Cornell fraternity member seeks dismissal from Jane Doe’s sexual assault lawsuit

Key Points:

• Diego Sarabia, one of seven men sued by a former Cornell student known as Jane Doe for alleged gang rape, has filed a motion to dismiss all claims against him, arguing the allegations do not support the broader accusations of rape and sexual assault.
• Sarabia's attorneys contend that the claims were filed too late, are legally insufficient, and that the conduct attributed to him amounts only to a forced kiss, not qualifying for the extended statute of limitations cited by Doe.
• The lawsuit has sparked calls for institutional reform at Cornell University, prompting the Board of Trustees to hire former Deputy Attorney General Sally Yates to conduct an independent review of the university’s handling of sexual misconduct.
• An internal investigation led to the expulsion of two students, but the Tompkins County District Attorney declined to press charges, citing some consensual sexual conduct; this decision was criticized by Governor Kathy Hochul, who appointed Attorney General Letitia James as a special prosecutor.
• Two accused men are seeking to disqualify Attorney General James from the investigation over alleged bias, but James remains committed to leading an impartial and comprehensive probe into the allegations.