Jane Doe's attorney says a Cornell hearing panel ruled Jonathan Newell had no consent before expelling him

A Cornell disciplinary panel expelled Jonathan Newell after deciding he had sex with Jane Doe without her consent. That is the account from Doe's attorney, who is pushing back on recently surfaced text messages.

What the lawyer says the panel found

Thomas Giuffra, who represents Doe, said the texts were part of a Title IX review that ran through twelve days of evidentiary hearings. In his telling, the panel concluded that Newell violated Doe's bodily safety when he began intercourse without her agreement.

A person who has read the decision said the panel determined Newell lacked "affirmative consent." Under Title IX rules, staying silent or failing to resist does not by itself count as consent.

Giuffra also said the panel found Newell put Doe's vulnerable state on display. According to the attorney, that invited at least three men she did not know to abuse her.

The "broadcast" he described refers to a Snapchat post Newell reportedly made to the fraternity's account during the alleged assault. Newell reportedly posted a picture of Doe as well.

What Doe alleges in her lawsuit

Newell is a defendant in Doe's civil suit. Her early messages described the first encounter involving Newell plus Matthew Ingalls as consensual.

Her complaint says things shifted once Ingalls left to nap. She alleges Newell repeatedly reached for her body as she kept pushing him away. She says another man then came in, pulled her from Newell and kissed her while Newell kept groping her.

The suit claims the two men then moved her onto a bed where both had intercourse with her against her will.

The texts

For roughly two weeks after the October 19 incident, Doe and Newell traded friendly messages. In one she appeared to make peace with the night.

On November 3 her tone changed. She told him most of what happened was not consensual and said she had felt uncomfortable among strangers in the room. It is not clear when she learned of his Snapchat posts.

Giuffra argues that delayed recognition is common. He said many survivors do not label an assault as rape right away, especially when the person involved is a friend or partner.

None of the allegations in the lawsuit have been proven in court.