It was a Monday evening around dinner time when a text popped up on Jane Doe’s cellphone on Oct. 21, 2024, less than 48 hours after a night of excessive drinking, drug use and group sex at the Chi Phi fraternity house on the Cornell University campus.
Over two weeks of intermittent texting, in messages obtained by CBS News, Doe told one of the fraternity members they shouldn’t feel shame and asked him to look for earrings she thought she lost that night.
She also told him, in a message dated Nov. 3, that “90% of what happened that night was not consensual,” and the man replied that if he’d been “less f[—]ed up and even somewhat aware of the situation and how out of hand it got I would’ve shut it down,” adding, “i’m so so sorry.”
On Oct. 22, another text came in from a different man, the friend Jane Doe had gone to see at the fraternity house Saturday night before things allegedly got out of hand. The texts initially read as if they are two relatively close friends, but on Nov. 8, the tone changes abruptly from Doe, who writes, “I know you lied.”
Jane Doe’s lawyer, Thomas Giuffra, told CBS News her messages reflected “classic symptoms of delayed recognition,” calling it “a textbook response to sexual assault.”
Cornell’s Title IX investigation would later find both of these men responsible for sexual assault and they were expelled, according to her lawyer and The New York Times.
They are both named in her civil lawsuit but have not been charged with a crime. CBS News is identifying them here and in other coverage as MALE 1 and MALE 2, of the seven named in the suit. Both have denied wrongdoing. The district attorney declined to bring charges after an investigation in 2024.
Here are the full text exchanges, as obtained by CBS News, including messages that have not previously been reported:
Monday, Oct. 21, 2024
6:54 PM | [MALE 2]
Hey [JANE DOE] this is [MALE 2]. [REDACTED] gave me ur number. I just wanted to apologize for how things went down the other night. My memory’s kinda fuzzy abt a lot of it but me and [MALE 1] both feel like s[–]t for being too f[—]ed up to shut it down and kick people out before it got way out of hand. You’re an amazing person and I genuinely hope ur not catching as much heat from this as we r. We’ve been shutting down any stories we’ve heard but again I’m so so sorry.
10:05 PM | JANE DOE
aw [MALE 2] i really appreciate this text. my memories super clouded too. i think we were all way to f[—]ing drunk and high. i’m getting a little heat (pi phi girls ([REDACTED] and [REDACTED]) can’t get my name out of their mouth)) but that’s to be expected. but at the end of the day non of the sexual stuff was illegal and honestly i really liked being w u and [MALE 1]. so anything anyone has to say about the gamgbang is out of their jurisdiction. i don’t think we should feel any shame for the part. our body our choice asf,,
also yes while it may have been nice for like only 4 people to have been around, yall were both super out of it and they should have taken it on themselves to leave. at the end of the day you, [MALE 1], and i were in your bed and they didn’t need to get up in that.
but if you have any regrets or anything you want to talk about i am always here to talk about it cause that was a lot. i really do love u and [MALE 1] and i promise i wont get quiet and weird w u like i did last time <4
p.s. i’m not sure if u remember but i did ket off your d[—] at some point ? and i honestly think that was one of the most insane/jaw dropping moments of the night
Tuesday, Oct. 22, 2024
1:09 AM | [MALE 2]
I’m just glad ur ok, I was kinda upset w all the stories going around earlier but at the end of the day that’s all they r
[MALE 2]
And I have no memory of that last part😭
JANE DOE
oh jesus not the stories i don’t even think i wanna know. i know im socially a massive slut rn and i like can’t bare to hear it cause im really not.
JANE DOE (threaded reply to the message about having no memory)
insane truly
[MALE 2] (threaded reply to Jane Doe’s message about stories)
Funny enough I haven’t heard ur name yet in any of them, someone thought [REDACTED] od’d in the room tho
JANE DOE (marked “Edited” in screenshot)
i heard that one too but it was the night before??… honestly it was such a good time for it to happen cause i heard everyone went feral that friday and saturday
[MALE 2]
Oh ya it was
[MALE 2]
But pretty good timing, just makes everything less believable
JANE DOE
it’ll be funny in a couple months
[MALE 2]
So funny
JANE DOE
we should smoke again sometime but like leave out the extra 5 billion men and ketamine
[MALE 2]
Oh definitely
[MALE 2]
I’m off hard drugs for good
JANE DOE
oh also i lost two earrings so if u find them that’s my bad
JANE DOE
me too
[MALE 2]
I’ll look when I clean tmrw after class
JANE DOE
marked it on rice purity so i’m good i’ve got all the mom lore i need
[MALE 2]
😂
JANE DOE
✌️💋
Thursday, Oct. 24, 2024
1:16 AM | JANE DOE
[REDACTED] said i should talk to u rn? what happened
10:45 AM | [MALE 2]
Huh?
[MALE 2]
That’s odd nothing happened
12:03 PM | [MALE 2]
Ohh I was at pi phi last night I think that’s it
[MALE 2]
I went like fully prepared to be interrogated and deny everything but they never even brought it up
[MALE 2]
I think it’s mostly blown over by now
Thursday, Oct. 31, 2024
3:08 AM | JANE DOE
did you find my earrings my mom gave them to me for my birthday i really want them back
10:23AM | [MALE 2]
I’m sorry I havent’ seen them, I’ll look more when I get back from class what do they look like?
4:08 PM | JANE DOE (Doe sends pic of her ear that shows lost earrings)
it’s the first and 3rd one
5:29 PM | [MALE 2]
Ok i’ll look rn
How r u btw?
8:34 PM [MALE 2]
Cleaned my section of the room and didn’t find them, I’ll do a full room clean tmrw and look, sry I’ve been busy w setup
Sunday, Nov. 3, 2024
11:56 PM | JANE DOE
let’s be clear that 90% of what happened that night was not consensual. i was given more key than i can remember and i know that i told you i felt uncomfortable and i didn’t know anyone in the room. all i remember after that was u giving me ket to do off your d[—] in front of everyone like a sex doll/worker.
Monday, Nov. 4, 2024
10:01 AM | [MALE 2]
And I don’t remember any of this happening which is why Ive been feeling so terrible abt the whole situation. And I know that is no excuse and neither is how f[—]ed up I was but i genuinely want u to know and hope u know that had I been less f[—]ed up and even somewhat aware of the situation and how out of hand it got I would’ve shut it down the second guys started walking in the room. Like [JANE DOE] I am so so sorry for everything that happened that night and everything you’ve been going through since. U r genuinely someone I respect so much and one of the strongest ppl I know and even though you’re pissed with me for what happened which is completely warranted, I still want to be here for u as someone u can talk to or come to when u need anything. Again, i’m so so sorry and there’s no excuse for anything but I’m begging u please talk to me bc I wanna be here for u thru this
The text exchange obtained by CBS News ends there.
A second set of messages obtained by CBS News includes texts between Jane Doe and another fraternity member on Oct. 22 and 23, 2024. The man, known here as MALE 1, was the friend she says she went to meet at the Chi Phi house the night in question, Oct. 19-20.
Here are those messages:
Tuesday, Oct. 22, 2024
1:36 PM | [MALE 1]
Yo it’s [MALE 1]
4:02 PM | JANE DOE
hey king
how u
what was convo w ur ex
[MALE 1]
Just something about how I’m the worst person in the world. Oh well 🤷♂️. I think she needs space and time. Also I’m really f[—]ng frustrated that motherf[—–]s won’t stay out of my business😭😭
JANE DOE
Why does she think that? wym who’s bothering u
also there are probably some crazy mixed emotions about the pregnancy that’s a really heavy thing for a woman to carry but still doesn’t give right to be mean
7:12 PM | [MALE 1] (threaded reply to wym message)
Some women in theta are talking about business to do exclusively with my ex and I – I don’t even know these people
It doesn’t matter though
It’ll pass
[MALE 1] (threaded reply to pregnancy message)
Yeah that’s true
How’re u?
JANE DOE
people always want to talk about soemthing like i had transgender allegations last year but i just gave it no attention and it disappeared
silence is the most powerful response always
but i always want to say something is the prob
JANE DOE (threaded reply to message asking how she is)
i’m feeling better but i took today off cause i was just feeling so sick,, always get fevers w my uti
Wednesday, Oct. 23, 2024
11:39 AM | [MALE 1] (threaded reply to Jane Doe saying “but I always want to say something”)
Exactly
Yeah I’m sorry you’re going through that, you feeling better today? What’s the usual timeline with those?
4:49 PM | JANE DOE
bro everyone knows ✌️ i’m incredibly stressed out,, some random bitch [REDACTED] told some of my friends i don’t even know who that is how tf she know me???
[MALE 1]
Dude I have no f[—]ing idea, this s[–]t is incredibly frustrating and now I know how fast nonsense spreads at this school
It’s fan behavior from everyone talking about it
Boring people who have nothing to do with their time. It’ll blow over in a couple days I imagine, until then we just have to sit tight. How’ve you been coping with the stress? You need anything?
JANE DOE
i will also say this is f[—]ing RUINING my life temporarily
my reputation is destroyed and i’m utterly ashamed
i’m f[—]ing pissed cause this many people shouldn’t know and i feel like i know who some of the rats in the room were. if i ever find out i swear to god its in sight
literally people are making it crazier every f[—]ing day
on top of it i have a uti and all i do is sleep and cry all day
[MALE 1]
I’m so sorry dude this sounds incredibly overwhelming and f[—]d up on all fronts. I’ve been dealing with similar stuff on my end but obviously it doesn’t compare to what you’re going through. The most reassuring thing l can offer is that this WILL blow over and soon. Stupid bitches like to yap, and the fact they’re doing it shows that they’re jealous of you for any number of reasons. I understand the regret, but personally I don’t think you have anything to be ashamed of. The only shameful thing is how this spread and how people won’t shut up about it – which just reflects poorly on them tbh. As for the UTI – I’m pretty ignorant about how that works but if there’s anything (medicine, a call, etc) you need from me then let me know and I can make it happen. This sucks dude, but we’ve both been through worse, right? I’m sorry if this isn’t what you’re looking for but I’m here for you anyway 🫶❤️
JANE DOE
you’re right it’ll get better and u think everyone’s j jealous of us.. but also like everyone needs to grow up cause sexuality and sex and s[–]t is changing and stuff like this is going to become more common,, i’m also really open minded tho. i luv u king,, also tell anyone who gives u s[–]t that i’ll actually beat them up that don’t want the smoke i promise
also i had transgender allegations last year too so if anyone mentions it i mention the fact that i’ve been rumored about so many times
and we know i’m not transgender so
9:49 PM | [MALE 1] (threaded reply to Jane Doe saying she’s not transgender)
😭😭
[MALE 1] (threaded reply to Jane Doe saying she’ll beat the people spreading rumors up)
Ong we’ll steal their wallets too
Date unclear – between 9:40 PM on Wednesday, Oct. 23, 2024, and 8:35 PM on Friday, Oct. 25, 2024
[MALE 1]
U good? In da library
JANE DOE
[MALE 2] def told people. i heard something today and i know he told people. he was a pi phi two nights ago too
Friday, Oct. 25, 2024
8:35 PM | [MALE 1]
He didn’t talk about it at pi phi for sure. They wouldn’t bring that up in front of him when his story has been it’s not true the whole time. I’ll ask him – though it was definitely one of the upperclassmen in the room who told someone else and it spread
That one isn’t believable though
Who told you this? If we can narrow down the girl we can narrow down suspects
I know it wasn’t [MALE 2]
Trust me he would never
10:12 PM | JANE DOE (threaded reply to message asking who told her)
she wouldn’t tell me who she heard it from cause it’s one of her friends so i’m j dropping it i give up im defeated
Saturday, Oct. 26, 2024
2:35 AM | [MALE 1]
I’m so sorry [JANE DOE], ik this sucks a lot but I think (hopefully very soon) these idiots will move on and it’ll be done with
Monday, Oct. 28, 2024
8:31 PM | JANE DOE
[Screenshot of a forum post that says Chi Phi brothers “do drugs and gang r*ped a sophomore.”]
JANE DOE
???
[MALE 1]
Ridiculous, I’m gonna report that
Troll
Tuesday, Oct. 29, 2024
12:47 AM | JANE DOE
do u have a cig
9:31 AM | [MALE 1]
Sorry I passed out at 11:30 yesterday
Wednesday, Oct. 30, 2024
8:48 PM | [MALE 1]
[REDACTED] wants it to be known that if ANYONE acts remotely disrespectful when you come tomorrow that you should come to either me or him and he’ll fine their ass and kick them out of the party – they won’t be able to sleep at the house at night. He also told me to tell you that chi phi is your house and you are welcome here at any point
[MALE 1]
[Sends image not visible in document]
10:03 PM | JANE DOE
thank u i really appreciate that <3 i’ll bring my cigs tomorrow ‼️
i luv that man
[MALE 1]
[REDACTED] wants to call you real quick so expect a phone call
JANE DOE
i was uninvited
but ofc it was “for me”
i knew this was going to happen. the woman will always get the short end of the stick.
yall aren’t my friends. yall are covering your asses.
[MALE 1]
Wait are you sure
[REDACTED] told me you’re still invited
You are still invited
JANE DOE
he can go f[—] himself
i’m done
he is not a friend of mine
Thursday, Oct. 31, 2024
1:42 PM | [MALE 1]
How’re you doing? [REDACTED] told me you’re still good to come and he was offering advice – where’s your head at?
JANE DOE
no
Saturday, Nov. 2, 2024
7:36 PM | [MALE 1]
Call in 10?
JANE DOE
k?
Tuesday, Nov. 5, 2024
1:10 PM | [MALE 1]
How we doing
Thursday, Nov. 7, 2024
5:28 PM | JANE DOE
call me
[MALE 1]
Practice just ended give me 7-8 and I’II be home
All okay?
JANE DOE
i mean no ive been to ER this week
[MALE 1]
S[–]t. I’ll hurry home rn
JANE DOE
what is [REDACTED]’s number
[MALE 1]
[Redacted screenshot of [REDACTED]’s contact]
Okay leaving now give me a couple
JANE DOE
?
one second on call w [REDACTED]
[MALE 1]
Call whenever, might be in the shower if I miss it
8:27 PM | [MALE 1]
Can I call rq?
JANE DOE
i’m w my mom
what’s up
[MALE 1]
It’s alright, never mind. It’ll sort itself out hopefully
JANE DOE
what? just give jist
[MALE 1]
My ex told me that I’m being labeled as an assaulter in the public eye, I was going to ask if you may have said something along those lines to someone but I know you wouldn’t
JANE DOE
i haven’t said anything but i do know people are changing the narrative because like in any sexual scenario w one woman and many men the woman was probably victim
i know there are rumors i was gang banged
i’ve never said anything against u but i have about [MALE 2]
had a friend who was going to chi phi and i said don’t
but i’ve never mentioned your name
[MALE 1]
Okay, I appreciate that a lot, thank you 🙏
Friday, Nov. 8, 2024
3:29 PM | [MALE 1]
[JANE DOE] you free to call soon?
“Cornell armada” when we call
Sending so I remember
4:55 PM | JANE DOE
what?
i think i’m done talking to you. i know you lied.
[MALE 1]
What? Can you call?
JANE DOE
no. never again
[MALE 1]
[JANE DOE] what did I lie about?
The Cornell investigation
The seven former fraternity members named in Jane Doe’s civil lawsuit have not been charged with a crime. They have denied wrongdoing.
Cornell conducted a Title IX investigation after Jane Doe, then a 20-year-old sophomore, reported allegations of sexual assault in 2024. In an interview with investigators, she described what she said began as a consensual sexual encounter with Males 1 and 2 before she claims she was pushed to take ketamine and other men allegedly joined in without her consent.
In an interview with Cornell University police, she said, “I can say with 100% confidence I was raped,” according to a transcript obtained by CBS News New York.
Following its investigation, Cornell said it expelled two of the men, two others were suspended for at least two semesters, one had graduated before sanctions could be imposed, and two were found not responsible for sexual misconduct.
Cornell has now appointed a former Justice Department official, Sally Yates, to review its handling of sexual misconduct allegations on campus, including but not limited to the alleged sexual assault of Jane Doe.
New York Gov. Kathy Hochul has appointed state Attorney General Letitia James as special prosecutor to take over the case from the local district attorney — a decision several of the former fraternity members are challenging in court.
The Chi Phi fraternity chapter on campus was shut down in 2024, and Cornell has now suspended all fraternity parties for the rest of the school year.