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New details in text messages between Jane Doe and frat member

One of the accused fraternity members, who was later expelled, wrote to her: "I genuinely hope ur not catching as much heat from this as we r."

Key points

  • Texts show Jane Doe told a fraternity member 90% of that night was not consensual.
  • Cornell expelled the man after a Title IX investigation found him responsible.
  • The district attorney declined to bring charges; the man denies wrongdoing.

CBS News has obtained text messages between Jane Doe and a Chi Phi fraternity member, identified as MALE 2, sent after an October 2024 night of drinking, drug use and group sex at the fraternity house on Cornell University's campus.

In a message dated Nov. 3, Doe wrote that "90% of what happened that night was not consensual." The man replied that if he had been less intoxicated and more aware, he would have stopped it, and said he was "so so sorry."

Investigation and sanctions

Cornell's Title IX investigation found the man responsible for sexual assault and he was expelled, according to Doe's lawyer and The New York Times. Doe's lawyer, Thomas Giuffra, told CBS News the messages reflected "classic symptoms of delayed recognition."

The man is named in Doe's civil lawsuit but has not been charged with a crime. He has denied wrongdoing. The district attorney declined to bring charges after an investigation in 2024.

90% of what happened that night was not consensual

— Jane Doe

Wider fallout

Cornell expelled two men, suspended two others for at least two semesters, and found two not responsible for sexual misconduct. One had graduated before sanctions could be imposed.

The Chi Phi chapter was shut down in 2024, and Cornell has suspended all fraternity parties for the rest of the school year. Sally Yates will review Cornell's handling of sexual misconduct allegations, and New York Attorney General Letitia James has been appointed special prosecutor, a decision some former fraternity members are challenging in court.

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