Cornell Gang Rape Lawsuit Takes Unexpected Turn as Former Chi Phi President Is Dropped After Mistaken Identity

Former Cornell Chi Phi president Orazio Petito has been removed from a civil lawsuit over an alleged gang rape after being incorrectly identified as chapter president at the time of the alleged incident. The lawsuit did not accuse him of participating in the alleged sexual assault.

The claim against Petito accused him of 'failing to exercise reasonable care' to prevent the defendants from allegedly sexually assaulting the plaintiff, according to The Cornell Daily Sun. A stipulation reported on 20 October recorded the parties' agreement to discontinue the matter against him.

His lawyer, Eric Bernstein, welcomed the outcome. 'My client deserved to be released from this case,' he told ABC News.

Petito Was Not President at the Time

Petito had previously served as president of Cornell University's Chi Phi chapter, but he did not hold the position in October 2024, when Jane Doe alleges she was drugged and raped at the fraternity house. ABC News reported that he had been incorrectly identified as chapter president at the time.

The lawsuit nevertheless named him as the chapter president at the relevant time. The error concerned the role he held when the alleged incident occurred, not his identity. The claim against Petito concerned an alleged failure to prevent harm, specifically that he failed to exercise reasonable care to prevent the defendants from allegedly assaulting the plaintiff.

Petito's removal came 36 days after the lawsuit was filed on 14 September. The reported dismissal concerns the claim against him and does not resolve the allegations against the other defendants.

Filing Ends Claim Against Petito

'It is hereby stipulated by and between counsel for all parties that this matter is discontinued with prejudice as to Orazio Petito,' ABC News quoted the filing as stating.

The wording identifies Petito specifically. It records the parties' agreement to discontinue the matter against him, rather than a verdict reached after a trial examining whether the alleged assault occurred.

The Cornell Daily Sun reported that the filing was signed by Thomas Giuffra, a lawyer for Doe.

Bernstein told ABC News that justice had been served as far as Petito was concerned. He added: 'We are all pleased with the outcome, and it was the right outcome.'

The case is a civil action, not a criminal proceeding, and the reported stipulation concerns Petito alone.

Wider Allegations Remain Unresolved

Doe, a former Cornell student using a pseudonym, alleges that she was drugged and raped at the Chi Phi house in October 2024. ABC News reported that she made a complaint to campus police in November 2024, about three weeks after the alleged incident, and later filed a civil lawsuit against the men and the university.

New York Attorney General Letitia James was investigating the incident and Cornell was conducting an internal review of its response to the allegations.

Petito's removal concerns the claim against him in the civil action. The allegations against the remaining defendants and questions surrounding the university's handling of Doe's complaint remain separate matters.

The case also raises separate questions about the university's response to Doe's complaint. Those issues are distinct from the claim against Petito, which concerned the alleged failure to exercise reasonable care. The reported dismissal does not establish what Cornell knew, how it responded, or whether any other party was liable.