A Connecticut man named among seven defendants in a Cornell University civil sexual-assault lawsuit asked a New York judge on Friday to drop him from the case, WTNH News 8 and ABC News reported^1,4.

Diego Sarabia, described by WTNH as having ties to Bethel, Connecticut, is one of seven Chi Phi fraternity members sued by a former undergraduate identified as Jane Doe over alleged assaults at the Cornell chapter house in October 2024^1,2,4.

The complaint alleges Sarabia kissed Jane Doe without consent and was among fraternity brothers who allegedly used ketamine off her body^1,4. All seven men have denied wrongdoing, and ABC News reported that no criminal charges have been filed^1,4,6.

Attorney James Knox argued in a Friday motion that Jane Doe did not allege Sarabia supplied drugs or alcohol, took part in the other alleged sexual encounters, or was present for most of the conduct described, ABC News reported⁴. Knox wrote that, as to his client, "this is essentially a lawsuit about an allegedly forced kiss"⁴.

Knox also argued that any intentional-tort claim from that alleged kiss is barred by New York's one-year statute of limitations because the suit was filed nearly two years after the alleged events^1,4. Jane Doe's attorney had not responded to the motion as of the WTNH and ABC News reports^1,4.

The filing came about a week after Judge Phaedra Perry-Bond rejected Sarabia's request for a gag order, which Knox had sought to limit possible juror prejudice, WTNH and ABC News reported^1,4.

On Oct. 23, Perry-Bond allowed Jane Doe to remain anonymous, citing publicity, retaliation concerns and reports of malicious online behavior, CBS News and ABC News reported^2,6. The judge said similar privacy could be extended to defendants if they asked and warned that cyberstalking or interstate threats against the parties or lawyers could bring federal prosecution^2,6.

New York Attorney General Letitia James, appointed special prosecutor by Gov. Kathy Hochul, is investigating the incident, ABC News reported^4,6. WTNH reported James has been appointed special prosecutor and that Cornell is reviewing how it handled the allegations¹. Cornell said it supports that appointment, is reviewing its handling of the allegations, and says it investigated them under university policy while pledging further campus-safety steps^4,6.