Former Cornell student seeks dismissal from lawsuit over alleged assault
Diego Sarabia, one of seven former Cornell students named in a civil lawsuit over an alleged sexual assault at a fraternity house, is asking a New York court to dismiss the claims against him. He denies the allegations, and his lawyers argue that the complaint does not describe his involvement in the more serious alleged assaults.
The former student, identified in court as Jane Doe, says Sarabia grabbed her face, kissed her and took part in snorting ketamine off her body at the Chi Phi house during an incident in October 2024. His lawyers describe the claim against him as involving a forced kiss and argue that some claims were filed too late under a one-year limitation period. Sarabia had graduated and was barred from Cornell’s campus for three years; he is also seeking limits on public comments by Doe’s lawyer.
In short
- Sarabia seeks dismissal from a civil case involving seven former Cornell students.
- His lawyers dispute the allegations and argue some claims were filed too late.
- He is also asking a judge to limit public comments by Doe’s lawyer.
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The case for
Sarabia’s lawyers can argue that a civil claim must be assessed against the specific conduct alleged against each defendant, rather than more serious acts attributed to others. They may also contend that the complaint fails to establish his legal responsibility and that claims outside the applicable limitation period should be dismissed, while restrictions on public comments could help protect a fair process.
The case against
Doe can argue that her account describes unwanted physical and sexual conduct, including a forced kiss and participation in an act involving ketamine, which may support claims against Sarabia even if others are accused of more serious assaults. She may contend that the claims should be heard on their evidence and that dismissal based on the pleadings or a limitation period would prevent her from obtaining a full legal assessment.
Explained simply
Cornell University is a private university in Ithaca, New York. Chi Phi is a student fraternity, whose members may live and socialise in a shared house; events there can involve students and guests.
A civil lawsuit is a legal claim brought by one person against another, rather than a criminal prosecution brought by the state. In this case, a former student identified in court as Jane Doe has brought claims against seven former Cornell students over an alleged assault, and each defendant’s responsibility must be considered separately.
The case concerns events alleged to have happened in October 2024. Its outcome may determine whether the claims can proceed in court, while also raising questions about time limits for filing civil claims and how lawyers involved in a case may comment publicly.
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Originally published by Daily Mail as “One of Cornell 7 sued by Jane Doe over alleged gang rape says he should be dropped from lawsuit”.