a night involving alcohol, drugs and group sex at their fraternity house in October 2024. The allegations have since sparked protests on campus while New York Attorney General Letitia James' office is conducting a separate criminal investigation. The men have denied wrongdoing, with some maintaining the sexual activity was consensual and others denying they participated. No criminal charges have been filed against the seven men.
Yates' investigation extends beyond the Chi Phi case to examine how Cornell handles sexual misconduct allegations across campus, including its oversight of fraternities, sororities and other student organizations. Her team at law firm King & Spalding will also assess Cornell's practices against federal and state laws and examine whether the university followed its own procedures in responding to the Chi Phi allegations. Any new or previously overlooked evidence identified during the review could potentially be shared with James' office, Iseman said, though Yates herself has no authority to bring charges.
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