Colorado State student sues over alleged rape at frat house that happened just weeks before ‘Cornell 7 attack’

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Colorado State student sues over alleged rape at frat house that happened just weeks before ‘Cornell 7 attack’

In a civil lawsuit, the woman claimed she was on the verge of losing consciousness after being given a drink she thought was water

Brendan Rascius in New York Friday 09 October 2026 15:55 BST

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#IAmJaneDoe: A campaign in solidarity with Cornell alleged gang-rape victim
#IAmJaneDoe: A campaign in solidarity with Cornell alleged gang-rape victim

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A former Colorado State University student has sued a former fraternity member alleging he sexually assaulted her at an October 2024 party.

The civil complaint alleges sexual assault, false imprisonment and is seeking a jury trial and compensatory damages, including expenses related to the woman’s transfer from the Fort Collins university. The filing was made earlier this month in Larimer County.

The civil lawsuit also accuses the Phi Delta Theta fraternity of negligence. Colorado State University is not named as a defendant.

Colorado State investigated the allegations and suspended the fraternity member. According to media reports, police were contacted within 24 hours of the incident and conducted their own investigation but closed the case without referring it to prosecutors, and no criminal charges were brought.

The alleged assault occurred about two weeks before the October 19, 2024, incident at Cornell University in Ithaca, New York, that has drawn national attention as the “Cornell 7” case.

The alleged assault at the Colorado school occurred about two weeks before the October 2024 incident at Cornell University open image in gallery
The alleged assault at the Colorado school occurred about two weeks before the October 2024 incident at Cornell University ( Colorado State University )

In that civil lawsuit, a Jane Doe alleges that seven Chi Phi members participated in a sexual assault at their fraternity house after she was plied with alcohol and drugs. The men have not been criminally charged and all have denied wrongdoing.

The civil complaint filed in Colorado describes an October 4 party where the woman sought water from a Phi Delta Theta member, 9News reported. She had consumed alcohol earlier at her sorority, according to the filing, but drank none at the party.

She alleges that the drink she received, which was presented as water, left her feeling on the verge of unconsciousness. Her request to return to her sorority was not followed, the complaint says. She was instead taken to Phi Delta Theta’s fraternity house.

The lawsuit alleges that the defendant sexually assaulted her there while she was “incapacitated, unconscious, and/or fading in and out of consciousness,” according to 9News.

The woman was then taken outside the house and instructed which direction she should leave, according to police reports obtained by CBS News.

She later said she had struggled to remember what exactly happened, but thought she had been assaulted. She was examined at a hospital the following day and police were contacted. A toxicology report detected evidence of Zoloft and THC in the plaintiff’s system.

Hundreds of Cornell students participate in a rally earlier this week against the university’s actions after a student filed a lawsuit alleging she was sexually assaulted at a campus fraternity in 2024 open image in gallery
Hundreds of Cornell students participate in a rally earlier this week against the university’s actions after a student filed a lawsuit alleging she was sexually assaulted at a campus fraternity in 2024 ( Getty )

Phi Delta Theta later removed the defendant from its chapter.

“Sexual assault is abhorrent and has no place on college campuses or in Phi Delta Theta,” the fraternity said in a statement to a local outlet. “It violates everything our fraternity stands for, and anyone who commits it forfeits the privilege of membership. That’s why we removed the member in October 2024, and as a result, he moved out of the chapter house.”

CSU also investigated the case. The university found the student responsible for violating its policy prohibiting sexual assault and subsequently suspended him, according to 9News. He was barred from seeking readmission until he completed certain requirements, including a behavioral health assessment. The university denied the student’s appeal in September.

“Because the incident occurred off campus, any criminal investigation fell under the jurisdiction of local law enforcement rather than CSU Police,” a university spokesperson said.

The Larimer County District Attorney’s Office said local police spoke with prosecutors but did not request criminal charges.

“Often during investigations, law enforcement will reach out to the District Attorney’s Office to discuss additional investigative avenues they could pursue to further the case,” the office said in a statement provided to CBS News.

“Fort Collins Police Services did that with regard to this investigation, but the case was never presented to our office, nor did they request that criminal charges be filed.”

The plaintiff’s attorney said in a statement that their client is eager to present her case.

“Coming forward has taken great courage, and she is seeking accountability for what happened to her,” the statement, provided to 9News, said. “She hopes her case will lead to meaningful policies and procedures that make fraternity events safer and protect the students who attend them. We ask that the media respect her privacy.”

The Independent has contacted CSU for comment.

After Cornell’s Jane Doe filed a civil lawsuit last month, Tompkins County District Attorney Matthew Van Houten, who initially declined to pursue charges over the alleged rape, reopened the investigation. New York Governor Kathy Hochul subsequently reassigned the case to state Attorney General Letitia James as special prosecutor. It has been described as an “active criminal investigation.”

Protests have since erupted on campus and in Washington, D.C.

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