Jane Doe vs. Cornell et al. Lawsuit Transcript

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

JANE DOE, Index No.:
Plaintiff,
-against- SUMMONS

CORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE
ASSOCIATION, CHI PHI FRATERNITY, INC., CHI PHI
EDUCATIONAL TRUST, ALPHA BETA HOUSE CORPORATION
OF DELTA DELTA DELTA, DELTA DELTA DELTA SORORITY,
ZAREEN ENTERPRISE LLC d/b/a MOONIES BAR & NIGHTCLUB,
MATTHEW INGALLS, JOHNATHAN NEWELL, WINSTON LEE,
GILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS, SCOTT
KRETZSCHMAR, JOHN DOE (FACULTY), JOHN DOE (ALUMNI),
JOHN DOES (EXECUTIVE BOARD), and ORAZIO PETITO,
Defendants.

Plaintiff designates NEW YORK County as the place of trial. Venue is based on the location in
which Plaintiff currently resides.

TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve

a copy of your answer, or, if the Complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiffâs Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in the case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
Complaint.

Dated: New York, New York
September 14, 2026
RHEINGOLD GIUFFRA RUFFO
PLOTKIN & HELLMAN LLP
Attorneys for Plaintiff _____________________ By: Thomas P. Giuffra, Esq. 551 Fifth Avenue, 29th Fl. New York, NY 10176 Tel: (212) 684-1880 tgiuffra@rheingoldlaw.com 1

COCHRUN & SEALS, LLC
Attorneys for Plaintiff
(Pro Hac Vice pending)

/s/ W. Whitney Seals

By: W. Whitney Seals, Esq.
P.O. Box 10448
Birmingham, AL 35202-0448
Tel: (202) 323-3900
whitney@cochrunseals.com

2
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

JANE DOE, Index No.:
Plaintiff,
-against- COMPLAINT

CORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE
ASSOCIATION, CHI PHI FRATERNITY, INC., CHI PHI
EDUCATIONAL TRUST, ALPHA BETA HOUSE PLAINTIFF DEMANDS
CORPORATION OF DELTA DELTA DELTA, DELTA DELTA A TRIAL BY JURY
DELTA SORORITY, ZAREEN ENTERPRISE LLC d/b/a
MOONIES BAR & NIGHTCLUB, MATTHEW INGALLS,
JOHNATHAN NEWELL, WINSTON LEE, GILLIO LOPES,
DIEGO SARABIA, SCOTT NORRIS, SCOTT KRETZSCHMAR,
JOHN DOE (FACULTY), JOHN DOE (ALUMNI), JOHN DOES
(EXECUTIVE BOARD), and ORAZIO PETITO,
Defendants. Plaintiff JANE DOE complaining of the Defendants by her attorneys RHEINGOLD

GIUFFRA RUFFO PLOTKIN & HELLMAN LLP, and COCHRUN & SEALS, LLC (Pro Hac

Vice pending), respectfully alleges, upon information and belief, the following: NATURE OF THE ACTION 1. This complaint is based on the negligent, willful, or intentional failure of the

Defendants CORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE ASSOCIATION,

CHI PHI FRATERNITY, INC., CHI PHI EDUCATIONAL TRUST, ALPHA BETA HOUSE

CORPORATION OF DELTA DELTA DELTA, DELTA DELTA DELTA SORORITY, JOHN

DOE (FACULTY), JOHN DOE (ALUMNI), JOHN DOES (EXECUTIVE BOARD), and

ORAZIO PETITO, their employees, agents, and/or servants, to protect Plaintiff JANE DOE from

being sexually assaulted and raped by multiple members of the Xi Chapter of Chi Phi Fraternity

at Cornell University, while at the Chi Phi Fraternity house on Cornell Universityâs campus, as

well as against those individuals, Defendants MATTHEW INGALLS, JOHNATHAN NEWELL, 3

WINSTON LEE, GILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS, and SCOTT

KRETZSCHMAR, who perpetrated such heinous criminal sexual acts against Plaintiff therein. 2. This complaint also contains allegations against Defendant CORNELL

UNIVERSITY, INC., for breach of contract. 3. This complaint also contains allegations against Defendants ALPHA BETA

HOUSE CORPORATION OF DELTA DELTA DELTA and DELTA DELTA DELTA

SORORITY, for breach of contract. 4. This complaint also contains allegations against Defendant CORNELL

UNIVERSITY, INC., for violations of New York State Human Rights Law (NYSHRL), Executive

(EXC) Chapter 18, Article 15, Section 296 et seq. 5. This complaint also contains allegations against Defendant CORNELL

UNIVERSITY, INC., for violations of New York Education Law (EDN) Â§ 6440. 6. This complaint also contains allegations against Defendants MATTHEW

INGALLS, JOHNATHAN NEWELL, WINSTON LEE, GILLIO LOPES, DIEGO SARABIA,

SCOTT NORRIS, and SCOTT KRETZSCHMAR, and each of them, for their sexual assault and

rape of Plaintiff, pursuant to the protections afforded by CPLR 213-c. 7. This complaint also contains allegations against Defendant ZAREEN

ENTERPRISE LLC d/b/a MOONIES BAR & NIGHTCLUB, their employees, agents, and/or

servants, for causes of action pursuant to New Yorkâs Dram Shop Act, General Obligations Law

Â§Â§11-100 â 11-101, as well as others under the theory of negligence. PARTIES 8. That at all relevant times, Plaintiff JANE DOE (hereinafter âDOEâ) was a 20-year-

old adult female. 4

9. That at all relevant times, Defendant CORNELL UNIVERSITY, INC. (hereinafter

âCORNELLâ) was and is a private institution of higher education with address in New York City

and Ithaca, New York. 10. That at all relevant times, CORNELL maintained, operated and controlled the

private ivy-league university known as Cornell University, with a mailing address of 616 Thurston

Avenue, Ithaca, New York 14853. 11. That at all relevant times, Plaintiff was a full-time undergraduate student attending

CORNELLâs Cornell University located in Ithaca, New York. 12. That at all relevant times, Plaintiff resided on CORNELLâs campus. 13. That at all relevant times, CORNELL maintained a private police department

known as Cornell University Police, with its primary office located at 117 Statler Dr, Ithaca, New

York 14853. 14. That at all relevant times, CORNELL maintained a Division of Public Safety, with

its primary office located at 245 East Hill Office Building, Ithaca, New York 14852. 15. That at all relevant times, CORNELL maintained the SHARE Office within the

Skorton Center for Health Initiatives located at 410 Thurston Avenue, Ithaca, New York 14850. 16. That at all relevant times, CORNELL held itself out to the public, and more

particularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately

protect its students and to use reasonable care and diligence in its monitoring and policing of its

campus and those utilizing said campus. 17. That at all relevant times, while Plaintiff was attending and lawfully located on

CORNELLâs campus, of which CORNELL had and has complete control, she was sexually

assaulted and raped by fellow Cornell University students at the fraternity house known as Chi Phi 5

Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. 18. That at all relevant times, CORNELL owned, managed, operated, and/or controlled

the subject Chi Phi Fraternity house, as it was and is situated on CORNELLâs property. 19. That at all relevant times, CHI PHI CHAPTER HOUSE ASSOCIATION

(hereinafter âXI CHAPTERâ) was and is a Chapter of the international menâs fraternity (aka

fraternity) known as Chi Phi Fraternity which is managed, owned, and/or controlled by Defendants

CHI PHI FRATERNITY, INC., and CHI PHI EDUCATIONAL TRUST (hereinafter jointly

referred to as âCHI PHI NATIONALâ), 20. That at all relevant times, XI CHAPTERâs Executive Offices are located at 801

Hudson St, Hoboken, New Jersey 07030. 21. That at all relevant times, XI CHAPTER was and is a domestic not-for-profit

corporation duly organized and existing under New York law with its principal place of business

in Ithaca, New York. 22. That at all relevant times, XI CHAPTER owned, managed, operated, and/or

controlled the Xi Chapter of Chi Phi at Cornell Universityâs house located at 107 Edgemoor Ln,

Ithaca, New York 14850. 23. That at all relevant times, XI CHAPTER maintained and controlled a regional

chapter of its parent organization, known as the Xi Chapter of Chi Phi Fraternity at Cornell

University. 24. That at all relevant times, XI CHAPTER maintained and controlled a residential

house on Cornell Universityâs campus for the Xi Chapterâs use, located at 107 Edgemoor Ln,

Ithaca, New York 14850. 25. That at all relevant times, XI CHAPTER held itself out to the public, and more 6

particularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately

protect its invitees and/or guests and to use reasonable care and diligence in its monitoring and

policing of the Xi Chapterâs house and those living in and utilizing said house. 26. That at all relevant times, while Plaintiff was lawfully within XI CHAPTERâs

house, of which XI CHAPTER had and has complete control, she was plied with alcohol and drugs

to the point of intoxication by members of XI CHAPTERâs fraternal organization, which resulted

in Plaintiff being sexually assaulted and raped by members of XI CHAPTERâs regional fraternal

organization at Cornell University, operating out of the fraternity house known as Chi Phi

Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. 27. That at all relevant times, CHI PHI FRATERNITY, INC., was and is a domestic

business corporation duly organized and existing under Georgia law with its principal place of

business in Roswell, Georgia. 28. That at all relevant times, CHI PHI FRATERNITY, INC., owned, managed,

operated, and/or controlled XI CHAPTER, a regional chapter of its fraternal organization,

operating out of the Xi Chapter of Chi Phi at Cornell Universityâs house located at 107 Edgemoor

Ln, Ithaca, New York 14850. 29. That at all relevant times, CHI PHI EDUCATIONAL TRUST was and is a

domestic not-for-profit corporation duly organized and existing under Georgia law with its

principal place of business in Roswell, Georgia. 30. That at all relevant times, CHI PHI EDUCATIONAL TRUST owned, managed,

operated, and/or controlled XI CHAPTER, a regional chapter of its fraternal organization,

operating out of the Xi Chapter of Chi Phi at Cornell Universityâs house located at 107 Edgemoor

Ln, Ithaca, New York 14850. 7

31. That at all relevant times, CHI PHI FRATERNITY, INC., and CHI PHI

EDUCATIONAL TRUST operate jointly as one business entity known as Chi Phi Fraternity

(hereinafter jointly referred to as âCHI PHI NATIONALâ), with its Executive Offices located at

885 Woodstock Rd Suite 430-389, Roswell, GA 30075. 32. That at all relevant times, CHI PHI NATIONAL maintained and controlled a

regional chapter of its parent organization, known as the Xi Chapter of Chi Phi Fraternity at Cornell

University. 33. That at all relevant times, CHI PHI NATIONAL maintained and controlled a

residential house on Cornell Universityâs campus for the Xi Chapterâs use, located at 107

Edgemoor Ln, Ithaca, New York 14850. 34. That at all relevant times, CHI PHI NATIONAL held itself out to the public, and

more particularly to Plaintiff herein, as possessing the proper degree of safety measure to

adequately protect its invitees and/or guests and to use reasonable care and diligence in its

monitoring and policing of the Xi Chapterâs house and those living in and utilizing said house. 35. That at all relevant times, while Plaintiff was lawfully within CHI PHI

NATIONALâs house, of which CHI PHI NATIONAL had and has complete control, she was plied

with alcohol and drugs to the point of intoxication by members of CHI PHI NATIONALâs fraternal

organization, which resulted in Plaintiff being sexually assaulted and raped by members of XI CHI

PHI NATIONALâs regional fraternal organization at Cornell University, operating out of the

fraternity house known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York

14850. 36. That at all relevant times, ALPHA BETA HOUSE CORPORATION OF DELTA

DELTA DELTA (hereinafter âALPHA BETA CHAPTERâ) was and is a Chapter of the 8

international womenâs fraternal organization (aka sorority) known as known as Delta Delta Delta

Sorority, which is managed, owned, and/or controlled by Defendant DELTA DELTA DELTA

SORORITY (hereinafter âTRI-DELTA NATIONALâ). 37. That at all relevant times, ALPHA BETA CHAPTER was and is a domestic not-

for-profit corporation duly organized and existing under New York law with its principal place of

business in Ithaca, New York. 38. That at all relevant times, ALPHA BETA CHAPTER owned and operated the

Alpha Beta Chapter of Tri Delta at Cornell Universityâs house located at 118 Triphammer Road,

Ithaca, New York 14580. 39. That at all relevant times, ALPHA BETA CHAPTER maintained and controlled

the regional chapter of Tri Deltaâs fraternal organization, known as the Alpha Beta Chapter of Tri

Delta at Cornell University. 40. That at all relevant times, ALPHA BETA CHAPTER maintained and controlled a

residential house on Cornell Universityâs campus for the Alpha Beta Chapterâs use, located at 118

Triphammer Rd, Ithaca, New York 14850. 41. That at all relevant times, Plaintiff was a member of ALPHA BETA CHAPTERâs

regional sorority chapter at Cornell University. 42. That at all relevant times, Plaintiff resided in ALPHA BETA CHAPTERâs house

on Cornell University campus, located at 118 Triphammer Rd, Ithaca, New York 14850. 43. That at all relevant times, ALPHA BETA CHAPTER held itself out to the public,

and more particularly to Plaintiff herein, as possessing the proper degree of safety measure to

adequately protect its members and to use reasonable care and diligence in its monitoring and

policing of the Alpha Beta Chapterâs house and those living in and utilizing said house. 9

44. That at all relevant times, while Plaintiff was a member of ALPHA BETA

CHAPTER and while Plaintiff was residing in ALPHA BETA CHAPTERâs house, of which

ALPHA BETA CHAPTER had and has complete control, Plaintiff had become intoxicated, and

the house mother employed by ALPHA BETA CHAPTER observed Plaintiff in that intoxicated

state and nevertheless took Plaintiff to MOONIES in downtown Ithaca, NY, which resulted in

Plaintiff being sexually assaulted and raped by fellow Cornell University students at the fraternity

house known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. 45. That at all relevant times, TRI-DELTA NATIONAL was and is a domestic business

corporation duly organized and existing under Texas law with its principal place of business

located at 14951 Dallas Pkwy #500, Dallas, Texas 75254. 46. That at all relevant times, TRI-DELTA NATIONAL owned and operated the Alpha

Beta Chapter of Tri Delta at Cornell Universityâs house located at 118 Triphammer Road, Ithaca,

New York 14580. 47. That at all relevant times, TRI-DELTA NATIONAL maintained and controlled the

regional chapter of Tri Deltaâs fraternal organization, known as the Alpha Beta Chapter of Tri

Delta at Cornell University. 48. That at all relevant times, TRI-DELTA NATIONAL maintained and controlled a

residential house on Cornell Universityâs campus for the Alpha Beta Chapterâs use, located at 118

Triphammer Rd, Ithaca, New York 14850. 49. That at all relevant times, Plaintiff was a member of TRI-DELTA NATIONALâs

Alpha Beta Chapter at Cornell University. 50. That at all relevant times, Plaintiff resided in TRI-DELTA NATIONALâs Alpha

Beta Chapterâs house on Cornell University campus, located at 118 Triphammer Rd, Ithaca, New 10

York 14850. 51. That at all relevant times, TRI-DELTA NATIONAL held itself out to the public,

and more particularly to Plaintiff herein, as possessing the proper degree of safety measure to

adequately protect its members and to use reasonable care and diligence in its monitoring and

policing of the Alpha Beta Chapterâs house and those living in and utilizing said house. 52. That at all relevant times, while Plaintiff was a member of TRI-DELTA

NATIONALâs Alpha Beta Chapter and while Plaintiff was residing in TRI-DELTA NATIONALâs

Alpha Beta Chapterâs house, of which TRI-DELTA NATIONAL had and has complete control,

Plaintiff had become intoxicated, and the house mother employed by TRI-DELTA NATIONAL

observed Plaintiff in that intoxicated state and nevertheless took Plaintiff to MOONIES in

downtown Ithaca, NY, which resulted in Plaintiff being sexually assaulted and raped by fellow

Cornell University students at the fraternity house known as Chi Phi Fraternity located at 107

Edgemoor Ln, Ithaca, New York 14850. 53. That at all relevant times, JOHN DOE (FACULTY) (hereinafter âFACULTYâ)

was and is the designated faculty advisor appointed by CORNELL as the official liaison between

XI CHAPTER and Cornell University. 54. That at all relevant times, FACULTY, as faculty advisor, was and is assigned by

CORNELL to oversee XI CHAPTER, the Cornell University regional chapter of CHI PHI

NATIONALâs international fraternal organization. 55. That at all relevant times, FACULTY, as faculty advisor, was and is a university

employee, employed directly by CORNELL as a professor, lecturer, administrator, and/or other

faculty member. 56. That at all relevant times, CORNELL was and is vicariously liable under respondeat 11

superior for the negligent acts and omissions of FACULTY. 57. That at all relevant times, FACULTY, as faculty advisor, was responsible for

supervising and maintaining in a safe condition XI CHAPTERâs fraternity house and its members

thereat, located 118 Triphammer Rd, Ithaca, New York 14850, situated within the confines of

CORNELLâs university campus, 58. That at all relevant times, FACULTY, as faculty advisor, held themself out to the

public, and more particularly to Plaintiff herein, as possessing the proper degree of knowledge and

training to adequately protect CORNELLâs students, including Plaintiff herein, and to use

reasonable care and diligence in its monitoring and policing of XI CHAPTERâs fraternity house

and those fraternity members living in and utilizing said house. 59. That at all relevant times, while Plaintiff was lawfully within XI CHAPTERâs

house, of which FACULTY, as faculty advisor, breached their duty to supervise and maintain XI

CHAPTERâs fraternity house in a safe condition, as Plaintiff was plied with alcohol and drugs to

the point of intoxication by members of XI CHAPTERâs fraternal organization, which resulted in

Plaintiff being sexually assaulted and raped by members of XI CHAPTERâs regional fraternal

organization at Cornell University, operating out of the fraternity house known as Chi Phi

Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. 60. That at all relevant times, JOHN DOE (ALUMNI) (hereinafter âALUMNIâ) was

and is the designated alumni advisor appointed by CHI PHI NATIONAL as the official liaison

between XI CHAPTER and CHI PHI NATIONAL. 61. That at all relevant times, ALUMNI, as alumni advisor, was and is assigned by CHI

PHI NATIONAL to oversee XI CHAPTER, the Cornell University regional chapter of CHI PHI

NATIONALâs international fraternal organization. 12

62. That at all relevant times, ALUMNI, as alumni advisor, was acting as an agent

and/or employee of CHI PHI NATIONAL. 63. That at all relevant times, CHI PHI NATIONAL was and is vicariously liable under

respondeat superior for the negligent acts and omissions of ALUMNI. 64. That at all relevant times, ALUMNI, as alumni advisor, was responsible for

supervising and maintaining in a safe condition XI CHAPTERâs fraternity house and its members

thereat, located 118 Triphammer Rd, Ithaca, New York 14850, situated within the confines of

CORNELLâs university campus. 65. That at all relevant times, ALUMNI, as alumni advisor, held themself out to the

public, and more particularly to Plaintiff herein, as possessing the proper degree of knowledge and

training to adequately protect CORNELLâs students, including Plaintiff herein, and to use

reasonable care and diligence in its monitoring and policing of XI CHAPTERâs fraternity house

and those fraternity members living in and utilizing said house. 66. That at all relevant times, while Plaintiff was lawfully within XI CHAPTERâs

house, of which ALUMNI, as alumni advisor, breached their duty to supervise and maintain XI

CHAPTERâs fraternity house in a safe condition, as Plaintiff was plied with alcohol and drugs to

the point of intoxication by members of XI CHAPTERâs fraternal organization, which resulted in

Plaintiff being sexually assaulted and raped by members of XI CHAPTER, CHI PHI

NATIONALâs regional fraternal organization at Cornell University, operating out of the fraternity

house known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. 67. That at all relevant times, JOHN DOES (EXEC) (hereinafter jointly âEXECâ) was

and is the cumulative Executive Board of XI CHAPTER, the regional chapter of CHI PHI

NATIONAL upon CORNELLâs university campus, operating out of the fraternity house known 13

as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. 68. That at all relevant times, EXEC was and is comprised of a group of elected XI

CHAPTER members who run the day-to-day operations of the Xi Chapter of Chi Phi Fraternity,

the regional chapter of CHI PHI NATIONAL upon CORNELLâs university campus, operating out

of the fraternity house known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York

14850. 69. That at all relevant times, EXEC was and is comprised of officers with titles such

as: President, Vice President, Treasurer, Secretary, Risk Manager, Recruitment Chair, Social

Chair, among other executive titles. 70. That at all relevant times, EXEC was and is subject to CHI PHI NATIONALâs

constitution and bylaws as well as XI CHAPTERâs regional constitution and bylaws. 71. That at all relevant times, EXEC was and is subject to CORNELLâs constitution,

bylaws, code of conduct, and student organizational rules and regulations. 72. That at all relevant times, EXEC was responsible for supervising and maintaining

in a safe condition, XI CHAPTERâs fraternity house and its members thereat, located 118

Triphammer Rd, Ithaca, New York 14850, situated within the confines of CORNELLâs university

campus, 73. That at all relevant times, EXEC held themself out to the public, and more

particularly to Plaintiff herein, as possessing the proper degree of knowledge and training to

adequately protect CORNELLâs students, including Plaintiff herein, and to use reasonable care

and diligence in its monitoring and policing of XI CHAPTERâs fraternity house and those

fraternity members living in and utilizing said house. 74. That at all relevant times, while Plaintiff was lawfully within XI CHAPTERâs 14

house, of which EXEC breached their duty to supervise and maintain XI CHAPTERâs fraternity

house in a safe condition, as Plaintiff was plied with alcohol and drugs to the point of intoxication

by members of XI CHAPTERâs fraternal organization, which resulted in Plaintiff being sexually

assaulted and raped by members of XI CHAPTERâs regional fraternal organization at Cornell

University, operating out of the fraternity house known as Chi Phi Fraternity located at 107

Edgemoor Ln, Ithaca, New York 14850. 75. That at all relevant times, ORAZIO PETITO (hereinafter âPETITOâ) was and is

the elected President of the Executive Board of XI CHAPTER, the regional chapter of CHI PHI

NATIONAL upon CORNELLâs university campus, operating out of the fraternity house known

as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. 76. That at all relevant times, PETITO was and is a CORNELL student, as well as a

member of XI CHAPTER, the regional chapter of the greater CHI PHI NATIONAL. 77. That at all relevant times, PETITO was and is subject to CHI PHI NATIONALâs

constitution and bylaws as well as XI CHAPTERâs regional constitution and bylaws. 78. That at all relevant times, PETITO was and is subject to CORNELLâs constitution,

bylaws, code of conduct, and student organizational rules and regulations. 79. That at all relevant times, PETITO was responsible for supervising and maintaining

in a safe condition, XI CHAPTERâs fraternity house and its members thereat, located 118

Triphammer Rd, Ithaca, New York 14850, situated within the confines of CORNELLâs university

campus, 80. That at all relevant times, PETITO held himself out to the public, and more

particularly to Plaintiff herein, as possessing the proper degree of knowledge and training to

adequately protect CORNELLâs students, including Plaintiff herein, and to use reasonable care 15

and diligence in its monitoring and policing of XI CHAPTERâs fraternity house and those

fraternity members living in and utilizing said house. 81. That at all relevant times, while Plaintiff was lawfully within XI CHAPTERâs

house, of which PETITO breached his duty to supervise and maintain XI CHAPTERâs fraternity

house in a safe condition, as Plaintiff was plied with alcohol and drugs to the point of intoxication

by members of XI CHAPTERâs fraternal organization, which resulted in Plaintiff being sexually

assaulted and raped by members of XI CHAPTERâs regional fraternal organization at Cornell

University, operating out of the fraternity house known as Chi Phi Fraternity located at 107

Edgemoor Ln, Ithaca, New York 14850. 82. That at all relevant times, Defendant ZAREEN ENTERPRISE LLC d/b/a

MOONIES BAR & NIGHTCLUB (hereinafter âMOONIESâ) was and is a domestic limited

liability company with its principal address located at 409 Eddy Street, Ithaca, New York, 14850. 83. That at all relevant times, Defendant MOONIES maintained, controlled, and

operated Moonies Bar & Nightclub located at 114 E State Street, Ithaca, New York 14850. 84. That at all relevant times, MOONIES maintained a liquor license for Moonies Bar

& Nightclub, where MOONIES, its employees, servants and agents, served invitees and/or guests

with alcoholic beverages. 85. That at all relevant times, MOONIES held itself out to the public, and more

particularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately

protect its invitees and/or guests and to use reasonable care and diligence in its monitoring and

policing of Moonies Bar & Nightclub and those utilizing the premises thereat. 86. That at all relevant times, while Plaintiff was lawfully within MOONIES bar, of

which MOONIES had and has complete control, Plaintiff, as a minor under 21 years old, was 16

served with alcohol to the point of visible intoxication by members of MOONIESâs staff, which

resulted in Plaintiff being sexually assaulted and raped by members of CHI PHIâs Xi Chapter at

Cornell University, at the fraternity house known as Chi Phi Fraternity located at 107 Edgemoor

Ln, Ithaca, New York 14850. 87. That at all relevant times, Defendant MATTHEW INGALLS (hereinafter

âINGALLSâ) was and is an adult male. 88. That at all relevant times, INGALLS was a full-time undergraduate student

attending Cornell University. 89. That at all relevant times, INGALLS was a member of CHI PHIâs Xi Chapter at

Cornell University. 90. That at all relevant times, Defendant JOHNATHAN NEWELL (hereinafter

âNEWELLâ) was and is an adult male. 91. That at all relevant times, NEWELL was a full-time undergraduate student

attending Cornell University. 92. That at all relevant times, NEWELL was a member of CHI PHIâs Xi Chapter at

Cornell University. 93. That at all relevant times, Defendant WINSTON LEE (hereinafter âLEEâ) was and

is an adult male. 94. That at all relevant times, LEE was a full-time undergraduate student attending

Cornell University. 95. That at all relevant times, LEE was a member of CHI PHIâs Xi Chapter at Cornell

University. 96. That at all relevant times, Defendant GILLIO LOPES (hereinafter âLOPESâ) was 17

and is an adult male. 97. That at all relevant times, LOPES was a full-time undergraduate student attending

Cornell University. 98. That at all relevant times, LOPES was a member of CHI PHIâs Xi Chapter at

Cornell University. 99. That at all relevant times, Defendant DIEGO SARABIA (hereinafter âSARABIAâ)

was and is an adult male. 100. That at all relevant times, SARABIA was a full-time undergraduate student

attending Cornell University. 101. That at all relevant times, SARABIA was a member of CHI PHIâs Xi Chapter at

Cornell University. 102. That at all relevant times, Defendant SCOTT NORRIS (hereinafter âNORRISâ)

was and is an adult male. 103. That at all relevant times, NORRIS was a full-time undergraduate student attending

Cornell University. 104. That at all relevant times, NORRIS was a member of CHI PHIâs Xi Chapter at

Cornell University. 105. That at all relevant times, Defendant SCOTT KRETZSCHMAR (hereinafter

âKRETZSCHMARâ) was and is an adult male. 106. That at all relevant times, KRETZSCHMAR was a full-time undergraduate student

attending Cornell University. 107. That at all relevant times, KRETZSCHMAR was a member of CHI PHIâs Xi

Chapter at Cornell University. 18

108. Plaintiff JANE DOE seeks damages from all Defendants for their actions and more

specifically seeks damages from Defendants CORNELL, XI CHAPTER, CHI PHI NATIONAL,

ALPHA BETA CHAPTER, TRI-DELTA NATIONAL, FACULTY, ALUMNI, EXEC, and

ORAZIO PETITO, who were and are legally responsible for the acts complained of herein that

were committed by Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and

KRETZSCHMAR, and failed to properly supervise and/or monitor the activities of Defendants

INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. JURISDICTION AND VENUE 109. Venue is proper because Plaintiff JANE DOE currently resides in the State and

County of New York. 110. Venue is proper because Defendant CORNELL is a private institution of higher

education located in and authorized to transact business in New York with office located in New

York County as well as Tompkins County, New York. 111. Venue is proper because Defendant XI CHAPTER is a domestic not-for-profit

corporation located in and authorized to transact business in New York with its principal office

located in Tompkins County, New York. 112. Venue is proper because Defendant CHI PHI NATIONAL is a domestic not-for-

profit corporation located in and authorized to transact business in New York with a regional

subsidiary known as the Xi Chapter, located in Tompkins County, New York. 113. Venue is proper because Defendant ALPHA BETA CHAPTER is a domestic not-

for-profit corporation located in and authorized to transact business in New York with its principal

office located in Tompkins County, New York. 114. Venue is proper because Defendant TRI-DELTA NATIONAL is a domestic not- 19

for-profit corporation located in and authorized to transact business in New York with a regional

subsidiary known as the Alpha Beta Chapter, located in Tompkins County, New York. 115. Venue is proper because Defendant MOONIES is a domestic limited liability

company located in and authorized to transact business in New York with its principal office

located in Tompkins County, New York. 116. The amount of damages sought herein exceeds the jurisdictional limit of all lower

courts which would otherwise have jurisdiction. FOREWORD 117. In August 2022, Plaintiff was 18 years old when she flew across the country from

her family home to begin her studies at Cornell University (the âUniversityâ), with similar hopes,

expectations and trepidations of other high school graduates embarking on something so seemingly

monumental. She arrived on a campus where the University actively promoted Greek membership

as a âvitalâ part of the campus community and endorsed these organizations as well- managed,

worthy pathways to new friendships and improving oneâs educational and professional

opportunities. Large fraternity and sorority houses were in prominent locations on campus. 118. Before and when Plaintiff set foot on campus, she never knew that the University

had been the scene of numerous incidents of sexual assault and rape in the months and years prior

to her arrival. Students were afraid, protesting, and demanding reforms. 119. By this time, the University had established campus organizations to address these

prevailing issues, such as the SHARE (âSexual Harassment & AssaultâResponse & Educationâ)

Office, implementing anti-sexual violence training in the Universityâs Greek houses, advising

incoming students about the risks of sexual assault and harassment in college, and offering support

services to victims/survivors. 20

120. These reforms took place after Resolution 34 was passed in on March 19, 2021,

requesting that âCornell University review policies and action items over fraternity system,

including reform, disband or abolishâ and have the âOffice of Sorority and Fraternity Life to

perform a yearly review of all fraternities and any fraternity accused of sexual harassment will be

placed on probation or have its recognition revoked.â 121. Even still, in the following Fall 2022 semester, Cornell University saw at least 5

reported cases of drugging and 2 reports of sexual assault on Cornellâs campus, all of which

occurred at fraternity addresses. This triggered a response from the Cornell University Student

Assembly who presented Resolution 16: Condemning Greek Life on December 1, 2022. 122. Plaintiff also never knew that the dangers of fraternities were so widespread in the

decade before her arrival that they had been ranked as the âsixth worst risk for insurance companies

â just behind hazardous waste disposal companies and asbestos contractors.â So dangerous were

their activities that their commercial insurance carriers declined insuring them any further. 123. National fraternities and sororities and their executives knew that fraternity

chapters and members were incapable of responsibly managing the provision, use and misuse of

alcohol and drugs in fraternity houses, during recruiting, and at Greek-sponsored events. One

fraternity executive and industry leader confirmed that 99% of insurance claims were related to

the misuse of alcohol. Fraternity recruiting events with alcohol would eventually be labeled by

another fraternity executive and industry leader as being the âdeadliest nights.â 124. Further, Plaintiff was also unaware that a President of Psi Upsilon at Cornell

University, Wolfgang Ballinger, was charged with first-degree attempted rape, first-degree

criminal sex act with a helpless victim, and sexual misconduct after raping a female student at his

fraternity residence in 2016. 21

125. Furthermore, in November 2022, Cornellâs campus police issued alerts that a

female student was sexually assaulted and at least four other students were drugged at off-campus

fraternity parties.1 126. During this period, a loose coalition of student activists began a movement known

as the Ban Greek Life or Abolish Greek Life Movement which gained significant momentum in

2020 and continues to present. 127. However, despite the Abolish Greek Life Movement and all the bad press that

fraternities and sororities had been receiving in the media since the early 2000s, upon her arrival

at Cornell, Plaintiff immediately encountered a glorified â yet materially false and misleading â

faÃ§ade of Cornell University Greek life. 128. ALPHA BETA CHAPTER, a regional member of TRI-DELTA NATIONALâs

national sorority, established at Cornell University in 1913, operated and recruited new members

and revenue through its Alpha Beta Chapter, which was housed in a stately, all-brick mansion

situated in a prominent location on campus. 129. The University provided its facilities, staff and resources to schedule and organize

ârush,â which encouraged students to join these organizations after reviewing and relying upon

the promotional information it and the Greek organizations provided. 130. Plaintiff followed the pathway, applied for, and accepted a bid to pledge TRI-

DELTA NATIONALâs Alpha Beta Chapter. ALPHA BETA CHAPTER quickly became her first

choice after rush began. She was drawn to the sorority and its promises of sisterhood and lifelong

friendships, the status it conferred on its members, and the community it provided on campus when

she was over 1,000 miles away from home. By this date, TRI-DELTA NATIONALâs leadership

1
https://www.nytimes.com/2022/11/07/nyregion/cornell-fraternities-sexual-assault.html 22

had banned the presence and use of alcohol and drugs in its chapter houses, presumably based

upon its knowledge that its mismanagement had resulted in numerous incidents of rapes and other

injuries. FACTS COMMON TO ALL CAUSES OF ACTION 131. Plaintiff JANE DOE repeats and re-alleges the above allegations. 132. That the occurrence complained of herein took place within CHI PHI

NATIONALâs Xi Chapterâs fraternity house, located upon CORNELLâs campus, at the address

107 Edgemoor Ln, Ithaca, New York 14850, where Plaintiff was drugged and raped by multiple

members of CHI PHI NATIONALâs fraternal organization. At all relevant times, Plaintiff was

attending CORNELL as a full-time undergraduate student and was residing on CORNELLâs

campus within TRI-DELTA NATIONALâs Alpha Beta Chapter sorority house, located at 118

Triphammer Rd, Ithaca, New York 14850. 133. On the evening of October 19, 2024, into the morning of October 20, 2024, Plaintiff

DOE was the victim of one or more criminal sex acts at the hands of Defendants INGALLS,

NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR (hereinafter âStudent

Defendantsâ). 134. Plaintiff DOE was in a very vulnerable situation when she was sexually assaulted

by Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and

KRETZSCHMAR, of which the Student Defendants were fully aware. 135. On October 19, 2024, TRI-DELTA NATIONALâs Alpha Beta Chapter was hosting

a social event at Moonies Bar & Nightclub located at 114 E State St, Ithaca, NY 14850. 136. On October 19, 2024, prior to the event at Moonies, Plaintiff consumed Titoâs

vodka within TRI-DELTA NATIONALâs Alpha Beta Chapterâs sorority house located at 118 23

Triphammer Rd, Ithaca, New York 14850, until she was intoxicated. 137. Thereafter, around 8:30 PM, Plaintiff took an Uber from ALPHA BETA

CHAPTERâs sorority house on CORNELLâs campus to Moonies Bar & Nightclub, accompanied

by the Chapterâs Sorority House Mother, âJadeâ. 138. When Plaintiff arrived at Moonies, around 9 PM, the bouncer placed an âXâ on

each of her hands, to signify she was under 21 years old. 139. Despite having underage marks on her hands, Plaintiff was served and consumed

at least one alcoholic beverage at Moonies. 140. Within Moonies, TRI-DELTA NATIONALâs Alpha Beta Chapter had designated

sober monitors, tasked with ensuring the safety and well-being of attendees and monitoring their

fellow sorority sisters for signs of excessive intoxication and/or disruptive behavior. 141. Around 10 PM, Plaintiff and other sorority sisters left the event at Moonies and

walked to another bar nearby known as Lot 10 Bar and Lounge, located at 106 S Cayuga St, Ithaca,

NY 14850. 142. At Lot 10, Plaintiff was given an âunder 21â wristband. 143. Around 11 PM, Plaintiff decided to leave Lot 10 and stumbled alone to CHI PHI

NATIONALâs Xi Chapter fraternity house on CORNELLâs campus, located at 107 Edgemoor Ln,

Ithaca, New York 14850, to hang out with her friend, Defendant INGALLS. 144. When Plaintiff arrived at XI CHAPTERâs fraternity house, Plaintiff was visibly

intoxicated as she had consumed about 10 standard drinks within the past 3 hours. 145. Plaintiff was let into XI CHAPTERâs fraternity house by three or four members of

the fraternity who had been standing by the front door. 146. Therein, Plaintiff saw Defendant INGALLS, who greeted Plaintiff and gave her a 24

beer. 147. Plaintiff and Defendant INGALLS then danced together in the main room of the

fraternity house. 148. After dancing, Defendant INGALLS pulled Plaintiff off to a quieter area and

propositioned her with having a threesome with her and another one of his fraternity brothers. 149. In her drunken state, Plaintiff was incapable of consenting to this proposition. 150. Despite being incapable of consent, Defendant INGALLS then led Plaintiff to the

upstairs of the fraternity house and left her with Alex Vega, another XI CHAPTER member. 151. After speaking with Alex for some time, Defendant INGALLS returned and led

Plaintiff to another room down the hall, where Defendant NEWELL was sitting on a couch. 152. While on the couch, Defendant INGALLS and NEWELL began passing around a

plastic bag containing a white, powdery substance claimed to be Ketamine, a dissociative

anesthetic with hallucinogenic properties. 153. Defendants INGALLS and NEWELL then pressured Plaintiff into snorting the

alleged Ketamine with them, a drug she had never done before. 154. During this time, Defendant INGALLS and NEWELL also plied Plaintiff with

marijuana and âJamaican Liquorâ believed to be some type of high-proof rum. 155. Soon after, Defendant INGALLS and NEWELL began engaging in sexual acts with

Plaintiff, all without her consent. 156. During the assault, Defendant INGALLS forced oral sex on Plaintiff while

Defendant NEWELL forced vaginal intercourse on her from behind. 157. Throughout the assault, Defendant NEWELL slapped Plaintiff on the buttocks

multiple times, resulting in bruising. 25

158. At one point, Defendant INGALLS could no longer maintain an erection, so he

stopped participating and told the other two that he was going to take a nap and proceeded to get

up, move to a bed, and sleep. 159. Defendant NEWELL then began reaching for her vagina with his hand multiple

times, and each time, Plaintiff pushed his hand away. 160. Soon after, Defendant LOPES entered the room, grabbed Plaintiff away from

Defendant NEWELL, and began kissing her, while Defendant NEWELL groped her from behind,

specifically reaching for her vagina. 161. Defendant LOPES and NEWELL then placed Plaintiff on a bed and the two men

began having sex with Plaintiff, initiating another assault, all without Plaintiffâs consent. 162. At approximately 1:42 AM, Defendant NEWELL sent a message into the XI

CHAPTERâs member Snapchat group entitled âChi Phi Activesâ, in which the active fraternity

members are present, claiming there was âfree pussyâ upstairs, referring to Plaintiff thereat. 26

âChi Phi Activesâ Snapchat Group (October 20, 2024, at 1:42 AM) 27

163. In doing so, Defendant NEWELL organized and encouraged other XI CHAPTER

members to join in on the gang rape of Plaintiff in the XI CHAPTER fraternity house. 164. At this point, multiple other members of XI CHAPTER entered the room and

Plaintiff retreated under the covers of the bed, to hide her naked body from the fraternity men. 165. Soon after, Defendant SARABIA approached Plaintiff, grabbed her face and started

kissing her, all without her consent, and Plaintiff pushed him away. 166. At that point, Plaintiffâs phone was on the other side of the room and she felt as if

there was no way for her to escape this room full of predatory, fraternity men. 167. Defendant NEWELL then poured a line of Ketamine onto his erect penis and

commanded that Plaintiff snort it, which she did. 168. Defendant NEWELL then got in the bed with Plaintiff and began groping her and

reaching for her vagina, again. 169. While Plaintiff was lying on her back on the bed, Defendants INGALLS,

NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, then began pouring lines

of Ketamine all over her body and snorting them. 170. Eventually, Defendants NEWELL, LOPES, SARABIA, NORRIS, and

KRETZSCHMAR, decided to exit this room and Plaintiff was removed by Defendantâs INGALLS

and LEE to another, smaller room, believed to be the Fraternity Presidentâs Office. 171. Once inside, Defendants INGALLS and LEE made more lines of Ketamine and

instructed Plaintiff to snort one, which she did. 172. By this point, Plaintiff was completely incapacitated. 173. Thereafter, Defendant INGALLS and LEE initiated another assault of Plaintiff,

forcing oral and vaginal sex upon her simultaneously. 28

174. At around 5:45 AM, this assault concluded and Plaintiff lost consciousness. 175. When Plaintiff awoke later that day, on October 20, 2024, Plaintiff returned to her

residence within the ALPHA BETA CHAPTER sorority house. 176. At this point, Plaintiff was in a state of shock. 177. At her residence, Plaintiff noticed a large bruise that had formed on her buttocks

and took preemptive medication for a urinary tract infection (UTI). 178. Later that day, Plaintiff became aware that what had happened to her at the XI

CHAPTER house the previous night was becoming public knowledge on CORNELLâs campus. 179. With the encouragement of her friends, on or about November 8, 2024, Plaintiff

reported the incident to CORNELLâs private police force known as Cornell University Police

Department located at 117 Statler Drive G2 Barton Hall, Ithaca, NY 14853. 180. On or about November 8, 2024, XI CHAPTER was placed on a temporary

suspension for alleged violations of the Student Code of Conduct. 181. On or about November 8, 2024, temporary suspensions were also issued for several

students, including Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and

KRETZSCHMAR, who were afforded the opportunity to mitigate their conduct by submitting

essays to CORNELL. 182. On November 26, 2024, CORNELL released a University Statement entitled

âUpdate on disturbing allegations of sexual violenceâ, providing an update on its ongoing

investigation into the âserious and deeply disturbing allegations of drug abuse and sexual violence

at the Chi Phi fraternity houseâ 2 as further described in this Complaint. 183. On or about January 14, 2025, CORNELL commenced a Title IX investigation in

2
https://statements.cornell.edu/2024/20241126-update.cfm 29

response to Plaintiffâs Formal Complaint, filed with CORNELLâs Title IX Coordinator. 184. From May 2, 2025, up and through May 29, 2025, CORNELLâs Title IX Office

conducted numerous (at least twelve) hearings regarding Plaintiffâs allegations herein. 185. On November 4, 2025, CORNELL released a University Statement entitled â2025

Cornell Survey of Sexual Assault and Related Misconduct resultsâ noting an increased prevalence

of sexual misconduct on its campus, among other troubling results.3 186. Upon information and belief, CORNELLâs Title IX investigation is concluded. 187. Upon information and belief, the matter is also still being investigated by the Ithaca

Police Department. 188. At all times relevant, not only did Defendants INGALLS, NEWELL, LEE, LOPES,

SARABIA, NORRIS, and KRETZSCHMAR violate applicable law, but also violated the terms

outlined in the Cornell Student Code of Conduct (effective August 2, 2021). 189. Upon information and belief, at all relevant times, Defendant CORNELL managed,

maintained, supervised, operated, and controlled the facilities, locations, and equipment that

Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR,

used to sexually abuse Plaintiff. 190. At all relevant times, Defendant CORNELL hired, managed, supervised, and

controlled the officers, managers, supervisors, administrators, and staff that worked and/or

volunteered at its facilities and locations, where Plaintiff was sexually assaulted and raped by

INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR 191. At all relevant times Defendant CORNELL held itself out to the public as the owner

of its facilities and locations, including the XI CHAPTERâs fraternity house, where Plaintiff was

3
https://statements.cornell.edu/2025/20251104-sarm-survey.cfm 30

sexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA,

NORRIS, and KRETZSCHMAR. 192. At all relevant times, Defendant CORNELL held out its agents, servants, and

employees to the public as those who managed, maintained, supervised, operated, and controlled

its facilities and locations, including the XI CHAPTERâs fraternity house, where Plaintiff was

sexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA,

NORRIS, and KRETZSCHMAR. 193. At all relevant times, Plaintiff was in the care, custody, and control of Defendant

CORNELL when she was sexually abused by Defendants INGALLS, NEWELL, LEE, LOPES,

SARABIA, NORRIS, and KRETZSCHMAR, while she was using its facilities, locations, and

equipment, and more specifically, while Plaintiff was within the XI CHAPTERâs fraternity house

on CORNELLâs campus. 194. At all relevant times, Defendant CORNELL failed to prevent and/or allowed the

Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR,

to sexually assault and rape Plaintiff. 195. At all relevant times, Defendant CORNELL failed to prevent and/or allowed

Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR,

to sexually abuse Plaintiff using property that was owned, operated, and/or controlled by

Defendant CORNELL including its facilities, locations, and equipment. 196. At all relevant times, Defendant CORNELL knew or should have known that its

negligent conduct would inflict severe emotional and psychological distress, as well as personal

physical injury, on others, including Plaintiff, and she did in fact suffer severe emotional and

psychological distress and personal physical injury because of its wrongful conduct. 31

197. Upon information and belief, at all relevant times, Defendant CHI PHI NATIONAL

managed, maintained, supervised, operated, and controlled the facilities, locations, and equipment

that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and

KRETZSCHMAR used to sexually abuse Plaintiff. 198. At all relevant times, Defendant CHI PHI NATIONAL hired, managed, supervised,

and controlled the officers, managers, supervisors, administrators, and staff that worked and/or

volunteered at its facilities and locations, where Plaintiff was sexually assaulted and raped by

Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. 199. At all relevant times Defendant CHI PHI NATIONAL held itself out to the public

as the owner of its facilities and locations, including the XI CHAPTERâs fraternity house, where

Plaintiff was sexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES,

SARABIA, NORRIS, and KRETZSCHMAR. 200. At all relevant times, Defendant CHI PHI NATIONAL held out its agents, servants,

and employees to the public as those who managed, maintained, supervised, operated, and

controlled its facilities and locations, including the XI CHAPTERâs fraternity house, where

Plaintiff was sexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES,

SARABIA, NORRIS, and KRETZSCHMAR. 201. At all relevant times, Plaintiff was in the care, custody, and control of Defendant

CHI PHI NATIONAL when she was sexually abused by Defendants INGALLS, NEWELL, LEE,

LOPES, SARABIA, NORRIS, and KRETZSCHMAR, while she was using its facilities, locations,

and equipment, and more specifically, while Plaintiff was within the XI CHAPTERâs fraternity

house on CORNELLâs campus. 202. At all relevant times, Defendant CHI PHI NATIONAL failed to prevent and/or 32

allowed Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and

KRETZSCHMAR to sexually assault and rape Plaintiff. 203. At all relevant times, Defendant CHI PHI NATIONAL failed to prevent and/or

allowed Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and

KRETZSCHMAR to sexually abuse Plaintiff using property that was owned, operated, and/or

controlled by Defendant CHI PHI NATIONAL including its facilities, locations, and equipment. 204. At all relevant times, Defendant CHI PHI NATIONAL knew or should have known

that its negligent conduct would inflict severe emotional and psychological distress, as well as

personal physical injury, on others, including Plaintiff, and she did in fact suffer severe emotional

and psychological distress and personal physical injury because of its wrongful conduct. 205. By reason of the wrongful acts and omissions of Defendants CORNELL, CHI PHI

NATIONAL, XI CHAPTER, ALPHA BETA CHAPTER, TRI-DELTA-NATIONAL,

MOONIES, FACULTY, ALUMNI, EXEC, PETITO, and all Student Defendants INGALLS,

NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR as detailed herein,

Plaintiff DOE sustained injuries, including but not limited to, severe emotional and psychological

distress, humiliation, fright, dissociation, anger, depression, anxiety, a severe shock to her nervous

system, physical pain and mental anguish, and emotional and psychological damage. 206. Upon information and belief, some or all of these injuries are of a permanent and

lasting nature, and Plaintiff has and/or will become obligated to expend sums of money for

treatment. AS AND FOR A FIRST CAUSE OF ACTION: NEGLIGENCE 207. Plaintiff repeats, reiterates and realleges each and every allegation contained in the

paragraphs above, as if the same were set forth more fully at length herein. 33

208. At all relevant times, Defendant CORNELL had a duty to take reasonable steps to

protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control,

including when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was

utilizing its facilities, locations, and equipment. 209. At all relevant times, Defendant CORNELL breached the foregoing duty by failing

to exercise reasonable care to prevent Student Defendants INGALLS, NEWELL, LEE, LOPES,

SARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was

in its care, custody, and control, including when Plaintiff was a full-time undergraduate student of

Defendant CORNELL and was utilizing its facilities, locations, and equipment. 210. At all relevant times, Defendant CORNELL breached the foregoing duty by failing

to exercise reasonable care to prevent Student Defendants INGALLS, NEWELL, LEE, LOPES,

SARABIA, NORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities

to sexually abuse Plaintiff, including its facilities, locations, and equipment. 211. At all relevant times, Defendant CORNELL breached the foregoing duties by

failing to exercise reasonable care in supervising Student Defendants INGALLS, NEWELL, LEE,

LOPES, SARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises,

and instrumentalities, including failing to investigate complaints and concerns about their

behavior; failing to exercise reasonable care in training its agents and employees to supervise

Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR,

including recognizing signs that they were using their positions to sexually abuse fellow students;

failing to exercise reasonable care in supervising Plaintiff while she was in its care, custody, and

control, including the ongoing activities at the XI CHAPTERâs fraternity house located on its

campus; and, in failing to warn Plaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, 34

SARABIA, NORRIS, and KRETZSCHMAR may pose a danger to Plaintiff in that they might

sexually abuse her. 212. As a direct and proximate result of the wrongful acts and omissions of Defendant

CORNELL, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and

KRETZSCHMAR were able to use their positions to sexually abuse Plaintiff. 213. As a direct and proximate result of the wrongful acts and omissions of Defendant

CORNELL, Plaintiff DOE sustained physical and psychological injuries, including but not limited

to, severe emotional and psychological distress, humiliation, fright, dissociation, anger,

depression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and

emotional and psychological damage, and, upon information and belief, some or all of these

injuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to

expend sums of money for treatment. 214. At all relevant times, Defendant XI CHAPTER had a duty to take reasonable steps

to protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control,

including when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was

utilizing its facilities, locations, and equipment. 215. At all relevant times, Defendant XI CHAPTER breached the foregoing duty by

failing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES,

SARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was

in its care, custody, and control, including when Plaintiff was a full-time undergraduate student of

Defendant CORNELL and was utilizing its facilities, locations, and equipment. 216. At all relevant times, Defendant XI CHAPTER breached the foregoing duty by

failing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, 35

SARABIA, NORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities

to sexually abuse Plaintiff, including its facilities, locations, and equipment. 217. At all relevant times, Defendant XI CHAPTER breached the foregoing duties by

failing to exercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES,

SARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and

instrumentalities, including failing to investigate complaints and concerns about their behavior;

failing to exercise reasonable care in training its agents and employees to supervise Defendants

INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including

recognizing signs that they were using their positions to sexually abuse fellow students; failing to

exercise reasonable care in supervising Plaintiff while she was in its care, custody, and control,

including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to warn

Plaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and

KRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her. 218. As a direct and proximate result of the wrongful acts and omissions of Defendant

XI CHAPTER, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and

KRETZSCHMAR were able to use their positions to sexually abuse Plaintiff. 219. As a direct and proximate result of the wrongful acts and omissions of Defendant

XI CHAPTER, Plaintiff DOE sustained physical and psychological injuries, including but not

limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger,

depression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and

emotional and psychological damage, and, upon information and belief, some or all of these

injuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to

expend sums of money for treatment. 36

220. At all relevant times, Defendant CHI PHI NATIONAL had a duty to take

reasonable steps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care,

custody, and control, including when Plaintiff was a full-time undergraduate student of Defendant

CORNELL and was utilizing its facilities, locations, and equipment. 221. At all relevant times, Defendant CHI PHI NATIONAL breached the foregoing duty

by failing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES,

SARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was

in its care, custody, and control, including when Plaintiff was a full-time undergraduate student of

Defendant CORNELL and was utilizing its facilities, locations, and equipment. 222. At all relevant times, Defendant CHI PHI NATIONAL breached the foregoing duty

by failing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES,

SARABIA, NORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities

to sexually abuse Plaintiff, including its facilities, locations, and equipment. 223. At all relevant times, Defendant CHI PHI NATIONAL breached the foregoing

duties by failing to exercise reasonable care in supervising Defendants INGALLS, NEWELL,

LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks,

premises, and instrumentalities, including failing to investigate complaints and concerns about

their behavior; failing to exercise reasonable care in training its agents and employees to supervise

Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR,

including recognizing signs that they were using their positions to sexually abuse fellow students;

failing to exercise reasonable care in supervising Plaintiff while she was in its care, custody, and

control, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to

warn Plaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and 37

KRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her. 224. As a direct and proximate result of the wrongful acts and omissions of Defendant

CHI PHI NATIONAL, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS,

and KRETZSCHMAR were able to use their positions to sexually abuse Plaintiff. 225. As a direct and proximate result of the wrongful acts and omissions of Defendant

CHI PHI NATIONAL, Plaintiff DOE sustained physical and psychological injuries, including but

not limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger,

depression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and

emotional and psychological damage, and, upon information and belief, some or all of these

injuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to

expend sums of money for treatment. 226. At all relevant times, Defendant ALPHA BETA CHAPTER had a duty to take

reasonable steps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care,

custody, and control, including when Plaintiff was a full-time undergraduate student of Defendant

CORNELL and was utilizing its facilities, locations, and equipment, including the ALPHA BETA

CHAPTERâs sorority house on CORNELLâs campus and its social event held at Moonies Bar &

Nightclub. 227. At all relevant times, Defendant ALPHA BETA CHAPTER breached the foregoing

duty by failing to exercise reasonable care to prevent Plaintiff from binge drinking at its sorority

house on CORNELLâs campus, when Plaintiff was in its care, custody, and control, and was

utilizing its facilities, locations, and equipment, including the ALPHA BETA CHAPTER sorority

house on CORNELLâs campus and its social event held at Moonies Bar & Nightclub. 228. At all relevant times, Defendant ALPHA BETA CHAPTER breached the foregoing 38

duty by failing to exercise reasonable care to prevent underage members from binge drinking at

its sorority house and its social events. 229. At all relevant times, Defendant ALPHA BETA CHAPTER breached the foregoing

duties by failing to exercise reasonable care in supervising Plaintiff when she was using its tasks,

premises, and instrumentalities, including failing to adequately train its designated sober monitors;

failing to adequately train its designated House Mother; failing to investigate complaints and

concerns about member behavior; failing to exercise reasonable care in training its agents and

employees to supervise Plaintiff, including recognizing signs that she was intoxicated and drinking

alcohol under the age of 21-years-old; failing to exercise reasonable care in supervising Plaintiff

while she was in its care, custody, and control, including the ongoing activities at the ALPHA

BETA CHAPTER sorority house located on its campus; and, in failing to warn Plaintiff that she

might be sexually abused by other Greek Life members. 230. As a direct and proximate result of the wrongful acts and omissions of Defendant

ALPHA BETA CHAPTER, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA,

NORRIS, and KRETZSCHMAR were able to use their positions to sexually abuse Plaintiff. 231. As a direct and proximate result of the wrongful acts and omissions of Defendant

ALPHA BETA CHAPTER, Plaintiff DOE sustained physical and psychological injuries,

including but not limited to, severe emotional and psychological distress, humiliation, fright,

dissociation, anger, depression, anxiety, a severe shock to her nervous system, physical pain and

mental anguish, and emotional and psychological damage, and, upon information and belief, some

or all of these injuries are of a permanent and lasting nature, and Plaintiff has and/or will become

obligated to expend sums of money for treatment. 232. At all relevant times, Defendant TRI-DELTA NATIONAL had a duty to take 39

reasonable steps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care,

custody, and control, including when Plaintiff was a full-time undergraduate student of Defendant

CORNELL and was utilizing its facilities, locations, and equipment, including the ALPHA BETA

CHAPTERâs sorority house on CORNELLâs campus and its social event held at Moonies Bar &

Nightclub. 233. At all relevant times, Defendant TRI-DELTA NATIONAL breached the foregoing

duty by failing to exercise reasonable care to prevent Plaintiff from binge drinking at its sorority

house on CORNELLâs campus, when Plaintiff was in its care, custody, and control, and was

utilizing its facilities, locations, and equipment, including the ALPHA BETA CHAPTER sorority

house on CORNELLâs campus and its social event held at Moonies Bar & Nightclub. 234. At all relevant times, Defendant TRI-DELTA NATIONAL breached the foregoing

duty by failing to exercise reasonable care to prevent underage members from binge drinking at

its sorority house and its social events. 235. At all relevant times, Defendant TRI-DELTA NATIONAL breached the foregoing