A Cornell University student, identified as Diego Sarabia, has filed a motion asking a judge to dismiss him from a civil lawsuit brought by a former undergraduate student known as Jane Doe. The lawsuit alleges Sarabia approached Doe, grabbed her face, and kissed her without consent during an alleged 2024 gang rape.

Doe's suit claims Sarabia was among Chi Phi fraternity brothers who allegedly snorted ketamine off her body. Sarabia's defense attorney, James Knox, argued in the motion that Doe did not allege Sarabia supplied drugs or alcohol, participated in sexual encounters, or was present for most of the conduct forming the basis of the complaint.

Knox stated that Sarabia is essentially being sued for an allegedly forced kiss. He contended that any intentional tort related to this conduct is barred by a strict one-year statute of limitations, as the action was commenced nearly two years after the alleged events. All seven fraternity brothers have denied wrongdoing, and Sarabia maintains he was not part of the most severe alleged conduct.

The motion to dismiss was filed shortly after a judge rejected a request by Sarabia's attorney for a gag order. The judge described the gag order request as a "side show" intended to distract from the case's merits.

New York Attorney General Letitia James, appointed as special prosecutor by Governor Kathy Hochul, is investigating the incident. Cornell University has stated it fully supports the special prosecutor's appointment and is conducting its own internal review of its response to the allegations.

Doe's attorney has not yet filed a response to the motion to dismiss Sarabia from the lawsuit. The legal proceedings continue as the investigation into the alleged incident unfolds.

Details within the lawsuit include allegations of a gang rape and the use of ketamine, although Sarabia's attorney argues his client's alleged involvement was limited to an unwanted kiss and that the claim is time-barred.

The case highlights ongoing scrutiny of fraternity conduct and university responses to sexual assault allegations, with both external legal investigations and internal university probes underway.