Case Summary
- Case Type
- Sex Crimes
- Incident Date
- 2024-10-19
- Location
- Chi Phi fraternity house, Ithaca, NY, Ithaca, NY
- Investigating Agency
- NBC News US
- Suspect
- Diego Sarabia
- Victim Count
- 1
- Court Status
- Motion to dismiss filed in civil lawsuit
- Case Status
- Active civil litigation
A Cornell University fraternity member sued in a high-profile sexual assault lawsuit has filed a motion to dismiss the claims against him, arguing that the allegations do not support the broader accusations of rape and sexual assault.
Diego Sarabia filed the motion in New York state court, seeking the dismissal of all civil claims lodged against him by a former student identified as Jane Doe. The lawsuit centers on an alleged incident at the Chi Phi fraternity house in Ithaca, New York.
Incident Overview
According to court filings, the lawsuit stems from an encounter at the Chi Phi fraternity house that occurred from October 19 to October 20, 2024. Jane Doe originally sued seven men, alleging they participated in a gang rape inside the fraternity house.
In his motion for dismissal, Sarabia denies the allegations. His defense team contends that the specific conduct attributed to Sarabia involves a forced kiss and related actions in the fraternity house, which they argue do not meet the legal threshold for the broader sexual assault and rape claims asserted in the expansive complaint.
Timeline of Events
- October 19 to 20, 2024: The alleged incident takes place at the Chi Phi fraternity house in Ithaca, New York.
- November 2024: Tompkins County District Attorney Matthew Van Houten declines to bring criminal charges based on investigative findings.
- September 16, 2026: Jane Doe files a civil lawsuit in New York state court against multiple fraternity members.
- October 25, 2026: Diego Sarabia files a motion seeking to dismiss all claims against him in the lawsuit.
Suspect Information
Diego Sarabia was a member of the Chi Phi fraternity at Cornell University and is one of the defendants named in the civil lawsuit. His attorney, James C. Knox, filed the dismissal motion asserting that the complaint fails to establish Sarabia's direct participation in the primary sexual assault allegations.
Victim Information
The plaintiff in the civil lawsuit is identified in court documents as Jane Doe, described as a former Cornell University student. Specific identifying details regarding the plaintiff have been withheld to protect her privacy.
Police Response
The allegations involving the fraternity house incident were initially investigated by the Cornell University Police Department. The university also initiated an internal civil rights investigation that resulted in administrative disciplinary actions.
Investigation
Following the campus investigation, Tompkins County District Attorney Matthew Van Houten reviewed findings from local law enforcement. Due to questions surrounding the evaluation of evidence, New York Governor Kathy Hochul appointed state Attorney General Letitia James as a special prosecutor to conduct an independent investigation.
Evidence Collected
- A six-page statement provided by the plaintiff describing events from the night of the incident.
- Investigative materials and witness statements gathered by law enforcement and university officials.
Arrest Details
This matter involves civil litigation and administrative disciplinary proceedings rather than a criminal arrest of the moving defendant. No criminal charges have been filed against Sarabia by the local district attorney.
Charges Filed
- Civil Claims: The plaintiff filed a civil lawsuit containing allegations of sexual assault, battery, and intentional infliction of emotional distress. Civil claims seek financial damages and legal remedies rather than penal incarceration.Statute of Limitations Defense: Defense counsel argued that several tort claims are barred by a one-year statute of limitations under civil law.
Court Information
The civil case is proceeding in New York state court. The specific docket or index number was not released in public reports, and further scheduling depends on rulings regarding pending pretrial motions.
Statements from Authorities
James C. Knox, an attorney representing Diego Sarabia, wrote in the motion that the allegations against his client amount to what is essentially a lawsuit about a forced kiss. Knox stated, Throughout a sprawling complaint approaching 600 paragraphs, plaintiff repeatedly, collectively and without differentiation accuses seven student defendants of sexual assault and rape. Those legally conclusory statements do not substitute for pleaded facts. New York Attorney General Letitia James stated regarding her office's independent probe, We are committed to leading a comprehensive investigation they can trust, guided only by the facts, the evidence, and the law.
Public Safety Information
Campus and community resources remain available for individuals affected by sexual assault or misconduct. Support services and confidential assistance can be accessed nationally through organizations such as the National Sexual Assault Hotline at 1-800-656-4673 or by calling 911 in an immediate emergency.
What Happens Next
The court will review the motion to dismiss filed by the defense, along with any opposition responses from the plaintiff's legal counsel, before issuing a ruling on whether to drop the claims against Sarabia or allow the litigation to proceed.