New York Gov. Kathy Hochul says Jane Doe in Cornell case was ‘failed’ by the system

New York Gov. Kathy Hochul and New York Attorney General Letitia James are set to speak publicly about the Cornell University sexual assault investigation on Friday, a day after the governor appointed the attorney general as special prosecutor.

Hochul tapped James to take over the case on Thursday as questions swirl nationwide over how university police and the local district attorney’s office handled the case two years ago.

A former Cornell University student alleged in a civil lawsuit last month that she was raped, sexually assaulted and plied with drugs by members of Chi Phi fraternity in 2024.

The woman, identified as Jane Doe, reported the incident to Cornell police about three weeks after it happened, according to her lawsuit. The matter was investigated by Tompkins County District Attorney Matthew Van Houten, who said he found “insufficient evidence to support criminal charges” at the time, according to the suit.

Van Houten said on Monday he was reopening the investigation and defended his office’s initial decision not to pursue it. He said Jane Doe’s statement to police in 2024 “described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.”

Van Houten has not yet publicly commented on the appointment of a special prosecutor on the case and has not returned NBC News’ requests for comment.

Jane Doe sued Cornell University for an unspecified amount in monetary damages, arguing that the university did not do enough to protect her. None of the seven men named in the suit have been criminally charged.

The filing names the fraternity, her sorority chapter, Cornell University and others as defendants.

The national Chi Phi organization has called the sexual assault allegations at Cornell University “deeply concerning,” and the sorority said it could not comment on pending litigation. Cornell has defended its 2024 investigation and said it welcomes the new probe.

James said in a statement late Thursday that the case “will be investigated fully and fairly.”

“The Governor has entrusted my office with this investigation, and we do not take that responsibility lightly,” James said.

Cornell said it “supports Governor Hochul’s decision to assign this case to the New York Attorney General’s Office.”