Tompkins County District Attorney Matthew Van Houten decided against charges in a Cornell University sexual assault case without reviewing witness statements and other information gathered by campus police.

The investigation concerned a 20-year-old woman’s allegation that she was sexually assaulted at a Chi Phi fraternity house party on Oct. 19–20, 2024. Campus police interviewed witnesses and received anonymous tips in the first weeks of the inquiry. Van Houten said he based his decision on the woman’s initial six-page statement to police.

The woman has since sued Cornell and seven fraternity members, alleging they assaulted her while she was under the influence of ketamine, alcohol and marijuana. Her lawyer says authorities failed to investigate thoroughly. Van Houten defended his decision, saying the initial statement did not allege criminal conduct; he also disputed whether the interviews flagged to his office offered anything to review.

New York Gov. Kathy Hochul has appointed Attorney General Letitia James as special prosecutor to consider whether charges are appropriate.