Reviewed by Bethany Schneider, Founder and Trial Lawyer at Schneider Injury Law

Sensitivity Note: This article discusses sexual assault and related legal proceedings. If you or someone you know needs support, confidential help is available 24/7 through the National Sexual Assault Hotline at 1-800-656-4673 or at online.rainn.org.

A former Cornell University student — identified publicly only as Jane Doe — filed a civil lawsuit in September 2026 alleging she was drugged and gang-raped at a Chi Phi fraternity house in 2024. Seven fraternity members, the university itself, and the fraternity organization are named as defendants.

What has shocked many people isn’t just the alleged assault — it’s what happened afterward. The local district attorney initially declined to file criminal charges. The university ran its own internal process and expelled two students while others received lesser consequences. And now, nearly two years later, Jane Doe is pursuing justice through a civil lawsuit — and the criminal investigation has been reopened. On October 1, 2026, New York Attorney General Letitia James was appointed special prosecutor to investigate the alleged assault.

How can all of this happen at the same time? Why didn’t a criminal arrest automatically follow? And what does any of this mean for a survivor in Georgia?

The answer lies in understanding that three completely separate systems can respond to the same act of sexual assault — and each one works very differently.

A sexual assault report can lead to a criminal investigation, a civil lawsuit, and a college disciplinary process. Criminal cases seek penalties such as jail time. Civil lawsuits seek compensation. College proceedings address student conduct and campus safety. A survivor may have civil legal options even if no criminal charges are filed.

Claim Your Free Consultation Today!

Criminal Cases, Civil Lawsuits, and Title IX: Three Separate Processes

When a sexual assault happens on or near a college campus, it can trigger three separate processes simultaneously:

  • The criminal justice system — run by the government
  • The civil court system — brought by the survivor
  • The university’s internal disciplinary process — governed by federal Title IX rules and school policy

Each system has a different purpose, different rules, and different outcomes. Critically, what happens in one system does not control what happens in the others. A prosecutor declining to file charges does not prevent a civil lawsuit. A university expelling a student does not mean a criminal conviction. Understanding this is the first step toward knowing your options.

1. Criminal Law: The Government’s Case

In a criminal case, the government — not the survivor — is the one bringing the case. A local prosecutor (called a District Attorney) decides whether to file charges based on the evidence available.

What you need to know:

  • The survivor is a witness, not the decision-maker. The DA controls whether charges are filed, not the victim.
  • The bar is extremely high. To convict someone of a crime, the government must prove guilt beyond a reasonable doubt — the highest legal standard that exists. This is why many cases that seem clear-cut to the public don’t result in criminal charges.
  • The absence of criminal charges does not mean nothing happened. In the Cornell case, the DA recently admitted he never even saw the full transcript of Jane Doe’s police interview — the one where she stated with “100% confidence” that she had been raped. The criminal investigation has since been reopened.

When a criminal case stalls or is dropped, it does not close the door to justice. It just means the survivor may need to look to a different system.

2. Civil Law: The Survivor’s Case

A civil lawsuit is filed by the survivor — not the government. It is the survivor’s own legal action, brought with the help of a private attorney, to seek financial compensation and hold responsible parties accountable.

What makes civil cases different:

  • The survivor is in control. You decide whether to file, who to sue, and whether to settle or go to trial.
  • The standard of proof is lower. In a civil case, you don’t need to prove guilt “beyond a reasonable doubt.” You only need to show it is more likely than not — think of it as greater than 50% — that the defendant is responsible. This is why civil cases can succeed even when criminal charges were never filed.
  • You can sue more than just the individuals. Depending on the facts, a claim may also involve a fraternity, university, or property owner. Responsibility depends on that organization’s duties, what it knew, and how its actions or failures contributed to the harm.

The goal is financial compensation, which can include:

  • Medical and therapy costs
  • Lost tuition, scholarships, and future earnings
  • Pain, suffering, and emotional trauma
  • In cases of especially reckless conduct, punitive damages

A criminal conviction is not required to win a civil lawsuit.

3. Title IX and Campus Disciplinary Rules: The University’s Process

Any college or university that receives federal funding — which is virtually all of them — is required by federal law to respond to reports of sexual assault under Title IX of the Education Amendments of 1972.

How campus proceedings work:

  • It’s an internal administrative process, not a court. No one goes to jail, and no money is awarded to the survivor.
  • The university investigates and decides. A Title IX office reviews the complaint and can impose consequences like suspension, expulsion, no-contact orders, or loss of a fraternity’s campus recognition.
  • The standard of proof is lower than criminal court. Most schools use the same “more likely than not” standard used in civil cases.
  • The university can be sued separately. If a school knew about dangerous conditions or a pattern of misconduct and failed to act, it may face liability — both under federal Title IX law and under Georgia state law for negligence.

In the Cornell case, the university’s own process resulted in two expulsions and lesser consequences for others — all without any criminal charges ever being filed. One student who was sanctioned even filed his own lawsuit challenging his punishment.

How do you report a sexual assault to your college?

You can contact your college’s Title IX coordinator to learn about reporting options and available support. You can ask about changes to classes or housing, no-contact arrangements, and other measures to help you continue your education. Support may be available even if you do not file a formal complaint.

Legal Options After Campus Sexual Assault in Georgia

The Cornell case happened in New York, but the same three-system reality applies to every Georgia college campus — from the University of Georgia and Georgia Tech to Emory, Mercer, and beyond.

Georgia Deadlines for Campus Sexual Assault Claims

Legal deadlines are strict, and missing them can affect your rights permanently. Here are the key ones:

  • Standard Personal Injury Deadline: You generally have two years from the date of the incident to file a civil lawsuit in Georgia.
  • Criminal Case Tolling: If a criminal investigation is open, Georgia law may pause (or “toll”) your civil deadline while that process is pending — up to a maximum of six years. This is designed to protect survivors who are waiting on the criminal process.
  • Public University Notice Requirement: If your claim involves a state university (like UGA or Georgia Tech), you may be required to file a formal written notice within 12 months of discovering your injury — before you can even file a lawsuit. Missing this deadline can permanently bar your claim against a state institution.

Because these deadlines interact in complex ways, speaking with a Georgia attorney as early as possible is critical.

Preserve Evidence Now

Electronic evidence disappears. Security footage gets overwritten. Text messages get deleted. If you are considering any legal action, preserve the following immediately:

  • All text messages, DMs, and social media posts from the night in question and afterward
  • Ride-hailing receipts (Uber, Lyft)
  • Medical records and forensic exam documentation
  • Any communications with university administrators or Title IX coordinators
  • Photos, videos, or witness contact information

Do not give a recorded statement to any insurance company or institutional representative without speaking to an attorney first.

Frequently Asked Questions

Can I sue if the police never arrested anyone?

Yes. Civil lawsuits operate completely independently of criminal cases. The lower standard of proof in civil court — “more likely than not” rather than “beyond a reasonable doubt” — means a civil case can succeed even when criminal charges were never filed or were dropped.

What’s the difference between Title IX and a civil lawsuit?

A school’s Title IX process addresses reports of sexual misconduct and may lead to student discipline or support measures. It does not award financial compensation. A civil lawsuit asks a court for compensation and, depending on the facts, may include claims under Title IX or state law.

Can a fraternity or university be held liable in Georgia?

Depending on the facts, yes. Georgia law requires property owners and institutions to exercise reasonable care to keep their premises safe. If a university, fraternity, or housing organization ignored known dangers, failed to provide adequate security, or violated its own safety policies, it may share legal responsibility.

Does filing a civil lawsuit mean I have to go to trial?

Not necessarily. Many civil cases resolve through confidential settlement negotiations. But having an attorney who is genuinely prepared to take a case to trial — and who defendants know will do so — is often what produces the best outcome. At Schneider Injury Law, every case is prepared for trial from day one.

What if I’m not sure I have a case?

A confidential consultation costs you nothing and commits you to nothing. It simply gives you the information you need to make an informed decision about your options and your rights.

Claim Your Free Consultation Today!

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with Schneider Injury Law. Every situation is different. Please consult a licensed Georgia attorney to evaluate the specific facts, deadlines, and legal options applicable to your circumstances.

📞