A sexual assault investigation at Cornell University in New York has put a spotlight on how these cases are handled nationwide. In 2024, a student reported she was gang raped at a fraternity house. The university did its own investigation under Title IX, the law that requires schools that get federal funding to address sexual discrimination, harassment, and violence. Two students were expelled, others were disciplined, but no criminal charges were filed. Prosecutors recently reopened a criminal investigation after the student involved filed a civil lawsuit last month against Cornell, the fraternity chapter, and the people accused of assaulting her.
The case is raising questions about what happens when someone first reports a sexual assault and how that information moves from a university investigation into the broader criminal justice system.
Dr. Abbie Maroño is a behavioral scientist in Orlando who trains investigators in interviewing and evaluating behavior. She also is a survivor of sexual assault. She says investigators must set aside any preconceived ideas about how a victim is supposed to act.
“After I had gone through the worst day of my life, I woke up the next morning. I got up at 6 a.m. I went to the gym. I went to university. I worked all day. I went home. I woke up the next day. I went to the gym, and I did that for years,” Maroño said. “And for some people, they wake up the next morning, and the rest of their lives looks completely different immediately. For some people, you get up and you keep going because you think you can outrun it.”
Maroño didn’t understand her own behavior or why she did or could not do certain things after her assault. That experience led her to study how victims respond to trauma.
“You cannot determine credibility by behavior alone. As soon as we decide there are things that will tell me if this person is lying, you have already corrupted the investigation. It's the most common thing that I see,” she said. “You have to take everything as an overall picture.”
That means approaching an investigation from a trauma-informed perspective.
“You have to go in non-judgmental, and you have to let them give their account,” Maroño said.
Title IX procedures
When a student reports sexual violence there can be two separate processes, a criminal investigation and the university’s own procedures under Title IX. The two can overlap, but they aren’t the same.
“A campus has its own obligations to address the sexual harassment or sexual misconduct, to get very specific information to the complainant or survivor, and to make sure that they are giving each student all of their rights that are part of the Title IX process,” said Jody Shipper, managing director with Grand River Solutions.
“All of that is completely separate from the criminal justice system,” she said.
Grand River Solutions consults with organizations governed by federal regulations, including Title IX. Shipper has worked with schools in Florida and across the country. She said survivors of sexual assault often struggle with self-blame and self-doubt, which can make knowing where to turn even more difficult.
“It's really important for folks to go onto the website of their school and look for information about the Title IX office and information that is put out there,” Shipper said. “What support is available? What resources are available?”
Almost every campus, she said, has some form of confidential reporting or student support center for people who have experienced sexual assault.
“Sending a student to one of those experts can be one of the best things a parent or concerned friend can do for their student,” she said. “Knowing where to direct them is a really important step for any parent or for anyone who is concerned about these issues.”
The criminal investigation
A university investigation is one process. A criminal investigation is another.
William Scheiner, State Attorney for Florida's 18th Judicial Circuit, which serves Brevard and Seminole counties, said his office evaluates cases to determine if prosecutors can prove the case beyond a reasonable doubt.
“When a statement first comes in and it gets submitted to us from law enforcement, there's an intake phase that happens within my Special Victims Unit,” Scheiner said.
Prosecutors and victim advocates communicate with the person who reported the assault, beginning with a conversation about what that person wants to happen. When an intake attorney is considering whether to file charges, that conversation becomes more detailed. Prosecutors consider the victim's wishes, the available evidence, and whether they believe the case can be successfully prosecuted.
“We can say to the victim, we 100% believe you, but we're concerned for your mental health, what this could potentially do to you and your ability to handle this for the long term,” Scheiner said.
That does not mean dealing with the experience of being a victim, it means testifying in front of strangers and recounting what happened.
“Ultimately we don't want an offender to get away with it, but we need to make sure first and foremost that our victims are OK, and that we can proceed when we can proceed,” he said.
From campus police to prosecutors
Scheiner says it does not necessarily matter whether an investigation comes from a university police department, a city police department, or a sheriff's office. He says major universities have their own campus police, and they are law enforcement officers under Florida statutes.
“As long as it comes to us from sworn law enforcement with a sworn complaint, we’ll review it,” he said.
According to Scheiner, a university's findings in a Title IX investigation does not determine whether prosecutors will file criminal charges.
“In those administrative hearings at the college level on the Title IX hearings, there's different standards,” he said. “Different things could be admissible, and things like that.”
Prosecutors may review the university's findings including who testified and what information was provided.
“But that's not going to dictate what we do or don't do,” Scheiner said.
For survivors who are afraid to report
For someone who has experienced sexual assault but has not reported it because they are afraid they will not be believed, Scheiner has a message.
“Don't assume that people are not going to believe you before you had the opportunity to speak.”
He encourages survivors to find someone they trust like a close friend or family member and ask that person to go with them when they seek help. Scheiner said he has heard from survivors who felt empowered for the first time by coming forward. He also encourages students to use sexual assault hotlines and other resources available on college campuses.
“I obviously deal with the criminal side, and that's important because people that do this should be held accountable,” he said. “Sometimes, more importantly, is that the victim has an opportunity to heal.”
