Cornell Faculty Challenge Administrators Over Assault Case

Cornell University’s faculty senate voted 75-50 on Friday to express no confidence in the administration’s handling of an alleged sexual assault at a fraternity house. Five members abstained, and five didn’t vote. The resolution said the senate “has no confidence in the ability of the central administration to effectively address the ongoing crisis of sexual assault at Cornell University.” It’s a rebuke, but faculty can’t remove university leaders.

Jane Doe, a former student, said she was sexually assaulted and forced to take drugs at the Chi Phi fraternity house from Oct. 19 to 20, 2024. She filed a lawsuit in September, prompting criticism of Cornell and calls for reform from students and alumni. Her allegations put the university’s response under scrutiny; the senate vote now records that criticism within one of the institution’s formal governing bodies.

A vote without the power to remove

The resolution didn’t recommend removals or prescribe how the administration should manage the controversy. It won’t directly affect leadership decisions, including whether President Michael Kotlikoff remains in office. Cornell’s board of trustees can replace him and may consider the senate’s finding in future decisions. The contrast is plain: faculty can register no confidence, while trustees control the president’s position.

At an Oct. 14 senate meeting, Kotlikoff told professors and other university employees he would reassess Greek life and examine measures to reduce reported sexual assaults on campus. He said Cornell was adding resources to support victims, including help navigating university processes when students file sexual-assault complaints. Kotlikoff said he’d only recently learned that Jane Doe had left the university after the incident.

Senators debated postponing their vote until after an outside review by former acting attorney general Sally Yates, commissioned by the board of trustees. A proposal to delay the decision failed at the senate’s Oct. 28 meeting. The senate voted before the review was completed.

Allegations, discipline and investigations

Jane Doe accused seven fraternity members of participating in a sexual assault. She told police the encounter began with a consensual threesome but resulted in unwanted sex and ketamine consumption. All seven men deny the allegations. An internal civil rights proceeding expelled two; the university gave the others less severe punishments.

Tompkins County District Attorney Matthew Van Houten said he declined to pursue a criminal case in November 2024, based on a six-page statement from Jane Doe. Gov. Kathy Hochul appointed New York Attorney General Letitia James last month to investigate and consider whether criminal charges are supported. James appointed Jacqueline Kelly, a former federal prosecutor, to direct an independent inquiry with a team under James.

Two defendants began court proceedings seeking to disqualify James, arguing her social media comments expressing support for Jane Doe showed bias. On Thursday, several defendants joined an Article 78 proceeding in Sullivan County filed by lawyers for fraternity brother Gillio Lopes. Co-defendants Diego Sarabia, Scott Kretzschmar, Scott Norris and Winston Lee joined the petition supporting Lopes’s request. The two remaining defendants, Matthew Ingalls and Jonathan Newell, had no representation in the civil case and didn’t respond to Lopes’s attorneys.

Lopes’s lawyers argued that James’s appointment of an investigator didn’t resolve their conflict-of-interest concerns unless she recused herself. James said her office could conduct a fact-based, unbiased review and described her remarks as an expression of empathy for Jane Doe. Lee’s attorney separately asked Tompkins County Supreme Court to block James from any grand jury proceeding, alleging bias. A decision was expected Nov. 13. Students and alumni have called for reform; the reported response also includes the senate vote, university processes and official investigations. The senate can make its judgment known. Trustees retain authority over the president.