Diego Sarabia, one of seven men named in a civil lawsuit alleging sexual assault at Cornell University, has asked a New York court to dismiss the claims against him. The lawsuit was filed by a former Cornell undergraduate student identified as Jane Doe, who alleges that she was sexually assaulted by members of the Chi Phi fraternity during an incident in October 2024. In a motion filed on Friday Sarabia's lawyers argued that the allegations against their client were legally insufficient or filed beyond the applicable limitation period. Sarabia denies wrongdoing, and the court has yet to rule on his request. The complaint alleges that Sarabia approached Jane Doe during the incident, grabbed her face and kissed her without her consent before she pushed him away. The lawsuit also alleges that he was among the fraternity members who snorted ketamine from her body during a gathering at the fraternity house.

Sarabia's defence has disputed the allegations and argued that the complaint does not establish his participation in the more serious sexual encounters described in the case. His lawyers contend that the claims against him must be assessed separately from the broader allegations involving the other defendants. The allegations remain part of a civil case and have not been established as findings of fact by a court. Sarabia's attorney, James C. Knox, described the claims against his client as essentially a case involving an allegedly forced kiss. In the dismissal motion, Knox argued that the complaint did not allege Sarabia supplied Jane Doe with drugs or alcohol, participated in the other alleged sexual encounters or was present during most of the conduct forming the basis of the wider lawsuit. The defence maintained that broad accusations against all seven men could not replace specific allegations establishing each defendant's individual conduct.

It asked the court to dismiss the claims against Sarabia on the grounds that they were either legally inadequate, time-barred or both. Jane Doe's attorney had not filed a response to the motion in the reports available on Monday. The defence has also argued that claims involving assault, battery and intentional infliction of emotional distress are subject to a one-year statute of limitations under applicable New York law. According to Knox, the alleged conduct occurred in October 2024, while Jane Doe initiated the civil action in September 2026. He contended that the claims against Sarabia did not qualify for the extensions cited in the complaint. The legal dispute therefore centres not only on the allegations themselves but also on whether the claims were filed within the time permitted by law.

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The judge will have to consider the parties' arguments before determining whether the case against Sarabia can proceed. The dismissal request follows an earlier attempt by Sarabia's lawyers to obtain a gag order restricting public comments about the litigation. The defence argued that statements made outside court could prejudice potential jurors and that the disclosure of sensitive information could expose those involved to threats, intimidation and online harassment. However, New York judge Phaedra Perry-Bond rejected the request, describing it as a distraction from the substantive legal issues. The court has also addressed concerns about threats and doxing connected to the case. The dispute over public statements has added another legal dimension to proceedings that have attracted significant attention across the Cornell campus and beyond.

The case has prompted renewed scrutiny of Cornell University's handling of sexual assault allegations and campus safety procedures. Following the controversy, New York Governor Kathy Hochul appointed state Attorney General Letitia James as a special prosecutor to investigate the incident. Cornell has also undertaken an internal review of its response to the allegations. The Tompkins County district attorney previously declined to bring criminal charges in connection with the reported incident, while the civil litigation continues separately. The defendants have denied wrongdoing, and the allegations remain subject to legal proceedings and investigation. Sarabia's latest motion will determine whether the claims against him remain part of the civil lawsuit as the wider case proceeds.

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