PDF · PUBLIC LIBRARY #489

EXHIBIT(S) - 1 Notice of Charges against Doe Redacted per 22 NYCRR §202.5(e)

NYSCEF document #4 | Filed: 2026-03-30 | Filed by: SASH, ALAN EDWARD Filed: Received: | Docket status: Processed Confirmation Notice | Case: Jane Doe v. Cornell Univeristy (Tompkins County) | Source: NYSCEF
File: NYSCEF-case-4c779433507a-000004.pdf · 2.49 MB
SHA-256: 9b86731da782…d0a478d5ec
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--- Page 1 --- CornellUniversity Office of Institutional Equity and Title IX 500 Day Hall Ithaca, NY 14853 t. 607.255.2242 e. [email protected] www.titleix.cornell.edu To: Respondent From: Lauren Branchini, Title IX Coordinator Date: January 16, 2025 Re.: NOTICE TO PARTIES UPON THE ISSUANCE OF A FORMAL COMPLAINT Personal – Private Dear Complainant and Respondent, This letter serves as “Notice to the Parties Upon the Issuance of a Formal Complaint.” Attached to this cover letter, you will find a copy of the signed Formal Complaint (94428) and the Policy 6.4 Informational Letter with detailed information about your rights and options under both that Policy and the Procedures for Resolution of Reports Against Students Under Policy 6.4.1 The Investigator assigned to this matter is Samantha Freeburn. Jurisdiction The University is exercising jurisdiction over this Formal Complaint pursuant to the Procedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 because: (1) the Respondent is a student; and (2) the conduct is alleged to have occurred on any campus of the University, on any other property or facility used by it for educational purposes, or on property owned or controlled by a University-related residential organization, student organization, sorority, or fraternity that is officially recognized by or registered with the University; and/or (3) I have determined that the alleged prohibited conduct has occurred in the context of a University program or activity; and/or (4) the alleged prohibited conduct poses a substantial threat to the University’s educational mission, such as an allegation of serious misconduct by a Cornell student against a non-Cornell community member, or to the health or safety of University community members, including potentially contributing to or creating a hostile environment on any campus of the University. Preliminary Determination of Hearing Process A or Hearing Process B and Whether Title IX Applies to the Formal Complaint 1 This Formal Complaint is being investigated and adjudicated under the August 5, 2024 Procedures for Resolution of Reports Against Students Under Policy 6.4. All Formal Complaints signed on or after August 5, 2024, will be investigated and adjudicated under those Procedures, regardless of the date of the incident. However, in evaluating the Formal Complaint, the adjudicator will use the definition of Prohibited Conduct in effect at the time of the reported incident. AINT NT Formal Compl rmal Comp omplaint plaint (9442 94 r rights and op rights and op nst Students U nst Students U Freeburn. eburn. sdiction ction over this Form er this Form dents Under C nts Under C e conduct is al e conduct is al y or facility us r facility us versity-related elated s officially rec he alleged pro and/or (4) nd/or the ational mission ational miss a non non-Cornell rn members, incl s, incl us of the Univ he eliminary Det liminary D iv 1 Formal Complaint (94428) Distributed 01/16/2025 1 of 6 Private Distribution Not Permitted, See Policy 6.4 CI2026-07228 Index # : EF2026-0292 FILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/30/2026 --- Page 2 --- If the Formal Complaint is to be resolved through Hearing, such Hearing will be conducted in accordance with Hearing Process A. Pursuant to Section 20 of the August 5, 2024, Procedures for Resolution of Reports Against Students Under Cornell University Policy 6.4, I have determined that Title IX applies to the Formal Complaint because (1) the alleged prohibited conduct meets at least one of the definitions for sexual harassment and sex/gender-based harassment, sexual assault, dating and domestic violence, or stalking, (2) the alleged prohibited conduct occurred in the University’s education program or activity, (3) the alleged prohibited conduct occurred against a complainant in the United States; and (4) at the time of filing the Formal Complaint, the complainant is participating in or attempting to participate in the University’s program or activity. Thank you, Lauren Branchini Title IX Coordinator Privacy. Please note that, pursuant to Cornell Policy 6.4, and the applicable Procedures: The University encourages parties not to reveal any information they learn in the course of their participation in processes set forth in the applicable procedures, other than for the purpose of consulting with advisors and attorneys, and incidental to seeking support and advice from family, clergy, health professionals, and others playing a similar role. Parties may choose whether to disclose or discuss with others the outcome of a complaint under this policy. Students are prohibited from distributing documents obtained in the course of their participation in processes set forth in the applicable procedures other than for the purpose of consulting with an advisor; incidental to seeking support and advice from family, clergy, health professionals, and others playing a similar role; or as part of a civil, criminal, or administrative legal proceeding. By accepting the role of advisor, all advisors agree to comply with the rules and processes set forth in Policy 6.4 and these procedures, including rules regarding privacy. As appropriate, in a given case, a university official, such as the Title IX Coordinator, may issue an order restricting the parties from disclosing specific information. Members of the Cornell community who fail to follow an order of a university official may be found to have violated Cornell University’s Campus Code of Conduct. Additionally, sharing private information in a manner that harms another individual may constitute retaliation prohibited under this policy. Private - Di bution Not Permitted tions ions tic c ucation ation nt in the n the t is participatin participa e applicable Pro able P the course of th course of th consulting with ulting wit rofessionals, and essionals, a outcome of a co utcome of a n the course of th he course of th se of consulting w consulting als, and others p and others p pting the role of pting the role of ese procedures, procedure h as the Title IX tle IX Members of the C violated Cornell at harms another at h Formal Complaint (94428) Distributed 01/16/2025 2 of 6 Private Distribution Not Permitted, See Policy 6.4 CI2026-07228 Index #: EF2026-0292 FILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/30/2026 --- Page 3 --- Cornell University ntle IX Ithaca, NY I4853 t. 607.255.2242 e. titleix(corncil.edu www.titleix.cornell.edu FORMALCOMPLAINTOFA POLICY 6.4 VIOLATION This Formal Complaint provides notice of allegation(s) of Prohibited Conduct in violation of Cornell University Policy 6.4 (Prohibited Bias, Discrimination, Harassment, and Sexual and Related Misconduct). The purpose of this Formal Complaint is to advise the parties of the dates, times, and locations of alleged prohibited conduct, to the extent known at the time this Formal Complaint is signed Pursuant to Policy 6.4, and the corresponding Procedures, retaliation against individuals for engaging in pmtected activities is prohibited. Protected activities include making good-faith reports of Prohibited Conduct or participating in any investigation or proceeding under the Policy 6.4 Pmcedures. This Formal Complaint is alleging Sexual Assault and Sexual Exploitation by multiple undergraduate students at Cornell, against another student. This Formal Complaint will be investigated pursuant to the August 5, 2024, Procedures for Resolution of Reports Against Students Under Cornell University Policy 6.4. The University mayhold the Respondents accounta+e for violations of Policy 6.4 and other policies that are not referenced in the Formal Complaint but are learned about from evidence, testimony, or admissions during the investigation and adjudication process. (the "Complainant") is an undergraduate student at Cornell University. 2. The Complainant is signing this statement because she believes the following individuals violated Cornell University Policy 6.4's prohibition against Sexual Assault and Sexual Exploitation on or about the night of October 19, 2024, and/or the early morning of October 20, 2024, at the Chi Phi Fraternity House (107 Edgemoor Lane, Ithaca, NY14850). 3. Alleged Misconduct: Formal Complaint (94428) Distributed 01/16/2025 3 of 6 Private Distribution Not Permitted, See Policy 6.4 CI2026-07228 Index #: EF2026-0292 FILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/30/2026 --- Page 4 --- Formal Complaint (94428) Distributed 01/16/2025 4 of 6 Private Distribution Not Permitted, See Policy 6.4 CI2026-07228 Index #: EF2026-0292 FILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/30/2026 --- Page 5 --- g) is accused of v iolating Cornell University's Policy . pro n ition agamst exua xp oitati sault. Specifically, it is alleged that at the above date, time, and location, i. Intentionally viewed the Complainant in a state of undress without her permission; and ii. Touched his nose to the Complainant's naked body and inhaled powdered substance off her body without affirmative consent, including lack of affirmative consent due to incapacitation. Complainant Signature(s) By signing below, I agree the above information is accurate, to the best of my knowledge: Complainant Nam Signature Date: ot- 144- 35 By signing below, I am indicating I wish to proceed with a formal investigation under Cornell University Policy 6.4: Complainant Name: Signature: Date: g..m. ast By signing below, I am indicating I am open resolving this matter through Alternate Resolution: Complainant Name: Signature Date: ot- t s4- 25 Please indicate: Restorative "Informal" Resolution Formal Complaint (94428) Distributed 01/16/2025 5 of 6 Private Distribution Not Permitted, See Policy 6.4 CI2026-07228 Index #: EF2026-0292 FILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/30/2026 --- Page 6 --- Negotiated "Formal" Resolution Unsure/Undecided Formal Complaint on behalf of the University: Pursuant to the Procedures for the Resolution of Reports Against Students Under Policy 6.4: "Where the Title IX Coordinator determines that the University cannot honor a complainant's request that no Formal Complaint be pursued under these procedures, the Title IX Coordinator will promptly initiate the resolution process under these procedures by making a signed, written Formal Complaint on behalf of the University." Title IX Coordinator: Signature: Date: 2 Formal Complaint (94428) Distributed 01/16/2025 6 of 6 Private Distribution Not Permitted, See Policy 6.4 CI2026-07228 Index #: EF2026-0292 FILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/30/2026
PUBLIC DISCUSSION

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