Orazio Petito, of Glen Cove, is among the defendants named in a civil lawsuit filed by a former Cornell University student identified as Jane Doe, who alleges she was drugged and sexually assaulted by seven men at a fraternity house in October 2024.
Petito, a Chaminade High School graduate and member of Cornell’s Xi Chapter of Chi Phi fraternity, is named in the 101-page lawsuit filed Sept. 16 in State Supreme Court in Manhattan. The complaint identifies him as president of the fraternity’s executive board “at all relevant times” and alleges that he failed to properly supervise the fraternity house and its members.
Petito is not one of the seven men whom Doe accuses of sexually assaulting her.
The case has renewed scrutiny of Cornell’s handling of Doe’s allegations and the original criminal investigation, prompting Gov. Kathy Hochul to appoint State Attorney General Letitia James as special prosecutor.
“The allegations in this case are nothing short of horrifying,” Hochul said on Sept. 29. “For any student to come forward after an experience like this takes extraordinary courage.”
Hochul initially supported Tompkins County District Attorney Matthew Van Houten’s decision to reopen the criminal investigation and called for an independent review of Cornell’s response. Two days later, she said newly released information raised “serious questions” about the Cornell University Police Department’s investigation and the district attorney’s original decision not to prosecute.
Hochul said the developments had “undercut my faith, and the public’s faith,” in the district attorney’s ability to handle the case and issued an executive order Oct. 1 appointing James as special prosecutor. James can investigate the alleged incident and, if warranted, prosecute offenses and present evidence to a grand jury.
“Every New Yorker deserves to know that when they report a crime, it will be investigated fully and fairly,” James said in a news release. “The Governor has entrusted my office with this investigation, and we do not take that responsibility lightly.”
The case has also drawn the attention of state lawmakers. Assemblyman Charles Lavine, whose district includes Glen Cove, said Oct. 6 that Assembly Speaker Carl Heastie appointed him to a working group examining New York’s sexual assault statutes.
“I am deeply troubled by the allegations surrounding the Cornell rape case,” Lavine said. “Particularly the vile attempts by so many to blame the victim. The voices of crime victims must be listened to. Those responsible must be prosecuted and held accountable.”
Lavine said he hoped the group’s work would “help protect the people of New York State.”
Doe reported the alleged assault to Cornell University Police in 2024, but no criminal charges were brought. Questions have since emerged about what information prosecutors had when the decision not to prosecute was made.
Van Houten has said his office received a six-page signed statement from Doe in 2024 but did not receive a transcript of her more extensive interview with Cornell police, in which she described the alleged assault in greater detail.
Doe alleges that she was intoxicated and given drugs before being sexually assaulted at the Chi Phi fraternity house during the night of Oct. 19 into Oct. 20, 2024.
In addition to Cornell, fraternity and sorority organizations and others, Doe is suing the seven men she accuses of sexually assaulting her: Matthew Ingalls, Johnathan Newell, Winston Lee, also identified as Lee Jun Hyung, Gillio Lopes, Diego Sarabia, Scott Norris and Scott Kretzschmar.
None of the seven has been criminally charged in connection with Doe’s allegations, and the allegations in the civil complaint have not been proven in court.
The claims against Petito are different. The complaint alleges that, because of his purported leadership and supervisory responsibilities within Chi Phi, he had a duty to protect Doe from foreseeable harm and failed to exercise reasonable care in supervising fraternity members.
It further alleges that Petito failed to investigate complaints or concerns about the seven men’s behavior, recognize signs of sexual abuse and warn Doe that they could pose a danger to her.
The complaint alleges that Doe was taken into a smaller room believed to be the fraternity president’s office, where she alleges Ingalls and Lee gave her additional ketamine and sexually assaulted her while she was incapacitated. The lawsuit does not allege that Petito participated in those acts.
Petito is a defendant in the civil action, which seeks damages and other relief. James’ office has not publicly identified him as a target of the separate criminal investigation.
As of press time, the Herald contacted Chaminade High School and Petito’s attorney, Eric Bernstein, for comment. Both parties have yet to respond.
Cornell conducted a separate Title IX investigation after the allegations were reported. The university has confirmed that its disciplinary process resulted in expulsions, suspensions and other sanctions, although outcomes differed among the students involved. Cornell has cited federal student-privacy requirements in limiting what it can disclose about individual cases. The Chi Phi chapter was also barred from campus.
Cornell President Michael Kotlikoff addressed the case in an Oct. 3 video message, describing the allegations as deeply disturbing.
“I believe we as an administration and we as a community must do better,” Kotlikoff said.
Kotlikoff said Cornell would cooperate with an independent review and supported James’ appointment. He also said the university would examine sexual assault, alcohol and drug use and the role of fraternities and sororities on campus.
The attorney general’s office has not announced criminal charges arising from the renewed investigation.
