Sally Yates’ Cornell Gang Rape Review May Scrutinize Key Police Interview, Attorney Says

A previously undisclosed portion of a Cornell University police interview could become a central focus of an independent review into an alleged rape case involving members of the Ivy League school’s Chi Phi fraternity. Local prosecutors say they did not receive the complete interview before initially deciding not to file charges.

Cornell’s trustees have appointed former Deputy Attorney General Sally Yates to lead a broad examination of the university’s response to allegations made in October 2024. The review follows Cornell’s internal proceedings, which resulted in several students being expelled or suspended.

In a November 2024 interview with Cornell University Police, the woman identified in court documents as Jane Doe said, “I can say with 100% confidence I was raped,” according to a transcript obtained by CBS News. She also characterized subsequent sexual activity as coercive and said she had been “completely and totally incapacitated.”

Tompkins County District Attorney Matthew Van Houten said prosecutors instead reviewed a six-page sworn statement portraying Doe’s drug use and involvement in the sexual activity as voluntary and consensual.

Van Houten said his office was not initially given the full police interview. After reviewing additional material, he told CBS News last week that the more complete account “changes the landscape for me.”

Scott Iseman, a New York lawyer who has represented students accused of campus sexual misconduct, said Yates may compare the complete police interview with Doe’s sworn statement, later testimony and evidence collected during Cornell’s disciplinary 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 be unusual for a fuller interview to contain details capable of altering the direction of a case. “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,” Iseman said.

Iseman said any inconsistencies between Doe’s complete interview and the shorter sworn statement could prove especially important to Yates’ review.

“Law enforcement is supposed to make sure that all salient facts are included in that sworn statement,” he said.

Cornell said its police department gave prosecutors Doe’s sworn statement and a screenshot from Snapchat in 2024. The university described that exchange as a routine step when officials believe a potential crime may have occurred.

Iseman emphasized that he had not seen the full interview, which has not been released publicly, and therefore could not assess whether any omitted details were significant. It also remains unknown why the complete interview was not originally sent to Van Houten’s office. News Outlet contacted Cornell University Police and the Tompkins County District Attorney’s Office seeking an explanation.

Cornell said Yates and her team will be able to review relevant records and case files and interview university employees and leaders. The examination will assess the school’s response under its original Title IX process, which addresses potential violations of university sexual misconduct rules rather than criminal offenses.

The police interview is only one area Yates could investigate, according to Iseman. He said the review might also uncover witnesses who were not interviewed, overlooked text messages or social media posts, and other evidence that was absent from Cornell’s initial inquiry.

“There’s a lot that potentially she could uncover,” Iseman said.

Still, he warned that the existence of unanswered questions does not by itself show Cornell acted improperly.

“It may have all been done very appropriately by Cornell. We don’t know yet,” he said.

Cornell has stood by its response, citing an extensive internal 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.

Her findings could also lead to recommendations for improving Cornell’s procedures, even if the university is found to have followed its existing rules. Cornell said Yates will report her findings and recommendations to a special committee of its Board of Trustees, which intends to share the results with the university community.

Yates has tackled explosive misconduct allegations before.

Her 2022 investigation into women’s professional soccer exposed widespread sexual harassment, coercion and abuse by coaches, along with failures by league officials to act on complaints.

What began as an investigation into individual coaches exposed much wider problems across women’s soccer, prompting a series of recommendations for sweeping reforms that U.S. Soccer subsequently pledged to implement.

The Cornell case also highlights a wider debate over the legal protections available to students accused of serious sexual misconduct, even as universities have the power to expel them.

John R. Grasso, a Rhode Island criminal defense attorney and former police officer who has represented accused students for two decades, argued that campus disciplinary proceedings can carry life-altering consequences without offering the same legal 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 those limitations can make it difficult for attorneys to obtain potentially important text messages, photographs and other evidence that might support an accused student’s defense.

Grasso also described the difficult choice students can face when university disciplinary proceedings and criminal investigations overlap: participating in campus proceedings and potentially making statements that could affect a criminal case, or remaining silent and risking disciplinary consequences.

“I have a right to remain silent, but if I don’t participate, I’m getting found responsible,” he said, describing the dilemma he has encountered representing students.

Grasso said the consequences of campus sexual misconduct allegations can extend far beyond disciplinary hearings, describing students whose education, reputations and emotional well-being have suffered even when they were ultimately cleared.

“Bad things happen to the accused the minute a complaint is filed against them on campus. Really bad things,” he said.

With the allegations now under renewed scrutiny, Iseman stressed the importance of keeping an open mind about what actually happened.

“Just because the allegations are salacious or dramatic does not mean that’s what happened,” Iseman said. “So people need to keep an open mind.”