Charles L. Schlumberger ’76 was a trial attorney with the U.S. Department of Justice Civil Division for four years, followed by 30 years of private practice. He is currently a senior staff attorney to Florida's 19th Judicial Circuit.
Something sinister, morally reprehensible and unforgivable occurred on Oct. 19 and 20, 2024. In this letter, I am questioning neither the victim’s claims as to those occurrences nor the consequences that should befall the perpetrators, both civilly and criminally, if they are found either civilly liable or criminally guilty. Instead, I am writing to urge your restraint and circumspection and avoid rushing to judgment, particularly against Cornell and the Cornell University Police Department , based upon the allegations of the civil complaint.
The scourge of sexual assaults on campuses have vexed colleges across the country for decades, if not centuries. Cornell — like other schools — has consistently and vigorously pursued increased security for students, campus rules of conduct and procedure at all facilities (including fraternities, sororities and other organizations that are subject to its recognition and control) and the levying of consequences to students and organizations responsible for all misconduct, including sexual misconduct. Cornell does so because it must do so, not only to meet its legal responsibilities but also out of fundamental ethics and morals that are engrained in the very concept of an institution of higher learning.
This case has received international news media and attention based solely upon a civil complaint filed for public record. I have been involved as a civil litigator, arbitrator and counsel to courts for nearly 50 years. Most Americans do not fully understand the adversary process of the American judicial system, which encourages, if not virtually requires, attorneys to zealously present their clients’ side of a dispute. As a result, the parties' attorneys are allowed to present very slanted allegations of purported facts telling, and often embellishing on, their respective clients' sides of the case. This adversary process is most prominent in the initial stages of a court proceeding. In criminal cases, it is the indictment or the information, which is written in language intended to convince the guilt of the accused. The same is true in civil cases: the complaint — the pleading that initiates a case — will paint a vivid yet slanted picture of a plaintiff’s claims designed to convince a reader that a defendant is unquestionably liable. I have read Jane Doe’s complaint, and indeed it influenced my initial reaction to the case, as it is aimed to do. Right or wrong, that is our legal system.
Invariably, news organizations present the allegations in a complaint — liberally sprinkling the term “alleged” in their reporting — as strict “reporting” of the allegations, never explaining that under our adversarial judicial system a party’s complaint must be taken with at least a healthy spoonful of salt. In any event, the reporting of a complaint’s allegations — no matter how often the word “alleged” is used — ultimately causes public sentiment to sway in favor of the victim and against the defendants. That is simply a product of human nature and not necessarily the fault of the news media’s reporting of the allegations, though sometimes their reporting is itself slanted.
For these reasons, I respectfully ask the Cornell community and the general public to not rush to judgment based solely on the civil complaint that was filed, asserting that Cornell and the CUPD failed the victim and should be held civilly liable. Be circumspect and use common sense: Why, in our current world, would either Cornell or the CUPD shirk any responsibilities they have in an effort to protect any student from sexual assault, including the sordid events in October 2024? Likewise, why would Cornell or the CUPD shirk their duties to investigate and take action regarding those events? Cornell and the CUPD have explained, since the initial news reports, that they fully followed their protocols. We now know the depth of Cornell’s investigation and hearing process, resulting in the suspension or expulsion of seven students, the closure of Chi Phi, and that it did not direct the alleged perpetrators to only submit an “essay” as a disciplinary measure. The CUPD — a fully certified New York law enforcement agency with the same powers as the Ithaca Police Department and all other New York state law enforcement agencies — performed its investigation and referred the matter to the Tompkins County prosecutor. Neither Cornell nor the CUPD has the authority to bring criminal charges; that authority is solely the prosecutor’s.
Consider this immutable fact: No matter the security measures taken to prevent criminal actions in any strain of life and society, such actions still occur. Even the most rigorous efforts aimed at preventing crime somehow can and will be defied by those having the affirmative intent and mission to commit the crime. For every human being, vigilance in protecting each other is perhaps the most effective means of preventing conduct the likes of that which occurred in the Chi Phi fraternity house in October 2024.
We all owe a responsibility to each other to protect against the alleged circumstances that led to those horrible events. No student enrolls in Cornell (or any other school, for that matter), with the expectation or desire to have Cornell play the role of helicopter parent over their college experience. To the contrary, student bodies would protest any such constant and intrusive surveillance by Cornell, even assuming it physically could do so.
It is incumbent on all of us, including fellow students, to watch out for each other. If we see a classmate making social mistakes putting him or her in harm's way (drinking, drugs or just plain stupidity), we must intervene and extract the classmate from such harm — take away their car keys, take them back to their rooms and if necessary, obtain medical treatment for the person. Equally, if we see a person, whether a classmate, fraternity brother or total stranger, committing criminal, physical harm to another individual, we must intercede and stop the perpetrator's conduct, calling 911 if necessary.
Please, do not rush to judgment against allegations made against Cornell and the CUPD in a legal system that promotes a very long leash in lodging them. And above all, let us all be committed to taking care of each other, particularly when a bad situation is apparent.
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