One of the men named as a defendant in a high-profile sexual assault lawsuit involving a former Cornell University student has asked a judge to dismiss the claims against him, arguing that the allegations fail to support broader accusations of gang rape.
Diego Sarabia, identified as one of seven former students sued by the woman known in court documents as Jane Doe, filed a motion Friday seeking to dismiss the claims in the September lawsuit. Through his legal counsel, Sarabia denies all allegations of wrongdoing.
The lawsuit stems from an alleged drug- and alcohol-fueled incident in October 2024 at the now-defunct Chi Phi fraternity house in Ithaca, New York. Doe’s expansive complaint accuses Sarabia of grabbing her face and kissing her without consent, as well as snorting ketamine off her body alongside other fraternity members.
In the dismissal motion, Sarabia’s lawyers argue that even if the plaintiff’s allegations are accepted as true for the purposes of the motion, the claims against him are legally insufficient, time-barred, or both. The filing describes the specific accusations against Sarabia as “essentially a lawsuit about a forced kiss.”
The defense argues that the complaint approaches 600 paragraphs but repeatedly and collectively accuses the seven student defendants of sexual assault and rape without sufficient differentiation or specific pleaded facts. Sarabia’s attorneys contend that the complaint does not allege he supplied drugs or alcohol, participated in any of the sexual encounters detailed elsewhere in the filing, or was present for most of the conduct forming the basis of the broader allegations.
Furthermore, the motion asserts that claims of assault, battery, and intentional infliction of emotional distress are subject to a one-year statute of limitations that has already expired, and that the allegations do not qualify for the extensions cited in Doe’s lawsuit. The filing also states that Sarabia held no legal duty to supervise, protect, or control either the plaintiff or the other adult students involved. The defense has asked the court to dismiss the claims against Sarabia with prejudice, which would bar Doe from bringing them again.
In addition to the seven individual male defendants, the civil lawsuit names Cornell University, the fraternity organization, a local bar, and the plaintiff’s sorority as defendants. None of the accused men have faced criminal charges, and all have denied any wrongdoing. Thomas Giuffra, an attorney representing Jane Doe, was contacted for comment regarding the motion.
The litigation has prompted widespread demonstrations on the Ivy League campus, with current and following student protests demanding that the university take stronger action to support sexual assault survivors. Following the alleged assault, Doe reported the incident to the Cornell University police department. That report resulted in the suspension of the Chi Phi fraternity and a months-long university investigation that ultimately led to two expulsions and several suspensions.
The case has also drawn state-level scrutiny. New York Attorney General Letitia James reopened a criminal investigation into the allegations, though no arrests or charges have been made. Two of the accused men have filed challenges seeking to disqualify James from overseeing the inquiry, pointing to social media comments she made regarding the case before undertaking the probe. Those challenges remain pending, and James has stated she is committed to leading a comprehensive, fact-driven investigation.
