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 lawsuit 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 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. 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 issued an executive order Oct. 1 appointing James special prosecutor. James said her office would conduct an investigation “guided by the facts and the law.”
The case has also drawn the attention of state lawmakers, including Assemblyman Charles Lavine, whose district includes Glen Cove. Assembly Speaker Carl Heastie appointed Lavine to a 14-member working group examining issues surrounding New York’s sexual assault laws.
The group is tasked with developing legislative recommendations by the end of the year for consideration during the 2027 legislative session.
In a phone call with the Herald, Lavine said he expects lawmakers to address what he called the “so-called defense of voluntary intoxication.”
“We can certainly modify our laws to make sure that victims are protected and that voluntary intoxication no longer is a bar to prosecution,” Lavine said.
Lavine, who worked as a public defender in New York City about 50 years ago, said New York’s rape laws have changed significantly during his legal career. He also said law enforcement can sometimes be hesitant to pursue rape charges.
Lavine stressed that he was not prejudging Doe’s case, but said such hesitation “may very well have been the case with the Cornell police who did the investigation” and the Tompkins County prosecutor.
The working group hopes to meet in the coming days, Lavine said. His experience representing people charged with sexual abuse and rape, he added, gives him insight into how changes in criminal law could work in practice.
“I sincerely doubt that it is only at Cornell where such conduct has occurred,” Lavine said. “And I am hopeful that an honest discussion of this issue is going to be very constructive in the long run.”
Doe reported the alleged assault to Cornell University Police in 2024, but no criminal charges were brought. Van Houten has said his office received a six-page signed statement from Doe but did not receive a transcript of her more extensive interview with Cornell police.
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, 2024.
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 has been criminally charged.
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 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 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.
The Herald contacted Chaminade High School and Petito’s attorney, Eric Bernstein, for comment. Chaminade declined to comment.
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. The Chi Phi chapter was also barred from campus.
Cornell President Michael Kotlikoff addressed the case in an Oct. 3 video message.
“I believe we as an administration and we as a community must do better,” Kotlikoff said.
On Oct. 6, Cornell announced that a special committee of its board of trustees had retained former U.S. Deputy Attorney General Sally Q. Yates to lead an independent review of the university’s policies and response to sexual harassment, sexual assault and related misconduct. The review will include Cornell’s response to the allegations involving Doe and members of Chi Phi, as well as the university’s campus police practices and coordination with outside law enforcement.
