Latest / Beyond The Horizon / Jane Doe And Her Allegations Against The Cornell 7 (Part 2) (10/7/26)

Transcript

Jane Doe And Her Allegations Against The Cornell 7 (Part 2) (10/7/26) · Beyond The Horizon

• 0:00
  Speaker 1: What's up everyone and welcome back to the program. In
• 0:03
  Speaker 1: this episode we're going to get back to Jane Doe
• 0:05
  Speaker 1: and her allegations against the Cornell 7. That at all
• 0:10
  Speaker 1: relevant times, Orazio Petito, here and after Petito, was and
• 0:14
  Speaker 1: is the elected president of the executive board of the chapter.
• 0:20
  Speaker 1: And it's located on Cornell University's campus. That at all
• 0:24
  Speaker 1: relevant times, Petito was and is a Cornell student as
• 0:27
  Speaker 1: well as a member of the chapter of of the
• 0:30
  Speaker 1: greater Chi Phi National. That at all relevant times, Petito
• 0:34
  Speaker 1: was and is subject to the Chi Phi National Constitution
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  Speaker 1: and bylaws, as well as Z's chapter, Regional Constitution and Bylaws.
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  Speaker 1: That at all relevant times, Petito was and is subject
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  Speaker 1: to Cornell's Constitution, bylaws, code of conduct, and student organizational
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  Speaker 1: rules and regulations. That at all relevant times, Petito was
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  Speaker 1: responsible for supervising and maintaining, in a safe condition, the
• 0:58
  Speaker 1: chapter's fraternity house and its members therein. That at all
• 1:01
  Speaker 1: relevant times, Petito held himself out of the public, and
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  Speaker 1: more particularly to plaintiff herein, as possessing the proper degree
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  Speaker 1: of knowledge and training to adequately protect Cornell students, including
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  Speaker 1: plaintiff herein. That at all relevant times, while plaintiff was
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  Speaker 1: lawfully within the chapter's house, of which Petito breached his
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  Speaker 1: duty to supervise and maintain fraternity's house in a safe condition,
• 1:24
  Speaker 1: as plaintiff was plied with alcohol and drugs to the
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  Speaker 1: point of intoxication, by members of the chapter's organization. That
• 1:31
  Speaker 1: at all relevant times, defendant Zerreen Enterprise, Mooney's Bar and Nightclub,
• 1:35
  Speaker 1: was and is a domestic limited liability company with its
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  Speaker 1: principal address located in New York. That at all relevant times,
• 1:42
  Speaker 1: defendant Mooney's maintained controlled and operated Mooney's Bar and Nightclub.
• 1:46
  Speaker 1: That at all relevant times, Mooney's maintained a liquor license
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  Speaker 1: for Mooney's Bar and Nightclub, where Mooney's and its employees,
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  Speaker 1: servants and agents, served invitees and or guests with alcoholic beverages.
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  Speaker 1: Then at all relevant times, Mooney's held itself out of
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  Speaker 1: the public, and more particularly the plaintiff herein, as possessing
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  Speaker 1: the proper degree of safety measure to adequately protect its
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  Speaker 1: invitees and her guests, and to use reasonable care and
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  Speaker 1: diligence in monitoring and policing of Mooney's Bar and Nightclub
• 2:15
  Speaker 1: and those utilizing the premise therein. Then at all relevant times,
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  Speaker 1: while plaintiff was lawfully within Mooney's Bar, of which Mooney's
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  Speaker 1: had and has complete control, plaintiff was a minor under
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  Speaker 1: 21 years old. was served with alcohol to the point
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  Speaker 1: of visible intoxication by members of Mooney's staff, which resulted
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  Speaker 1: in plaintiff being sexually assaulted and raped by members of
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  Speaker 1: the Chi Phi chapter at Cornell University. That at all
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  Speaker 1: relevant times, defendant Matthew Ingalls was and is an adult male.
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  Speaker 1: That at all relevant times, Ingalls was a full-time undergraduate
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  Speaker 1: student attending Cornell. That at all times, Ingalls was a
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  Speaker 1: member of the Chi Phi chapter at Cornell. That at
• 2:55
  Speaker 1: all relevant times, defendant Jonathan Newell was and is an
• 2:59
  Speaker 1: adult male. That at all relevant times, Newell was a
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  Speaker 1: full-time undergraduate student attending Cornell University. That at all relevant times,
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  Speaker 1: Newell was a member of Kai Fai's chapter at Cornell.
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  Speaker 1: That at all relevant times, defendant Winston Lee was and
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  Speaker 1: is an adult male. That at all relevant times, Lee
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  Speaker 1: was a full-time undergraduate student attending Cornell University. That at
• 3:21
  Speaker 1: all relevant times, Lee was a member of Kai Fai's
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  Speaker 1: chapter That at all relevant times defendant Diego Sarabia was
• 3:29
  Speaker 1: and is an adult male. That at all relevant times
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  Speaker 1: Sarabia was a full-time undergraduate student attending Cornell University. That
• 3:54
  Speaker 1: at all relevant times, Norris was a full-time undergraduate student
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  Speaker 1: attending Cornell University. That at all relevant times, Norris was
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  Speaker 1: and is a member of Chi Phi's chapter at Cornell.
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  Speaker 1: That at all relevant times, defendant Scott Kretschmar was and
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  Speaker 1: is an adult male. That at all relevant times, Kretschmar
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  Speaker 1: was a full-time undergraduate student attending Cornell University. That at
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  Speaker 1: all relevant time, Kretschmar was a member of Kai Fai's
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  Speaker 1: chapter at Cornell University. Plaintiff Jane Doe seeks damages from
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  Speaker 1: defendants for their actions, and more specifically seeks damages from
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  Speaker 1: defendants Cornell, their chapter Kai Fai National, Alpha Beta chapter,
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  Speaker 1: Tri-Delta National, Faculty Alumni Executive, and Orazio Petito, who were
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  Speaker 1: and are legally responsible for the acts complained of herein,
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  Speaker 1: that were committed by defendant Ingalls, Newell, Lee, Lopez, Sarabia, Norris,
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  Speaker 1: and Kretschmar, and failed to properly supervise and or monitor
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  Speaker 1: the activities of defendant Ingalls, Newell, Lee, Lopez, Sarabia, Norris,
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  Speaker 1: and Kretschmar. Jurisdiction and Venue Venue is proper because Plaintiff
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  Speaker 1: Jane Doe currently resides in the state and county of
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  Speaker 1: New York. Venue is proper because Defendant Cornell is a
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  Speaker 1: private institution of higher education located in and authorized to
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  Speaker 1: transact business in New York. Venue is proper because Defendant
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  Speaker 1: Chapter is a domestic not-for-profit corporation located in and authorized
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  Speaker 1: to transact business in New York. Venue is proper because
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  Speaker 1: Defendant Chi Phi National is a domestic not-for-profit corporation located
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  Speaker 1: in and authorized to transact business in New York. Venue
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  Speaker 1: is proper because Defendant Alpha Beta Chapter is a domestic
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  Speaker 1: not-for-profit corporation located in and authorized to transact business in
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  Speaker 1: New York. Venue is proper because Defendant Tri Delta National
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  Speaker 1: is a domestic not-for-profit corporation located in and authorized to
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  Speaker 1: transact business in New York with a regional subsidiary known
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  Speaker 1: as the Alpha Beta Chapter located in Tompkins County, New York.
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  Speaker 1: Venue is proper because Defendant Mooney's is a domestic limited
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  Speaker 1: liability company located in and authorized to transact business in
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  Speaker 1: New York, with its principal office located in Tompkins County,
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  Speaker 1: New York. The amount of damages sought herein exceeds the
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  Speaker 1: jurisdictional limit of all lower courts, which would otherwise have jurisdiction. Forward.
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  Speaker 1: In August 2022, Plaintiff was 18 years old when she
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  Speaker 1: flew across the country from her family home to begin
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  Speaker 1: her studies at Cornell University. with similar hopes, expectations, and
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  Speaker 1: trepidations of other high school graduates embarking on something so
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  Speaker 1: seemingly monumental. She arrived on campus where the university actively
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  Speaker 1: promoted Greek membership as a vital part of the campus
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  Speaker 1: community and endorsed these organizations as well-managed, worthy pathways to
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  Speaker 1: new friendships and improving one's educational and professional opportunities. Large
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  Speaker 1: fraternity and sorority houses were in prominent locations on campus.
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  Speaker 1: Before and when plaintiff set foot on campus, she never
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  Speaker 1: knew that the university had been the scene of numerous
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  Speaker 1: incidents of sexual assault and rape in the months and
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  Speaker 1: years prior to her arrival. Students were afraid, protesting, and
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  Speaker 1: demanding reforms. By this time, the university had established campus
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  Speaker 1: organizations to address these prevailing issues, such as the share
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  Speaker 1: of sexual harassment and assault response in education office, implementing
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  Speaker 1: anti-sexual violence training in the university Greek houses, advising incoming
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  Speaker 1: students about the risk of sexual assault and harassment in college,
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  Speaker 1: and offering support services to victims' survivors. These reforms took
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  Speaker 1: place after Resolution 34 was passed in March 19, 2021,
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  Speaker 1: requesting that Cornell University review policy and action items over
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  Speaker 1: the fraternity system including reform, disband, or abolish, and have
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  Speaker 1: the Office of Sorority and Fraternity Life to perform a
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  Speaker 1: yearly review of all fraternities and any fraternity accused of
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  Speaker 1: sexual harassment will be placed on probation or have its
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  Speaker 1: recognition revoked. Even still, in the following fall 2022, Cornell
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  Speaker 1: University saw at least five reported cases of drugging and
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  Speaker 1: two reports of sexual assault on Cornell's campus, all of
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  Speaker 1: which occurred at fraternity addresses. This triggered a response from
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  Speaker 1: the Cornell University Student Assembly, who presented Resolution 16, condemning
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  Speaker 1: Greek life, on December 1, 2022. Plaintiff also never knew
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  Speaker 1: that the dangers of fraternities were so widespread in the
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  Speaker 1: decade before her arrival that they had been ranked as
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  Speaker 1: the sixth worst risk for insurance companies just behind hazardous
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  Speaker 1: waste disposal companies and asbestos contractors. So dangerous were their activities,
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  Speaker 1: that their commercial insurance carriers declined insuring them any further.
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  Speaker 1: National fraternities and sororities and their executives knew that fraternity
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  Speaker 1: chapters and members were incapable of responsibly managing the provision,
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  Speaker 1: use and misuse of alcohol and drugs in fraternity houses,
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  Speaker 1: during recruiting, and at Greek-sponsored events. One fraternity executive and
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  Speaker 1: industry leader confirmed that 99% of insurance claims were related
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  Speaker 1: to misuse of alcohol. Fraternity recruiting events with alcohol would
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  Speaker 1: eventually be labeled by another fraternity executive and industry leader
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  Speaker 1: as being the deadliest nights. Further, plaintiff was also unaware
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  Speaker 1: that a president of Psy Upsilon at Cornell University, Wolfgang Bollinger,
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  Speaker 1: was charged with first-degree attempted rape, first-degree criminal sexual act
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  Speaker 1: with a helpless victim, and sexual misconduct after raping a
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  Speaker 1: female student at his fraternity residence in 2016. Furthermore, In
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  Speaker 1: November of 2022, Cornell's campus police issued a law that
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  Speaker 1: a female student was actually assaulted and at least four
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  Speaker 1: other students were drugged at an off-campus fraternity party. During
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  Speaker 1: this period, a loose coalition of student activists began a
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  Speaker 1: movement known as the Ban Greek Life or Abolish Greek
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  Speaker 1: Life movement, which gained significant momentum in 2020 and continues
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  Speaker 1: to present. However, despite the abolished Greek life movement and
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  Speaker 1: all the bad press that fraternities and sororities have been
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  Speaker 1: receiving in the media since the early 2000s, upon our
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  Speaker 1: arrival at Cornell, Plaintiff immediately encountered a glorified, yet materially
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  Speaker 1: false and misleading facade of Cornell University Greek life. Alpha
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  Speaker 1: Beta Chapter, a regional member of Tri-Delta's National National Security,
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  Speaker 1: established at Cornell University in 1913, operated and recruited new
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  Speaker 1: members and revenue, through its Alpha Beta chapter, which was
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  Speaker 1: housed in a stately Albrecht mansion situated in a prominent
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  Speaker 1: location on campus. The university provided its facilities, staff, and
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  Speaker 1: resources to schedule and organize Rush, which encouraged students to
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  Speaker 1: join the organizations after reviewing and relying upon the promotional
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  Speaker 1: information it and the Greek organization provided. Plaintiff followed the
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  Speaker 1: pathway applied for and accepted a bid to pledge Tri-Delta's
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  Speaker 1: national Alpha Beta chapter. Alpha Beta Chapter quickly became her
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  Speaker 1: first choice after Rush began. She was drawn to the
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  Speaker 1: sorority and its promises of sisterhood and lifelong friendships and
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  Speaker 1: status it conferred on its members and the community it
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  Speaker 1: provided on campus when she was over a thousand miles
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  Speaker 1: away from home. By this date, Tri-Delta's national leadership had
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  Speaker 1: banned the presence and use of alcohol and drugs in
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  Speaker 1: its chapter houses, presumably based upon its knowledge that its
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  Speaker 1: mismanagement had resulted in numerous incidents of rape, and other injuries.
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  Speaker 1: Alright folks, we're going to wrap up right here, and
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  Speaker 1: in the next episode, we're going to pick up with
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  Speaker 1: facts common to all other causes of action. All the
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  Speaker 1: information that goes with this episode can be found in
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  Speaker 1: the description box.