A former Cornell University fraternity member accused in a widely publicized alleged gang-rape case is seeking dismissal from a civil lawsuit, arguing that the allegations against him amount only to an unwanted kiss.
Diego Sarabia, one of seven men named in the lawsuit by a former student identified as Jane Doe, filed a motion Friday asking the court to throw out every claim against him.
His attorneys contend that Doe improperly grouped Sarabia with six other defendants accused of sexually assaulting her during a night involving drugs and alcohol at Cornell’s Chi Phi fraternity house in October 2024.
Sarabia denies the allegations and argues that the conduct attributed to him does not support claims of rape or sexual assault outlined in the nearly 600-paragraph complaint.
His attorney, James C Knox, argues that the claims are either legally inadequate, filed after the applicable deadline or both.
“This is essentially a lawsuit about a forced kiss,” Knox wrote in the motion, according to NBC.
Doe alleges that Sarabia grabbed her face, kissed her and joined other fraternity members in snorting ketamine from her body in the house’s alumni room between Oct. 19 and 20, 2024.
Knox, however, says the complaint does not establish that Sarabia participated in the sexual encounters underlying the more serious allegations against the other defendants.
Diego Sarabia, one of seven defendants in a civil lawsuit filed by a former student identified as Jane Doe, is asking a judge to dismiss all claims against him
The defense also says the complaint does not accuse Sarabia of providing Doe with drugs or alcohol and maintains that he was absent during much of the misconduct described in the lawsuit.
“Throughout a sprawling complaint approaching 600 paragraphs, plaintiff repeatedly, collectively and without differentiation accuses seven student defendants of ‘sexual assault and rape,’” Knox wrote.
“Those legally conclusory statements do not substitute for pleaded facts.”
The motion was filed in New York state court as the case continues to fuel anger at the Ivy League university and intensify scrutiny of Cornell’s response to sexual misconduct allegations.
Knox argues that Doe’s claims for assault, battery and intentional infliction of emotional distress were subject to a one-year statute of limitations, which expired before she filed the lawsuit on Sept. 16.
Because the alleged incident occurred nearly two years earlier, Sarabia’s attorneys contend that the accusations against him do not qualify for the longer filing deadlines Doe invoked for certain sexual offenses.
Sarabia had already graduated from Cornell when the allegations emerged and, as a former Chi Phi member, could not face disciplinary action under Title IX.
The university instead issued a persona non grata order that bars him from campus for three years.
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The latest court filings come amid growing controversy over events at the fraternity house and the responses from Cornell and local authorities
Sarabia’s attorneys are also seeking to limit public statements by Doe’s lawyer, Thomas Giuffra, about the case.
Court filings reviewed by Our News Outlet show that Sarabia has asked a judge to restrict Giuffra’s media appearances and public commentary related to the lawsuit.
His legal team accused Doe and her attorney of an ‘orchestrated campaign’ involving reporters, which they claim was planned before the lawsuit was filed.
The legal maneuvering comes amid a widening controversy over what happened inside the fraternity house and how Cornell and local authorities responded to Doe’s allegations.
The former student’s lawsuit, filed Sept. 16, accused seven men of participating in an alleged gang rape during the October 2024 encounter.
The controversy has also placed Cornell’s administration under renewed pressure from students, alumni and members of the university community who believe the institution has failed to adequately protect women from sexual assault.
Past and current students have raised concerns about the university’s response to reports of sexual misconduct, with Doe’s lawsuit intensifying demands for greater accountability.
But supporters of the accused men said that Jane Doe has contradicted herself while sharing her allegations and that the seven she sued are entitled to due process.
Diego Sarabia, who denies the allegations, maintains that the conduct attributed to him does not support the accusations of rape and sexual assault in the nearly 600-paragraph complaint
Matthew Ingalls
Winston Lee
Cornell’s Board of Trustees subsequently hired former Deputy Attorney General Sally Yates to lead an independent review of how the university prevents and responds to sexual harassment, sexual assault and related misconduct on campus.
The seven men named as defendants in the civil lawsuit regarding the October 2024 incident at Cornell University’s Chi Phi fraternity house, along with Diego Sarabia, are Matthew Ingalls, Jonathan Newell, Winston Lee, Gillio Lopes, Scott Norris, and Scott Kretzschma.
Meanwhile, Sarabia’s bid to have the claims against him dismissed remains before a judge.
Our News Outlet has requested comment from the attorneys for Jane Doe and Diego Sarabia.
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